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Agreement between CMB & Miami Beach Gymnastics LLC
2 0 2'- °n-1 Docusign Envelope ID:BBFO6379-C9D3-4D8F-BD8E-A42498F041A2 Contract No.24-107-01 AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND MIAMI BEACH GYMNASTICS LLC FOR GYMNASTICS PROGRAM INSTRUCTIONAL SERVICES, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) No. 2024-107-LB SEP 0 rt' �, This Professional Services Agreement ("Agreement") is entered into this ("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 (the "City"), and MIAMI BEACH GYMNASTICS LLC, a Florida Limited Liability Company, whose address is 818 Meridian Ave., Apt. 7, Miami Beach, Florida 33139 ("Contractor"). SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Contractor, including any exhibits and amendments thereto. City Manager: The chief administrative officer of the City. City Manager's Designee: The City staff member who is designated by the City Manager to administer this Agreement on behalf of the City. The City Manager's designee shall be Cindy Casanova, Parks and Rccrcation Department Assistant Director. Contractor: For the purposes of this Agreement, Contractor shall be deemed to be an independent contractor, and not an agent or employee of the City. Services: All services, work, and actions by the Contractor performed or undertaken pursuant to the Agreement. Fee: Amount paid to the Contractor as compensation for Services. Proposal Documents: Proposal Documents shall mean City of Miami Beach Request for Qualifications ("RFQ") No. 2024-107-LB for Gymnastics Program Instructional Services, together with all amendments thereto, issued by the City in contemplation of this Agreement, (the "RFQ"), and the Contractor 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; the RFQ; and the Proposal; and Exhibit F Certification of Compliance with Anti-Human Trafficking Laws, FL, Section 787.06 (13). 1 Docusign Envelope ID:BBFD6379-C9D3-4D8F-BD8E-A42498F041A2 Contract No.24-107-U 1 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. SECTION 2 SCOPE OF 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, the Contractor shall provide the Services in adherence with the fee schedule established by the City, attached and incorporated as Exhibit"B" hereto. 2.3 Public Benefit and Educational Contribution.The Contractor will give a percentage of their fundraising efforts in the amount of 10% to the Education Initiative 501(c)(3). Multiple fundraisers are held throughout the season to help support families in need with travel costs and registration fees associated with competitive gymnastics. The Contractor also partners with "ProjectKix,"which collects new and gently used sneakers to help support disabled athletes. Additional public benefit contributions to be provided by the Contractor shall include: • Free trial classes • Scholarships towards Class Fees and Team Fees • Referral program — registered campers shall receive a free week of Camp or Pro-Rated fees when referring another gymnast who, at minimum, registers and pays for a class session. • Gift Certificates for local schools to be used as prizes or auction items • Volunteer at the local schools during their field days or sporting events • Community service hours(partner with MBSH) • Student teaching — older students can volunteer to help out our coaches in classes in return for a discount on program fees • City celebration — our gymnasts are happy to perform at any Citywide celebrations, events, carnivals, etc. • Team beach clean-ups 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 three (3) years from the Effective Date. The City, through its City Manager, will have the option to extend for two (2) 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). Continuation of the contract beyond the initial period, and any option subsequently exercised, is a City prerogative and not a right of the successful contractor. 2 Docusign Envelope ID:BBFD6379-C9D3-4D8F-BD8E-A42498F041A2 Contract No.24-107-01 SECTION 4 CENTER TO BE MANAGED 4.1 The Contractor agrees, to operate, manage and maintain the following City-owned recreational facilities (hereinafter such recreational facility may be referred to as the "Center"): 4.1.1 That certain City-owned recreational facility commonly known as the Gymnastics Room, located at the Scott Rakow Youth Center, 2700 Sheridan Avenue, Miami Beach, Florida 33140. 4.2 Contractor herein accepts the Center, including, without limitation, all buildings, improvements, and fixtures located thereon, in their "as is "where is" condition, and agrees that the City shall have no obligation to improve, repair, restore, refurbish, or otherwise incur any expense in improving or changing the condition of the Center at any time during the Term of this Agreement. 4.3 Prior to the start of sessions, the City shall remove all non-gymnastics items and equipment, clean the facility, and place all floor carpet in the proper positions. The City further agrees to replace the (1) leather upholstery on the vault table and (2) missing beam end cap during the Term. SECTION 5 PERSONNEL 5.1 Personnel Background Checks. Contractor shall comply with the requirements of Sections 1012.32 and 1012.465, Florida Statutes, requiring that only those employees who have successfully passed the background screening required by the referenced statutes, and who meet the standards established by the statutes, be allowed access to the Center and/or allowed to perform services under this Agreement. This requirement shall also extend to all Contractor representatives, agents, independent contractors, sub- contractors, or volunteers (such employees, representatives, agents, independent contractors, sub-contractors, or volunteers of Contractor shall be collectively referred to herein as"Personnel")performing duties under this Agreement. The Personnel shall undergo the aforestated background screening and a drug screening, as well as a credit history check for those positions that require the handling of money (collectively referred to herein as "Background Check Process") prior to entering the Center to begin employment and/or deliver services. The Background Check Process will be conducted by the City of Miami Beach Human Resources Department. Contractor will bear the cost, (currently estimated at approximately $82.50 per employee, but subject to change from time to time), of acquiring the required Background Check Process, and any fee imposed by the Florida Department of Law Enforcement to maintain the records related to the background screening provided with respect to Contractor and its Personnel. Employment may be contingent upon satisfactory results as determined by the City. 3 Docusign Envelope ID:BBFD6379-C9D3-4D8F-BD8E-A42498F041A2 Contract No.24-107-01 The Personnel shall not be permitted to work at the Center until such time as the Background Check Process has been completed and the Personnel cleared to perform duties under this Agreement. If any Personnel is away from the job for a period of 45 or more days, the City will require a new Background Check Process. Contractor agrees to require all of its Personnel to notify the Contractor and the City of any arrest(s)or conviction(s)of any offense within 24 hours of its occurrence. Contractor further agrees to immediately notify the City upon becoming aware that one of its Personnel, who was previously certified as completing the Background Check Process, is subsequently arrested, or convicted of any disqualifying offense. Failure by Contractor to notify the City of such arrest or conviction within 24 hours of being put on notice shall constitute a material breach of this Agreement, entitling the City to terminate this Agreement immediately,without further liability to the City. In connection with the performance of its responsibilities hereunder, Contractor may hire Personnel (as defined in Subsection 5.1 herein), who will be contracted with the Contractor and subject to a background Check Process, as set forth in Subsection 5.1 herein, at the expense of the Contractor. Contractor shall provide art adequate number of Personnel and man-hours in order to perform the services required under this Agreement to the satisfaction of the City. Contractor shall select the number, function, qualifications (as stated in the Job Descriptions provided in the attached Exhibit D), compensation, including benefits (if any), and may, at its discretion and at any time, adjust or revise the terms and conditions relating to such Personnel, in order to ensure an adequate number of Personnel and man-hours to the satisfaction of the City. Contractor must provide the City with a complete list of employees including but not limited to: name, contact phone number, certifications, email addresses, positions held and duties. 5.2 The Contractor agrees that Personnel shall maintain membership and be certified in the following areas during the contract term: USAG (U101 Safety and Risk Management Certification USAG (U100)Fundamental Gymnastics Instruction Course Certification USAG (U110)Safe Sport Course Certification CPR/First Aid Contractor is responsible for maintaining all certifications for him/herself and all its employees. Contractor shall provide documentation, on a yearly basis, of current certifications of each staff member. There must be onsite management by the Contractor at the Center during operating hours. 5.3 Contractor's Personnel shall wear clean appropriate apparel to include uniforms/name tags, such that Center patrons can easily identify Contractor and its Personnel. All Personnel furnished to the City of Miami Beach must be uniformed. Each uniform shall display Contractor's name and logo, which logo shall be subject to approval by the City. Uniforms must be provided at the Contractor's expense and may not be charged to an employee or deducted from an employee's paycheck, therefore reducing the hourly pay rate to less than the living wage rate required under the City's Living Wage Ordinance, as same may be amended from time to time. 4 Docusign Envelope ID:BBF06379-C9D3-4D8F-BD8E-A42498F041A2 Contract No.24-107-01 5.4 All Personnel shall observe all the graces of personal grooming and shall present themselves in a neat and clean manner. Contractor's personnel shall also be appropriately qualified and shall comport themselves in a professional and courteous manner in conformity with the City's Customer Service standards, as set forth in Exhibit D. In the City's sole discretion, the Contractor and its Personnel may be required to attend the City's Customer Service training. If Contractor materially fails to comply with these provisions, the City may send notice of default. The Contractor shall have an experienced manager or managers always overseeing the Center and related operations at all times the Center is open to the general public. SECTION 6 CENTER HOURS, PROGRAMS, PAYMENTS AND REGISTRATIONS 6.1 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 Friday, and 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. Contractor shall not schedule classes on Saturdays or Federal holidays without the City's prior written approval. Upon thirty (30) days prior written notice to the City Manager and the City's Parks Director, and upon approval of the City Manager, the fees set forth in Exhibit"B"may be adjusted annually, effective on the anniversary of the Effective Date. 6.2 Available Gymnastic Center hours are as follows: Monday 9:00 AM to 8:00 PM Tuesday 9:00 AM to 8:00 PM Wednesday 9:00 AM to 8:00 PM Thursday 9:00 AM to 8:00 PM Friday 9:00 AM to 8:00 PM Saturday Closed Sunday 9:30 AM to 5:00 PM Contractor and its employees shall, at all times, be prompt in opening the Center for business at the scheduled time each day. Contractor's responsibilities and duties may include, but are not limited to, checking class/program/activity rosters for registered participants; monitoring the Center during hours of operation; addressing and controlling 5 Docusign Envelope ID:BBFD6379-C9D3-4D8F-BD8E-A42498F041A2 Contract No.24-1 07-01 inappropriate behavior or patrons and visitors; assisting a patron by providing answers to questions regarding programs, events, etc.; and managing the Center in a pleasant, efficient and effective manner. 6.3 All attendees participating in any authorized Gymnastics program, activity, or camp, must be registered with and make payment to the Contractor through the use of a registration software system acceptable to the City. All program, camp, and/or activity registrations for participation in an authorized Gymnastics program as agreed to by the Parks and Recreation Director or his/her designee, and the Contractor shall be paid directly to the Contractor. Ticket sales for performances, costs of participant uniforms and applicable competition fees shall be paid directly to the Contractor. The term "gross revenue" shall include all monies received from Gymnastics services provided by the Contractor as agreed to by the City. Payment to the City will be calculated based on monies collected by the Contractor. The Contractor shall make remittance on a per session basis. Payment to the City will be made no later than thirty (30)days from the end of the session. Contractor must submit a detailed financial report outlining the revenues and registrations collected for each session for the corresponding payment due to the City. For the avoidance of doubt, a "session" may refer to a class, group of related classes, or semester of related classes. The Contractor agrees to establish an effective inventory system, keep accurate books • and records in accordance with Generally Accepted 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 Agreement. All such books maintained by the Gymnastics Director shall be available for inspection by the City or its agents without notice. SECTION 7 MARKETING 7.1 Contractor's marketing plan is attached hereto as Exhibit "C". All advertising and marketing materials, including but not limited to flyers, articles, etc., must be pre-approved by the Parks and Recreation Director or his/her designee. SECTION 8 PROPERTY AND MAINTENANCE 8.1 The Contractor shall, at all times, take precautions to avoid any damage or loss of property of the City. The Contractor agrees to reimburse the City for any damage to the facility and/or gymnastics equipment (excepting general wear and tear). The Contractor agrees to purchase any additional equipment and/or supplies not already located in the Gymnastics facility of the Scott Rakow Youth Center. 8.2 Contractor shall replace or repair to the City's satisfaction any loss or damage at the Contractor's expense. 8.3 Contractor shall adhere at all times to all safety concerns regarding employees and visitors to the facility. 6 Docusign Envelope ID:BBFD6379-C9D3-4D8F-BD8E-A42498F041A2 Contract No.24-107-01 8.4 Contractor shall perform daily preventative maintenance inspections and prepare inspection reports on the condition of the Gymnastics facility on a monthly basis. At the City's request, Contractor shall provide the City with copies of all inspection reports. 1n ' addition to Contractor's scheduled, preventative maintenance and repairs to be performed as contemplated herein, upon discovering an issue requiring non-routine maintenance or repair, Contractor shall immediately notify the City. Contractor shall initiate the scheduled preventative maintenance requirements for upkeep and/or repair of the Gymnastics facility equipment. SECTION 9 FINES AND PENALTIES 9.1 The City reserves the right to levy fines against the Contractor when the City determines that Contractor is not meeting the necessary work requirements. The following table below depicts the areas and applicable grace periods provided before the City may levy a fine against the Contractor: Work Activity Grace Period Quality of Operations 24 hours Personnel Shortages 4 hours Personnel Dress Code 8 hours Equipment Deficiencies 72 hours Supplies 8 hours Program Management 24 hours Communications 48 hours Life Safety Maintenance 2 hours If the Contractor require more time than otherwise provided for by the above grace periods to complete corrective action, Contractor shall submit a written request must to the City Manager's Designee prior to the end of the applicable grace period. The basis for the implementation of fines and penalties includes but is not limited to the following: a. Quality of Operations - Inability to provide service in a workmanlike and professional manner; failure to conform to professional and industry standards; and unable to provide maintenance services in a manner in clean orderly and safe condition. b. Personnel Shortages - Failure to provide a staffing plan that meets the maintenance coverage requirements of the service area, and/or failure to provide the necessary on-site personnel in accordance to the staffing plan approved by the City c. Personnel Dress Code - Failure of employees to meet uniform requirements, including wearing clean uniforms. d. Equipment Deficiencies - Inability to fully operate; in non-functional condition; in state of disrepair and or visibly damaged; lacking maintenance; and not generally maintained and in clean condition. e. Supplies - Failure to provide the supplies necessary for the proper 7 Docusign Envelope ID:BBFD6379-C9D3-4D8F-BD8E-A42498F041A2 Contract No.24-107-01 execution of the program or maintenance service specified. f. Program Management — Failure to implement a comprehensive management program to respond to City and/or stakeholder requests for services and maintenance issues covered by the Contract. g. Communications — Failure to submit an approved communications plan addressing routine, scheduled, and emergency maintenance and repair activities, and failure to provide timely notifications as previously prescribed. h. Safety Regulations — Failure to adhere to OSHA's most recently published Safety and Health Regulations and general Occupational Safety and Health Standards. Fines for failures to complete corrective action for any of the work activities listed above are as follows: - $100 after failing to complete corrective action after two(2)notifications - $200 after three(3) notifications - $500 after four(4)notifications SECTION 10 FEE PERCENTAGE OF GROSS(PG). 10.1 In consideration of the City executing an agreement and granting the rights provided in the agreement, the Contractor shall guarantee and pay to the City, at the conclusion of every class session, 20% of all fees collected by the Contractor from the program participants, with the exception of registration and competition fees. Contractor shall retain 80% of all fees collected by the Contractor from the program participants. Contractor shall retain 100% of the registration and competition fees. The Contractor shall provide the City with payment, along with session rosters, which will include each participant residency information, and proof of individual payments, all of which must be submitted to the City no later than thirty (30) days from the end of the session. For the avoidance of doubt, a "session" may refer to a class, group of related classes, or semester of related classes. 10.2 Cost Adjustment. On or about the anniversary of each contract year, the Contractor may request, and the City Manager may approve, a cost adjustment to the PG based on documented cost increases for the following year. Cost adjustments should be limited to changes in the applicable Bureau of Labor Statistics index for the local region or other verifiable evidence of price increases. The Contractor's adjustment request must substantiate the requested increase. The City of Miami Beach, through its City Manager, reserves the right to approve a requested adjustment or may terminate the agreement and readvertise for bids for the goods or services. 8 Docusign Envelope ID:BBFD6379-C9D3-4D8F-BD8E-A42498F041A2 Contract No.24-107-01 SECTION 11 TERMINATION 11.1 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 rights and remedies against Contractor. The City shall be entitled to recover all costs of such actions, including reasonable attorneys'fees. 11.2 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 FORTY-FIVE (45) DAYS FOLLOWING RECEIPT BY THE Contractor OF SUCH NOTICE. ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY CONCERN, AS DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S SOLE DISCRETION, THE CITY MANAGER, PURSUANT TO A VERBAL OR WRITTEN NOTIFICATION TO Contractor, MAY IMMEDIATELY SUSPEND THE SERVICES UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE ALTERNATIVE, TERMINATE THIS AGREEMENT ON A GIVEN DATE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, CONTRACTOR SHALL BE PAID FOR ANY SERVICES SATISFACTORILY 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. 11.3 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. 9 Docusign Envelope ID:BBFD6379-C9D3-4D8F-BD8E-A42498F041A2 Contract No.24-107-01 SECTION 12 INDEMNIFICATION AND INSURANCE REQUIREMENTS 12.1 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 Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Contractor shall in no way limit the Contractor's responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided 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. 12.2 INSURANCE REQUIREMENTS The Contractor shall maintain and carry in full force during the Term, the following insurance: The vendor shall maintain the below-required insurance in effect prior to awarding the contract and for the duration of the contract. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage may be treated as a material breach of the contract, which could result in withholding of payments or termination of the contract. A. Workers' Compensation Insurance for all employees of the Contractor as required by Florida Statute Chapter 440 and Employer Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Should the Contractor be exempt from this Statute, the Contractor and each employee shall hold the City harmless from any injury incurred during performance of the Contract. The exempt contractor shall also submit(i)a written statement detailing the number of employees and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees during the term of this contract or(ii)a copy of a Certificate of Exemption. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 general aggregate. 10 Docusign Envelope ID BBFO6379-C9D3-4D8F-BD8E-A42498F041A2 Contract No.24-107-01 C. Automobile Liability Insurance covering any automobile, if vendor has no owned automobiles, then coverage for hired and non-owned automobiles, with limit no less than $1,000,000 combined per accident for bodily injury and property damage. D. Professional Liability(Errors& Omissions)Insurance appropriate to the Contractor's profession,with limit no less than $1,000,000. 12.3 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 less 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. 12.4 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. The insurance certificates for General Liability shall include the City as an additional insured and shall contain a waiver of subrogation endorsement. 12.5 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. 12.6 The Contractor is also solely responsible for obtaining and submitting all insurance certificates for any sub-contractors. 12.7 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. 12.8 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 13 LITIGATION JURISDICTIONNENUE/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. 11 Docusign Envelope ID:BBFD6378-C9D3-4D8F-BD8E-A42498F041A2 Contract No.24-107-01 SECTION 14 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 $10,000. 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$10,000. 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 $10,000 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. The limitation of City's liability in this Section 14 shall not apply to the extent the damages are due to City's fraud, gross negligence or intentional misconduct. 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 15 DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS; COPYRIGHT; AND CONFIDENTIAL FINDINGS 15.1 DUTY OF CARE With respect to the performance of the work and/or service contemplated herein, Contractor shall exercise that degree of skill, care, efficiency and diligence normally exercised by reasonable persons and/or recognized professionals with respect to the performance of comparable work and/or services. 15.2 COMPLIANCE WITH APPLICABLE LAWS In its performance of the work and/or services, Contractor shall comply with all applicable laws, ordinances, and regulations of the City, Miami-Dade County, the State of Florida, and the federal government, as applicable. 15.3 PATENT RIGHTS; COPYRIGHT; CONFIDENTIAL FINDINGS Any work product arising out of this Agreement, as well as all information specifications, processes, data and findings, are intended to be the property of the City and shall not otherwise be made public and/or disseminated by Contractor, without the prior written consent of the City Manager, excepting any information, records etc. which are required to be disclosed pursuant to Court Order and/or Florida Public Records Law. 12 Docusign Envelope ID:BBFD6379-C9D3-4D8F-BD8E-A42498F041A2 Contract No.24-107-01 All reports, documents, articles, devices, and/or work produced in whole or in part under this Agreement are intended to be the sole and exclusive property of the City, and shall not be subject to any application for copyright or patent by or on behalf of the Contractor or its employees or sub-contractors, without the prior written consent of the City Manager. SECTION 16 GENERAL PROVISIONS 16.1 MAINTENANCE AND EXAMINATION OF RECORDS. Contractor shall maintain current, accurate, and complete financial records on an accrual basis of accounting related to its operations pursuant to this Agreement. Systems and procedures used to maintain these records shall include a system of internal controls and all accounting records shall be maintained in accordance with generally accepted accounting principles and shall be open to inspection and audit, but not photocopying, by the City Manager upon reasonable prior request and during normal business hours. Such records and accounts shall include a breakdown of revenues, expenses, and profit and loss statements. Contractor shall maintain accurate receipt-printing cash registers or a like alternative at the Center which will record and show the payment for every sale made or service provided at the Center; and such other records shall be maintained as would be reasonably required by an independent CPA in order to audit a statement of annual revenues and profit and loss statement pursuant to generally accepted accounting principles. 16.2 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 Manager 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. 16.3 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. 13 Docusign Envelope ID:BBFD6379-C9D3-4D8F-BD8E-A42498F041A2 Contract No. 24-107-01 16.4 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. 16.5 NO DISCRIMINATION In connection with the performance of the Services, the Contractor shall not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, age, disability, religion, income or family status. Additionally, Contractor shall comply fully with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing, public accommodations, and public services on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation. 16.6 CONFLICT OF INTEREST 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, as may be amended from time to time; and by the City of Miami Beach Charter and Code, as may be amended from time to time; both of which are incorporated by reference as if fully set forth herein. Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of the Services. Contractor further covenants that in the performance of this Agreement, Contractor shall not employ any person having any such interest. 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 therefrom. 16.7 CONTRACTOR'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW (A) Contractor shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. (B) The term "public records" shall have the meaning set forth in Section 119.011(12), which means 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. (C) 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: (1) Keep and maintain public records required by the City to perform the service; (2) Upon request from the City's custodian of public records, provide the City with a 14 Docusign Envelope ID:BBFD6379-C9D3-4D8F-BD8E-A42498F041A2 Contract No.24-107-01 copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement if the Contractor does not transfer the records to the City; (4) Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. (D) REQUEST FOR RECORDS; NONCOMPLIANCE. (1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Contractor of the request, and the Contractor must provide the records to the City or allow the records to be inspected or copied within a reasonable time. (2) Contractor's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or(3)avail itself of any available remedies at law or in equity. (3) A Contractor who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. (E) CIVIL ACTION. (1) If a civil action is filed against a Contractor to compel production of public records relating to the City's contract for services, the court shall assess and award against the Contractor the reasonable costs of enforcement, including reasonable attorneys'fees, if: a. The court determines that the Contractor unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Contractor has not complied with the request, to the City and to the Contractor. (2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of public records and to the Contractor at the Contractor's address listed on its contract with the City or to the Contractor's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. 15 Dowsign Envelope ID:BBFD6379-C9D3-4D8F-BD8E-A42498F041A2 Contract No.24 1 07-0 I (3) A Contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. (F) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADO(cMIAMIBEACHFL.GOV PHONE: 305-673-7411 16.8 E-VERIFY (A) Contractor shall comply with Section 448.095, Florida Statutes, "Employment Eligibility" ("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify Statute, commencing on January 1, 2021, Contractor shall register with and use the E- Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement. Additionally, Contractor shall expressly require any subcontractor performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract Term. If Contractor enters into a contract w an approved subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of such affidavit for the duration of the Agreement or such other extended period as may be required under this Agreement. (B) TERMINATION RIGHTS. (1) If the City has a good faith belief that Contractor has knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate this Agreement with Contractor for cause, and the City shall thereafter have or owe no further obligation or liability to Contractor. (2) If the City has a good faith belief that a subcontractor has knowingly violated the foregoing Subsection 10.9(A), but the Contractor otherwise complied with such subsection, the City will promptly notify the Contractor and order the Contractor to immediately terminate the Agreement with the subcontractor. Contractor's failure to terminate a subcontractor shall be an event of default under this Agreement, entitling City to terminate the Contractor's contract for cause. (3) A contract terminated under the foregoing Subsection (B)(1) or (B)(2) is not in breach of contract and may not be considered as such. (4) The City or Contractor or a subcontractor may file an action with the Circuit or 16 Docusign Envelope ID:BBFD6379-C9D3-4DBF-BD8E-A42498F041A2 Contract No.24-107-01 County Court to challenge a termination under the foregoing Subsection(BX1)or (B)(2) no later than 20 calendar days after the date on which the contract was terminated. (5) If the City terminates the Agreement with Contractor under the foregoing Subsection (B)(1), Contractor may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. (6) Contractor is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Section 16.8. SECTION 17 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 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: Stacey Hatch Miami Beach Gymnastics LLC 818 Meridian Avenue Miami Beach, FL 33139 Ph: 352-514-2230 Email: shatch4Ocomcast.net TO CITY: Cindy Casanova, Assistant Director Parks& Recreation Department City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Ph: 305-673-7272 Email: cvnthiacasanova(c�miamibeachfl.gov 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 date of an acknowledged receipt, or, in all other cases, on the date of receipt or refusal. 17 Docusign Envelope ID:BBFD6379-C9D3-4D8F-BD8E-A42498F041A2 Contract No.24-107-01 SECTION 18 MISCELLANEOUS PROVISIONS 18.1 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. 18.2 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. 18.3 WAIVER OF BREACH A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A party's waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 18.4 JOINT PREPARATION The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been a joint effort of the parties, the language has been agreed to by parties to express their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 18.5 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 document. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 18 Docusign Envelope la BBFD8379-C9D3-4D8F-B08E-A42498F041A2 Contract No.24-107-01 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: .......,\A � By, lr l eizt _._ Rafael E. Granado, City Clerk Eric Carpenter, ity Manager Date: SEP 0 b 2024 APPROVED AS TO FORM & LANGUAGE A.t. B • .-s' & FOR EXECUTION 0tbakt..,--- alt st �/ 'INCOR° ORATED -.. :*.,_ City Attorney Date -a G . g - �"�-City ,1__ FOR Contractor: MIA BEACH GYMNASTICS LLC B . Stacey Hatch Owner Print Name and Title Date: _8/19/24.__-------._�._-_--.----_. 19 Docusign Envelope ID:BBFD6379-C9D3-4D8F-BD8E-A42498F041A2 Contract No.24-107-01 EXHIBIT A DESCRIPTION OF SERVICES • Contractor shall establish and administer Gymnastics classes and events for Miami Beach residents and visitors at the Scott Rakow Youth Center located at 2700 Sheridan Avenue, Miami Beach, FL 33140. • 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 designee. • Contractor shall manage and administer these types of programs, classes and/or events for the community on dates mutually agreed upon by Contractor and the City. Contractor shall identify and, as necessary, retain specialized partners and shall be responsible for coordinating and executing the programs contemplated by this Agreement. Contractor shall be solely responsible for the costs and expenses associated with its implementation of the activities, including payment, if any, to specialized partners identified or retained by Contractor in connection with the Services. • Contractor's Programs should at minimum include the following activities: o A gymnastics developmental program conducted during the academic school year. o A one week or more gymnastics camp conducted during the summer school recess. o A gymnastics program that would provide opportunities for competition. o 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: o Birthday party packages o Cheerleading instruction o Open gym o Holiday events and/or special events o Parent/toddler programs o Private Classes • Contractor 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. • Contractor (or his/her designee) 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 all additional times reasonably necessary for the performance of the job responsibilities specified in the executed contract. • Use of the gymnastics facility by the Contractor will be scheduled and reserved according to a submitted class/performance/camp schedule. Changes to the schedule or 20 Docusign Envelope ID:BBFD6379-C9D3-4D8F-BD8E-A42498F041A2 Contract No.24-10 7-01 additional use requested must be pre-approved by the Parks and Recreation Director or his/her designee. • Contractor (or his/her designee) 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. • Contractor 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. • Contractor shall monitor (to include attendance and sign in/outs of all participants and), maintenance of equipment and daily janitorial upkeep to include but not limited to: vacuuming, sweeping, mopping, sanitizing mats, emptying trash, glass cleaning, etc. as well as supervising 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. • Contractor 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. • Contractor 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. Contractor shall make recommendations on appropriate actions and/or changes. • Contractor, or his/her designee, shall assist the Parks and Recreation Director, or his/her designee, in recommending gymnastics facility equipment and improvements to the overall gymnastics operating policies and procedures at the Scott Rakow Youth Center. • Contractor represents that he/she has, or will secure at his/her own expense, all necessary personnel required to perform the stated services of this RFQ and the executed contract. Such personnel shall NOT be City employees. • Staff employed by the Contractor 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. • Contractor 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. • Contractor, and employees of the Contractor, shall use neither controlled substance, 21 Docusign Envelope ID:88FD6379-C903-4D8F-BD8E-A42498F041A2 Contract No.24-I 07-01 unless prescribed by a licensed physician, illegal substances, or alcohol. The Contractor and employees of the Contractor, when on or in City property, will not smoke or use tobacco-related products while engaged in their work. • Contractor and employees of the Contractor 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 Contractor. • Contractor, and employees of the Contractor, 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. • Contractor 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. • Contractor 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. • Contractor shall be responsible for maintaining CPR, First Aid and AED certifications for him/herself and all its employees. The Successful Proposer shall provide documentation, on a yearly basis, of current certifications of each staff member. • Contractor, or his/her designee, shall initiate the scheduled preventative equipment maintenance requirements for upkeep and/or repair of the gymnastics facility equipment and shall provide to the City proof of such upon request. • Contractor, or his/her designee, shall report all instances of facility equipment natural deterioration and replacement needs to the City within a year of expected replacement. Equipment replacement and/or repair that poses an immediate danger must be addressed no later than 24 hours of noted deficiency. • Contractor shall remain an independent contractor with respect to all acts and services to be performed by the Contractor as detailed in this Agreement. 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 Contractor 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 Contractor, nor for any debts, liabilities, nor any other obligations of the Contractor. • Contractor, as an independent contractor, is not entitled to any City employee fringe benefit such as vacation,sick leave, insurance, etc. • Contractor and/or its employees shall not conduct any business or activity not 22 Docusugn Envelope ID'8BFD6379-C9D3-4D8F-BD8E-A42498F041A2 Contract No.24-107-01 specifically authorized by this Agreement, unless approved by the Parks and Recreation Director and/or City Manager, when required. If approved, the business or activity shall riot 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. • Contractor shall not purchase any merchandise or consignment in the name of the City or Youth Center nor shall the Contractor incur any debt in the name of the City or the Youth Center. The Contractor 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 Contractor 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. • Contractor 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 the Agreement. All such books and records maintained by the Gymnastics Director shall be available for inspection by the City or its agents without notice. 23 Docusign Envelope ID:BBFD6379-C9D3-4DBF-BD8E-A42498F041A2 Contract No.24-107-01 EXHIBIT B PARTICIPANT FEES The present Billing Rates are specified below. The City reserves the right to negotiate the fee schedule with the successful proposer. Any change to the approved fees shall require the prior written approval of the City Manager or designee. Gymnastics Fall 8/19-12/20_ (18weeks)2 9week sessions Registration Fee to Contractor $50 Residents 45-55min classes " $270($30/class) Non-Residents 45-55min ;; $360($40/class classes Residents 90min classes i $305 q34/class) Non-Residents 90min classes $395 $44/class Cheerleading Registration Fee to Contractor $50 Residents 45-55min classes $180($20/class) Non-Residents 45-55min I $270($30/class classes **Winter Session 1/6-3/21 (11weeks) use per class rate x 11 weeks * s.p ing Session 3/31-5/30(9 weeks)use per class rate x 9 wees Birthday Parties $700(1-20)Res. $850(1-20) Non-Res, Add-Ons Additional Charge for 20+ Child $15/child Snacks and Drinks Food Platters/Pizza Gymnastic Camps 9:00AM-4:00PM Residents(Weekly) $400 Non-Residents,(Weekly)_ $550 Competitive Team 8/12- 5/30 39 weeks(9 monthly payments) 5 hour resident $2500.00 5 hour non-resident $2950.00 8 hour resident $3000.00 8 hour non-resident $3400.00 12 hour resident $3300.00 12 hour non-resident $3700.00 16 hour resident $3600.00 16 hour non-resident $4000.00 20 hour resident $4000.00 20 hour non-resident $4400.00 Competitive Cheer Team Sept—April (based on comp schedule 5 hour resident $2000.00 5 hour non-resident $2400.00 Privates Single $60 ---- Semi-Private $40/athlete 24 Docusign Envelope ID:BBFD6379-C9D3-4D8F-BD8E-A42498F041A2 Contract No.24-107-01 EXHIBIT C MARKETING AND COMMUNICATIONS PLAN The Social Media Scene in addition to word of mouth and participant referrals is the chunk of our Marketing. Because all of our classes are sold out with a waitlist, we have not had to have a super strong Marketing plan, as we cannot market classes that are waitlisted. However, what got us to this point was: Social Media Platforms Miami Beach Gymnastics currently has its own IG page in which program updates, competition results, and numerous photos are posted. Whether it just be a photo of gymnasts in matching outfits, or a gymnast achieving a new skill, or a birthday celebration, we use this platform to express the love our participants have for gymnastics in addition to important updates such as closure due to a hurricane, or team tryout dates. Email Communication: All pertinent information regarding session registration dates, class demonstrations, shows, deadlines for fees or competitions, holiday schedules, etc., are sent to our numerous email lists. For example, our Competitive Team has their own email lists in which sometimes weekly emails are sent out with updates and reminders. Email is the quickest most efficient way to get important and urgent information out to a large number of people at one. Word of Mouth Our relationships with our current"gym families" is very special. Some of these gymnasts have been with us since they were 2 years old. We are there for their bar/bat mitzvahs and communions, their acceptance into Middle School, their High School graduation and really have become family. It is their positive communication about Miami Beach Gymnastics within the community that has allowed us to stay on top and sell out every season. Local Businesses and Schools We have a presence at multiple school events such a fun fairs and field days. In addition, surrounding schools and local business advertise our programming within their newsletters and platforms. Website and Search Engines Because we are currently the MBJCC umbrella we have not been able to crate and utilize a separate site. However, if Miami Beach Gymnastics is awarded the bid we will create our own site and assure it has a presence online and within the multiple search engines. Walking Billboards Miami Beach Gymnastics Swag is being worn around time and has become a great Marketing Tool. Team Backpacks are being used daily in school in place of their school backpack, the various t-shirt shirt and hoodie designs are being work to parties, school events, outings and photos are being posted all over with gymnasts sporting their MBG swag. It is incredible how much one little t-shirt can do for you within the community. 25 Docusign Envelope ID:BBFD6379-C9D3-4D8F-BD8E-A42498F041A2 Contract No.24-107-01 EXHIBIT D JOB DESCRIPTIONS Team Gymnastics Coach Job Position Summary: Miami Beach Gymnastics is looking for a passionate, energetic, competitive, and dedicated team coach to build & strengthen our Women's Competitive Gymnastics team. The ideal candidates will have experience with coaching both Compulsory and Optional teams. Minimum Qualifications: • Must have experience coaching competitive gymnastics. • Must be willing to work weekday afternoons and early evening hours and weekends when needed. • Must be willing to travel to meets as necessary with the gymnasts. • Must be responsible, punctual, and reliable and be a team player. Primary Responsibilities: • Participate in the daily coaching of the Women's DP Compulsory&Optional teams. • Train athletes in preparation for competitions • Provide a safe and fun work environment where gymnasts can reach their full potential. Recreational Gymnastics Coach Job Position Summary: Miami Beach Gymnastics is looking for a passionate, energetic, and dedicated team player to coach gymnastics at our pre-school and recreational levels. Minimum Qualifications: • Must have experience coaching gymnastics or was previously a competitive gymnast. • Must be responsible, punctual, and reliable and be a team player. • Must enjoy working with children. Primary Responsibilities: • Teach Students how to safely execute beginner, intermediate and/or advanced gymnastics skills. • Lead and supervise classes with boys and girls of different age groups and skill level. • Lead warm up on a rotating basis; assist in the warm up when another coach is leading. • Provide a safe and fun work environment where gymnasts can reach their full potential. 26 Docusign Envelope ID BBFD6379-C9D3-4D8F-BD8E-A42498F041A2 Contract No.24-107-0I EXHIBIT E CITY'S CUSTOMER SERVICE STANDARDS MIAMI B EAC H SERVICEEXCELLENCE Serving our public with dignity and respeck,our customers have a right to erect..." TELEPHONE •Telephone,will be covered atoll cuuomercontoct points during normal business hours answering within the third ring, •Phone messages received will be responded to(if requested)in o timely manner,two business days,even if jot to (MI ockrsowtedge receipt.An estimate of time to resolve the problem will be given if applicable. •Coils coming from external sources will be answered with a consistent wooing such os`Good morning,City of Miami Beach,John Smith,many 1 help your •Employe will lake responsibility foe providing a solution and/or options to the customer's request. •Request permission from the eviler before transferring a coil.Provide rho caller with the come and number of the person being transferred to,and stay on the Tina to announce the caller to the person receiving the transfer.If the transfer cannot be accomplished(busy,no answer or the person is utwvoilable),the employee wilt reconnect with the caller and ask if:,.. they went to leave a message. •Voice mail messages will include employee's full name,working hours,and on optional phone number for customer.lc call.When employee is away from the office for on extended period of time,the voice mail message will communicate such absence and offer on option for the color. •Thank the customer for caging and ask if further assistance is needed prior to conducting the coil. WRITTEN •Correspondence start with a greeting. CORRESPONDENCE •F.rnoil signatures will include the none,title,deportment,division,end contact number. •Activate the E-mail Ovt-of-0ffico Assistant when away from the office for on extended period of time. f •Acknowledge Ernoils and foxes the'req,Are a response within two business days. 41 •Respond to letters within 10 business days. •Correct spelling and grammar will be used,indudirg accurate name and address. •Provide complete,accurate,and precise informotion regarding their inquiries. •Fox cover shoats will be legible and include name,telephone number,and the name and fax number of the receiver. PERSONAL •Respond to customers in a earteous manner.The customer Is not always right,but always deserves to be treated with respell. CONTACT •Provide accurate and understardablo sokAions/optons b cvsmoma requests or direct tho customer to the appropriate person vvho may have kncvwledgn in the subject molter. r •Average or maximum wait time without on appointment should bo no longer than 30 minutes or scheduled for a ryb, '' mutually convenient time. •Counter will be staffed fixing business hewn. •Employees wil dross In ottiro that it professionol,tasteful,appropriate aid consistent with indviduoi depormwntel policies. MONITORING •Our customer service team will oversee all customer service standards. OUR PROGRESS •It we do not meet our standards,we will implement on action plan to improve our service. •We will listen and do all we con to resolve issues. ©O •For questions and/or concerns,coil 305.604.CtTY(2489). 27 Docusign Envelope ID:BBFD6379-C9D3-4D8F-BD8E-A42498F041A2 EXHIBIT F HUMAN TRAFFICKING AFFIDAVIT Certification of Compliance with Anti-Human Trafficking Laws In accordance with Section 787.06 (13), Florida Statutes, the undersigned, on behalf of the entity named below ("Entity"), hereby attests under penalty of perjury that the Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes, entitled "Human Trafficking". I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment. The undersigned is authorized to execute this affidavit on behalf of Entity. Ivl vm.\\ CtC\r1 C (Y,(\as-k. \ (S endor Signature) (Company Name) • (Print Name) (Address) State of T-lc r^►a County of rn 1 (\' 1 - Dade _ The foregoing instrument was acknowledged before me by means of I; sical presence or ❑ online notarization, this I'4 Zby P-C `c- ki+�� known to me to be the (person described herein. or who produced as identification, and who did/did not take an oath. NOTARY - Id: Q., (Sirature) MKHAEL MOWATT Notary Public•State of Florida (Print Name) i cornmfnsfon a HH 447322 ra n< My Comm ENatrona! on Sep 14,Assn I \2--`A\ 1 Bonded tfr llatwnal Hasa Assn. My commission expires: Docusign Envelope ID:BBFD6379-C9D3-4D8F-BD8E-A42498F041A2 RESOLUTION NO. 2024-33007 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2024-107-LB, FOR GYMNASTICS PROGRAM INSTRUCTIONAL SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER NEGOTIATIONS WITH MIAMI BEACH GYMNASTICS LLC, THE TOP-RANKED PROPOSER; AND, IF UNSUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH MIAMI BEACH GYMNASTICS LLC, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH ATLAS GYMNASTICS LLC, THE SECOND-RANKED PROPOSER; AND FURTHER, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS. WHEREAS, on January 31, 2024, the Mayor and City Commission authorized the issuance of Request for Qualifications (RFQ) No. RFQ 2024-107-LB for gymnastics program instructional services; and WHEREAS, Request for Qualifications No. 2024-107-LB (the "RFQ") was released on January 31, 2024; and WHEREAS, a voluntary pre-proposal meeting was held on February 15, 2024; and WHEREAS, on March 25, 2024, the City received two (2) proposals from Atlas Gymnastics LLC and Miami Beach Gymnastics LLC; and WHEREAS, February 20, 2024, the City Manager appointed an Evaluation Committee via LTC # 059-2024, consisting of the following individuals: Alan Alberta, Athletic Manager, Parks and Recreation Department; Jacqueline Comptis, Recreation Program Manager, Parks and Recreation Department; Shannon Koonin, Parks Board Member and Melody Perez, Contracts Compliance Administrator, Parks and Recreation Department; Fernando Pestana, Administrative Services Manager, Tourism and Cultural Development Department; and WHEREAS, the Evaluation Committee convened on April 5, 2024, to review and score the proposals; and WHEREAS, the Evaluation Committee received an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law, general information on the scope of services, and a copy of each proposal; and WHEREAS, the Evaluation Committee was instructed to score and rank each proposal under the evaluation criteria established in the RFQ; and WHEREAS, the Evaluation Committee process resulted in the ranking of proposers as follows: Miami Beach Gymnastics LLC, as the top-ranked proposer and Atlas Gymnastics LLC as the second-ranked proposer; and Docusign Envelope ID BBFD6379-C9D3-4D8F-BD8E-A42498F041 A2 WHEREAS, after reviewing all of the submissions and the Evaluation Committee's rankings and analysis, the City Manager, for the reasons set forth in the accompanying commission memorandum, recommends that the Mayor and City Commission authorize the Administration to enter negotiations with Miami Beach Gymnastics LLC the top-ranked proposer and, if unsuccessful in negotiating an agreement Miami Beach Gymnastics LLC, authorizing the Administration to negotiate with Atlas Gymnastics LLC, the second-ranked proposer for gymnastics instructional services, and further authorize the City Manager and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager and authorize negotiations pursuant to Request for Qualifications 2024-107-LB for gymnastics program instructional services with Miami Beach Gymnastics LLC the top-ranked proposer; and, if unsuccessful in negotiating an agreement Miami Reach Gymnastics I I C, authorize the Administration to negotiate with Atlas Gymnastics LLC, the second-ranked proposer for gymnastics instructional services; and further authorize the City Manager and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED this /5. ay of MG 2024. • Steven Meiner, Mayor ATTEST: MAY 2 1 2024 Rafael E. Granado, City Clerk t. `.INCORPCAATED 26 ''� „CN ' APPROVED AS TO FORM & LANGUAGE & FO XECUTION 4- e4.! 7 ' City Attorney Date Docusign Envelope ID:BBFD6379-C9D3-4D8F-BD8E-A42498F041A2 Item Coversheet ScQmp.e.SItIYe 13Id Resorts-C2 A MIAMI BEACH C•CMMISION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rickelle Williams,Interim City Manager DATE: May 15,2024 SUBJECT:A RESOLUTION OF THE MAYOR AND CI1Y COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2024-107-LB, FOR GYMNASTICS PROGRAM INSTRUCTIONAL SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER NEGOTIATIONS WITH MIAMI BEACH GYMNASTICS LLC, THE TOP-RANKED PROPOSER AND ?F UNSUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH MIAMI BEACH GYMNASTICS LLC, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH ATLAS GYMNASTICS LLC, THE SECOND-RANKED PROPOSER;AND FURTHER,AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS. RECOMMENDATION It is recommended that the Mayor and City Commission approve the Resolution accepting the City Manager's recommendation, pursuant to RFQ 2024-107-LB for gymnastics program instructional services, authorizing the Administration to enter negotiations with Miami Beach Gymnastics LLC,the top-ranked proposer for gymnastics instructional services. If unsuccessful in negotiating an agreement with Miami Beach Gymnastics LLC, authorize the Administration to negotiate with Atlas Gymnastics LLC, the second- ranked proposer.The Resolution also authorizes the City Manager and City Clerk to execute agreements upon the conclusion of successful negotiations. This solicitation is currently under the cone of silence. BACKgROS)N D./HJ$TORY 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 a variety of after-school and summer camp programs.One of the programs offered is gymnastics instruction. The gymnastics multipurpose room is approximately 5,000 square feet and is equipped with a spring exercise floor, tumble track, uneven bars,vault, mats,and balance beams.The gymnastics program has approximately 1,500 enrollees annually. On July 1,2019,the City of Miami Beach entered into an agreement with Gym Kidz, Inc., pursuant to RFQ 2019-047-WG,for the gymnastics instruction services. The initial term of the agreement was for a two (2) year term with three (3)additional one-year renewal options.The agreement with Gym Kidz, Inc.was set to expire on June 30,2024,but faced challenges during the COVID- 19 pandemic due to staffing shortages. Despite efforts to resolve the issues, including adjusting participant fees, the contract was terminated. The Parks and Recreation Department sought to reinstate the gymnastics program but could not secure budget enhancements to subsidize it without fee increases. The Parks and Recreation Department is currently aiming to reinstate a gymnastics program for the City of Miami Beach. Issuing a new solicitation affords the City the flexibility to negotiate the fee schedule with the successful proposer. ANAI,L5,1S On January 31, 2024, the Mayor and the City Commission authorized the issuance of Request for Qualifications(RFQ)No. RFC 2024-107-LB for gymnastics program instructional services. On January 31, 2024, the RFQ was issued.A voluntary pre-proposal conference was held to provide information to proposers submitting a response on Febniary 15, 2024. Three (3) addenda were issued, and 22 prospective bidders accessed the advertised solicitation. RFQ responses were due and received on March 25, 2024.The City received two(2)proposals from the following firms: • Atlas Gymnastics LLC • Miami Beach Gymnastics LLC On February 20, 2024, the City Manager appointed an Evaluation Committee via LTC # 059-2024 to consider the proposals received. The Committee was comprised of Alan Alberta, Athletic Manager, Parks and Recreation Department; Jacqueline Comptis, Recreation Program Manager, Parks and Recreation. Department; Shannon Koonin, Parks Board Member and Melody Perez, Contracts Compliance Administrator, Parks and Recreation Department; Fernando Pestana, Administrative Services 37 https://miamibeach.novusagenda.cem/AgendaWeb/CoverSheot.aspx?ltemID=35140 1/3 Docusign Envelope ID:BBFD6379-C9D3-4D8F-BD8E-A42498F041A2 Item Coversheet Manager, Tourism and Cultural Development Department. The Evaluation Committee convened on April 5, 2024, to consider the proposals received. The Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance, and the Government Sunshine Law, The Committee was also provided with general information on the scope of services and a copy of each proposal.The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the REQ. The evaluation process resulted in the ranking of proposers as indicated below and in Attachment A. 1st-Miami Beach Gymnastics LLC 2nd-Atlas Gymnastics LLC After reviewing the submissions and the Evaluation Committee's rankings and commentary, which resulted in Miami Beach Gymnastics LLC (Miami Beach Gymnastics) being ranked as best qualified for the required services, it is recommended that the Administration negotiate with Miami Beach Gymnastics. The committee highlighted Miami Beach Gymnastics' decade of experience coaching, established community presence in local fundraisers and events, integrated programming with existing City programs,and differential pricing for Miami Beach residents as part of public benefit options. Miami Beach Gymnastics has been in business since 2015. Miami Beach Gymnastics currently operates out of the Miami Beach Jewish Community Center(JCC)and offers recreational classes for all ages,a competitive program, birthday parties,team training camps, recreational camps,field trips,after-school/homework clubs, cheerleading, dance&technique classes, and performances. Miami Beach Gymnastics has grown from a competitive team of 2 compulsory levels and about 20 gymnastics to a team of 5 compulsory levels and 3 optional levels and about 60 gymnasts. Miami Beach Gymnastics has provided gymnastics services for the Miami Beach JCC and provides personal fitness services at the gym at the Fontainebleau Resort. The city received positive feedback from previous clients of Miami Beach Gymnastics. Atlas Gymnastics LLC was also deemed to be well qualified by the Evaluation Committee and should be considered if negotiations with Miami Beach Gymnastics are not successful.Atlas Gymnastics LLC (Atlas)was established in 2020 out of the necessity for individualized training and small group activities,eventually extending services to private schools and community centers.Coaches at Atlas Gymanstics LLC have coaching tenures of over ten years.Atlas has previously worked with the YMCA of South Florida, BaseCamp 305,and the City of Miami Beach.The city received positive feedback from previous clients of Atlas Gymnastics LLC. SUPPORTING SURVEY DATA Not Applicable. FINANCIAL INFORMATION The resulting agreement will be revenue-generating. The estimated revenue on the previous agreement for these services was $87,000.However,revenue will be established through negotiations. Amount(s)/Account(s): Not Applicable. CONCLUSION Based on the foregoing,the Administration recommends that the Mayor and City Commission of the City of Miami Beach approve the Resolution accepting the Interim City Manager's recommendation, pursuant to RR) 2024-107-LB for gymnastics program instructional services, authorizing the Administration to enter negotiations with Miami Beach Gymnastics LLC the top-ranked proposer and, if unsuccessful in negotiating an agreement Miami Beach Gymnastics LLC, authorizing the Administration to negotiate with Atlas Gymnastics LLC, the second-ranked proposer for gymnastics instructional services. The Resolution also authorizes the Interim City Manager and City Clerk to execute agreements upon the conclusion of successful negotiations. LOBBYIST DISCLOSURE In accordance with Resolution No.2023-32857,adopted by the City Commission on December 13, 2023,the following information has been provided by the Administration: 1. Was the Agenda Item initially requested by a lobbyist, which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying?No. 2. If so,specify name of lobbyist(s)and principal(s):Not applicable. APPikable.Ar. Not Applicable Is this a"Residents Right to Dges.his_Iernz ilize G,O. Know"item,_pursuant to Bond Funds? C.gy Code 5ection 2-14? No No Strategic Connection 38 https://miamibeach.novusagenda.com/AgendaWebJCoverSheet.aspx?ItemID-35140 2/3 Docusign Envelope ID:BBF06379-C9D3-4D8F-BD8E-A42498F041A2 Item Coversheet Non-Applicable Legislative Tracking Parks and Recreation/Procurement ATTACHMENTS: • Description D Attachment A D &Niglio • 39 https://miamlbeach.novusapenda.00m/AgendaWeb/CoverSheet.aspx?ltemID=35140 3/3 8 tiS Orme tr YW Simian I _ Yin YlrY lncOwBrw ,0tY ,11,tl1 ham lYnwrb h�unn lair i I0� .- 3 atrw i Pam+�ttrrr atiw.�o0.1016. iiwr ao01i100 0.1001.00, IMMO Ywlw ar01100 trw'� ate, orrw. efts t it J.. I „ L H 0 ti �2 rr t 6 y t M e M t 1 }j `` j0 i ++ ico ywokil<ft0V MY 1 !? 0 1 N t 14 0 IA 1 �i 0 1? t T 0 r 10 li1 M i T M 1t T t 0.40619v.0 66602 two InNw I afn1,Y.O I 7, rn OA O ATTACHMENT A RESOLUTION &COMMISSION AWARD MEMO RESOLUTION NO. 2024-33007 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2024-107-LB, FOR GYMNASTICS PROGRAM INSTRUCTIONAL SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER NEGOTIATIONS WITH MIAMI BEACH GYMNASTICS LLC, THE TOP-RANKED PROPOSER; AND, IF UNSUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH MIAMI BEACH GYMNASTICS LLC, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH ATLAS GYMNASTICS LLC, THE SECOND-RANKED PROPOSER; AND FURTHER, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS. WHEREAS, on January 31, 2024, the Mayor and City Commission authorized the issuance of Request for Qualifications (RFQ) No. RFQ 2024-107-LB for gymnastics program instructional services; and WHEREAS, Request for Qualifications No. 2024-107-LB (the "RFQ") was released on January 31, 2024; and WHEREAS, a voluntary pre-proposal meeting was held on February 15, 2024; and WHEREAS, on March 25, 2024, the City received two (2) proposals from Atlas Gymnastics LLC and Miami Beach Gymnastics LLC; and WHEREAS, February 20, 2024, the City Manager appointed an Evaluation Committee via LTC # 059-2024, consisting of the following individuals: Alan Alberta, Athletic Manager, Parks and Recreation Department; Jacqueline Comptis, Recreation Program Manager, Parks and Recreation Department; Shannon Koonin, Parks Board Member and Melody Perez, Contracts Compliance Administrator, Parks and Recreation Department; Fernando Pestana, Administrative Services Manager, Tourism and Cultural Development Department; and WHEREAS, the Evaluation Committee convened on April 5, 2024, to review and score the proposals; and WHEREAS, the Evaluation Committee received an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law, general information on the scope of services, and a copy of each proposal; and WHEREAS, the Evaluation Committee was instructed to score and rank each proposal under the evaluation criteria established in the RFQ; and WHEREAS, the Evaluation Committee process resulted in the ranking of proposers as follows: Miami Beach Gymnastics LLC, as the top-ranked proposer and Atlas Gymnastics LLC as the second-ranked proposer; and WHEREAS, after reviewing all of the submissions and the Evaluation Committee's rankings and analysis, the City Manager, for the reasons set forth in the accompanying commission memorandum, recommends that the Mayor and City Commission authorize the Administration to enter negotiations with Miami Beach Gymnastics LLC the top-ranked proposer and, if unsuccessful in negotiating an agreement Miami Beach Gymnastics LLC, authorizing the Administration to negotiate with Atlas Gymnastics LLC, the second-ranked proposer for gymnastics instructional services, and further authorize the City Manager and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager and authorize negotiations pursuant to Request for Qualifications 2024-107-LB for gymnastics program instructional services with Miami Beach Gymnastics LLC the top-ranked proposer; and, if unsuccessful in negotiating an agreement Miami Beach Gymnastics LLC, authorize the Administration to negotiate with Atlas Gymnastics LLC, the second-ranked proposer for gymnastics instructional services; and further authorize the City Manager and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED this � ay of ma 2024. • Steven Meiner, Mayor ATTEST: MAY 2 1 2024 Rafael E. Granado, City Clerk IHCOAP ORATEO' APPROVED AS TO FORM & LANGUAGE & FO XECUTION 4-I 214 7492¢ City Attorney cif Date 5/9/24,8:57 AM Item Coversheet Competitive Bid Reports-C2 A MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rickelle Williams, Interim City Manager DATE: May 15,2024 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2024-107-LB, FOR GYMNASTICS PROGRAM INSTRUCTIONAL SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER NEGOTIATIONS WITH MIAMI BEACH GYMNASTICS LLC, THE TOP-RANKED PROPOSER AND, IF UNSUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH MIAMI BEACH GYMNASTICS LLC, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH ATLAS GYMNASTICS LLC, THE SECOND-RANKED PROPOSER;AND FURTHER,AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS. RECOMMENDATION It is recommended that the Mayor and City Commission approve the Resolution accepting the City Manager's recommendation, pursuant to RFQ 2024-107-LB for gymnastics program instructional services, authorizing the Administration to enter negotiations with Miami Beach Gymnastics LLC,the top-ranked proposer for gymnastics instructional services. If unsuccessful in negotiating an agreement with Miami Beach Gymnastics LLC, authorize the Administration to negotiate with Atlas Gymnastics LLC, the second- ranked proposer. The Resolution also authorizes the City Manager and City Clerk to execute agreements upon the conclusion of successful negotiations. This solicitation is currently under the cone of silence. BACKGROUND/HISTORY 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 a variety of after-school and summer camp programs. One of the programs offered is gymnastics instruction. The gymnastics multipurpose room is approximately 5,000 square feet and is equipped with a spring exercise floor, tumble track, uneven bars,vault,mats,and balance beams.The gymnastics program has approximately 1,500 enrollees annually. On July 1, 2019, the City of Miami Beach entered into an agreement with Gym Kidz, Inc., pursuant to RFQ 2019-047-WG, for the gymnastics instruction services. The initial term of the agreement was for a two (2) year term with three (3) additional one-year renewal options.The agreement with Gym Kidz, Inc.was set to expire on June 30, 2024, but faced challenges during the COVID- 19 pandemic due to staffing shortages. Despite efforts to resolve the issues, including adjusting participant fees, the contract was terminated. The Parks and Recreation Department sought to reinstate the gymnastics program but could not secure budget enhancements to subsidize it without fee increases. The Parks and Recreation Department is currently aiming to reinstate a gymnastics program for the City of Miami Beach. Issuing a new solicitation affords the City the flexibility to negotiate the fee schedule with the successful proposer. ANALYSIS On January 31, 2024, the Mayor and the City Commission authorized the issuance of Request for Qualifications (RFQ) No. RFQ 2024-107-LB for gymnastics program instructional services. On January 31, 2024, the RFQ was issued.A voluntary pre-proposal conference was held to provide information to proposers submitting a response on February 15, 2024. Three (3) addenda were issued, and 22 prospective bidders accessed the advertised solicitation. RFQ responses were due and received on March 25, 2024.The City received two(2)proposals from the following firms: Atlas Gymnastics LLC • Miami Beach Gymnastics LLC On February 20, 2024, the City Manager appointed an Evaluation Committee via LTC # 059-2024 to consider the proposals received. The Committee was comprised of Alan Alberta, Athletic Manager, Parks and Recreation Department; Jacqueline Comptis, Recreation Program Manager, Parks and Recreation Department; Shannon Koonin, Parks Board Member and Melody Perez, Contracts Compliance Administrator, Parks and Recreation Department; Fernando Pestana, Administrative Services 37 https://miamibeach.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=35140 1/3 5/9/24,8:57 AM Item Caversheet Manager, Tourism and Cultural Development Department. The Evaluation Committee convened on April 5, 2024, to consider the proposals received. The Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance, and the Government Sunshine Law. The Committee was also provided with general information on the scope of services and a copy of each proposal. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ. The evaluation process resulted in the ranking of proposers as indicated below and in Attachment A. 1st—Miami Beach Gymnastics LLC 2nd—Atlas Gymnastics LLC After reviewing the submissions and the Evaluation Committee's rankings and commentary, which resulted in Miami Beach Gymnastics LLC (Miami Beach Gymnastics) being ranked as best qualified for the required services, it is recommended that the Administration negotiate with Miami Beach Gymnastics. The committee highlighted Miami Beach Gymnastics' decade of experience coaching, established community presence in local fundraisers and events, integrated programming with existing City programs, and differential pricing for Miami Beach residents as part of public benefit options. Miami Beach Gymnastics has been in business since 2015. Miami Beach Gymnastics currently operates out of the Miami Beach Jewish Community Center(JCC)and offers recreational classes for all ages, a competitive program, birthday parties, team training camps, recreational camps, field trips, after-school/homework clubs, cheerleading, dance &technique classes, and performances. Miami Beach Gymnastics has grown from a competitive team of 2 compulsory levels and about 20 gymnastics to a team of 5 compulsory levels and 3 optional levels and about 60 gymnasts. Miami Beach Gymnastics has provided gymnastics services for the Miami Beach JCC and provides personal fitness services at the gym at the Fontainebleau Resort. The city received positive feedback from previous clients of Miami Beach Gymnastics. Atlas Gymnastics LLC was also deemed to be well qualified by the Evaluation Committee and should be considered if negotiations with Miami Beach Gymnastics are not successful. Atlas Gymnastics LLC (Atlas) was established in 2020 out of the necessity for individualized training and small group activities, eventually extending services to private schools and community centers. Coaches at Atlas Gymanstics LLC have coaching tenures of over ten years.Atlas has previously worked with the YMCA of South Florida, BaseCamp 305, and the City of Miami Beach.The city received positive feedback from previous clients of Atlas Gymnastics LLC. SUPPORTING SURVEY DATA Not Applicable. FINANCIAL INFORMATION The resulting agreement will be revenue-generating. The estimated revenue on the previous agreement for these services was $87,000. However, revenue will be established through negotiations. Amount(s)/Account(s): Not Applicable. CONCLUSION Based on the foregoing, the Administration recommends that the Mayor and City Commission of the City of Miami Beach approve the Resolution accepting the Interim City Manager's recommendation, pursuant to RFQ 2024-107-LB for gymnastics program instructional services, authorizing the Administration to enter negotiations with Miami Beach Gymnastics LLC the top-ranked proposer and, if unsuccessful in negotiating an agreement Miami Beach Gymnastics LLC, authorizing the Administration to negotiate with Atlas Gymnastics LLC, the second-ranked proposer for gymnastics instructional services. The Resolution also authorizes the Interim City Manager and City Clerk to execute agreements upon the conclusion of successful negotiations. LOBBYIST DISCLOSURE In accordance with Resolution No. 2023-32857,adopted by the City Commission on December 13, 2023,the following information has been provided by the Administration: 1. Was the Agenda Item initially requested by a lobbyist, which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying?No. 2. If so, specify name of lobbyist(s)and principal(s): Not applicable. Applicable Area Not Applicable is this a"Residents Rig it o Does this item utilize G,O, Know"item,_pursuant to Bond Funds? City Code Section 2-14? No No Strategic Connection 38 https:I/miamibeach.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=35140 213 5/9/24,8:57 AM Item Coversheet Non-Applicable Legislative Tracking Parks and Recreation/Procurement ATTACHMENTS: Description D Attachment A D Resolution 39 https://miamibeach.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=35140 3/3 .r.,eeane RFG 2024107-LB • ,. • 'u .0. 0 Gymnastic'Pmm 14 pr+ tMAYrle Jacaw line Comptta N W Shannon Koon NdyWeK. FemandoPu.n t W Instructional Services; •-: a a lets 4 QeeWIM Subtout • ..WNitaen CuaNQative eubtats] Quabta uve 1 Quanllutlna Subtotal OuWMtei- OIMIta11Ye Subtotal. CuaulaiM -QuaMitatM Menotr ASee GVmnaslica 91 0 91 2 87 D 02 2 99 I_ 0 _ 09 M 0 84 1 70 D 75 2`, B 2 Miami Roach GYmnaoIia 92 0 92 1 64 0 BE 1 87 0 B7 7 77 D 77 2 85 0 t15 1 7 1 Quantitative Pointe . Veteran's TOW utopour t Po . ' CuentealM 1. Y Vadmfl Mat Gymnaebm e Miami Beach GYmanelice e a T 0 ATTACHMENT B ADDENDUM AND RFQ SOLICITATION M I A M I B E AC H PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach, Florida 33139 www.miamibeachfl.gov ADDENDUM NO. 3 REQUEST FOR QUALIFICATIONS NO.2024-107-LB FOR GYMNASTICS PROGRAM INSTRUCTIONAL SERVICES March 18,2024 This Addendum to the above-referenced RFQ is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFQ is amended in the following particulars only (deletions are shown by strikethrough, and additions are underlined). I. RESPONSES TO QUESTIONS RECEIVED: Q1: Can I use the physical location of the facility for insurance purposes? Al: Yes. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov Contact: Telephone: Email: Livia Barcelos 305-673-7000 ext. 7490 LiviaBarcelos@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Sincerely, 61 Kristy Bada Procurement Contracting Manager ADDENDUM NO.3 REQUEST FOR QUALIFICATIONS NO.2024-107-LB FOR GYMNASTICS PROGRAM INSTRUCTIONAL SERVICES M I A M I BEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach, Florida 33139 www.miamibeachfl.gov ADDENDUM NO. 2 REQUEST FOR QUALIFICATIONS NO.2024-107-LB FOR GYMNASTICS PROGRAM INSTRUCTIONAL SERVICES March 13,2024 This Addendum to the above-referenced RFQ is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFQ is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). I. REVISION: RFQ DUE DATE AND TIME. The deadline for the electronic receipt of bids is extended until 3:00 p.m., on Monday, March 28, 2024. All bids received and time stamped through Periscope S2G, prior to the bid submittal deadline shall be accepted as timely submitted. Bids will be opened promptly at the time and date specified. Hard copy bids or bids received electronically,either through email or facsimile, submitted prior to or after the deadline for receipt of bids are not acceptable and will be rejected. Late bids cannot be submitted, bidders are cautioned to plan sufficiently. The City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. II. RESPONSES TO QUESTIONS RECEIVED: Q1: A) Do I need to provide only my employees/contractors that I currently have working for me, or do I need to have everyone current and in the future for this project provided at the time of bidding? B) Am I allowed to hire new employees/contractors during the season while the program is running? Al: A) Bidders shall provide current employees/subcontractors at the time of bidding. Any employee/subcontractor added after award, would have to be submitted and approved by the City Manager or designee. B)Yes,any employee/subcontractor added during the contract period will have to be submitted and approved by the City Manager or designee. Q2: Appendix A 4.5- Is there a specific report to provide or the proposer can draft up their own operation/ maintenance of the gymnastics facility? A2: Section 4.5 of Appendix A does not request a report as a deliverable; rather, it states that the bidder shall report to the Parks and Recreation Director or designee during the contract term. Q3: Appendix A 4.7-Would I be able to add classes throughout the year? A3: The purpose of the RFQ is to select the best-qualified (as determined by the City) firm for the project. Responses pursuant to the RFQ are not to include scope. Rather, as required per the RFQ, proposers are to submit their qualifications as indicated in Section 0300. After selection, the City and the selected firm will negotiate scope, terms, and cost. ADDENDUM NO.2 REQUEST FOR QUALIFICATIONS NO.2024-107-LB FOR GYMNASTICS PROGRAM INSTRUCTIONAL SERVICES M I A M I BEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach, Florida 33139 www.miamibeachfl.gov Q4: Appendix A 4.12-Would I be able to hire a cleaning company, and if so,what would be required from them so that they can provide the cleaning service in the facility, or would this have to be in-house upkeep with one of the staff? A4: The purpose of the RFQ is to select the best-qualified (as determined by the City) firm for the project. Responses pursuant to the RFQ are not to include scope. Rather, as required per the RFQ, proposers are to submit their qualifications as indicated in Section 0300. After selection, the City and the selected firm will negotiate scope, terms, and financial considerations. Q5: Appendix A 4.26-A) What kind of IDs specifically are required? B)Is this something that I would need to provide? A6: A) Identification that states the employee's name and picture and identifies individuals as an employee of the contractor as indicated in section 4.26. B)Yes. Q7: Appendix A 4.33- Does the current facility already have the AED and safety products? A7: The Scott Rakow Youth Center has an AED in the front of the building and at the pool. Q8: Appendix A 4.49 & 4.50- Does the ticket, uniform, registration and competition fees go directly to the proposer or does that go towards the gross income where the % comes out from? A8: The purpose of the RFQ is to select the best-qualified (as determined by the City) firm for the project. Responses pursuant to the RFQ are not to include scope. Rather, as required per the RFQ, proposers are to submit their qualifications as indicated in Section 0300. After selection, the City and the selected firm will negotiate scope, terms, and financial considerations. Q9: Can I accept check and cash for services or only through my online system? A9: Payment for services shall be processed through the online system. Q10: Will I be allowed to charge the credit card processing fee to the customers? A10: Yes. Q11:Would I,as the proposer, be allowed to have regular classes during the summertime along with a summer program?They would be on a different schedule. All: The purpose of the RFQ is to select the best-qualified (as determined by the City) firm for the project. Responses pursuant to the RFQ are not to include scope. Rather, as required per the RFQ, proposers are to submit their qualifications as indicated in Section 0300. After selection, the City and the selected firm will negotiate scope, terms, and cost. 2 I ADDENDUM NO.2 REQUEST FOR QUALIFICATIONS NO.2024-107-LB FOR GYMNASTICS PROGRAM INSTRUCTIONAL SERVICES M I A M I B E AC I-I PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3'd Floor Miami Beach, Florida 33139 www.miamibeachfl.gov Q12: Is it possible to arrange a service where my employees pick up children from the after-school program at Scott Rakow Center for classes scheduled from 4-6 PM and, if needed, drop them back to the after-school program afterward? Al2: The purpose of the RFQ is to select the best-qualified (as determined by the City) firm for the project. Responses pursuant to the RFQ are not to include scope. Rather, as required per the RFQ, proposers are to submit their qualifications as indicated in Section 0300. After selection,the City and the selected firm will negotiate scope,terms, and cost. Q13: Can the billing rates be changed? A13: The purpose of the RFQ is to select the best-qualified (as determined by the City)firm for the project. Responses pursuant to the RFQ are not to include scope. Rather, as required per the RFQ, proposers are to submit their qualifications as indicated in Section 0300. After selection, the City and the selected firm will negotiate scope, terms, and cost. Q14: Are those hours a week for competitive set as our Level 1 gymnasts train 5 hours a week, but our Level 5-8 gymnasts train 17-20 hours a week? A14: The purpose of the RFQ is to select the best-qualified (as determined by the City)firm for the project. Responses pursuant to the RFQ are not to include scope. Rather, as required per the RFQ, proposers are to submit their qualifications as indicated in Section 0300. After selection, the City and the selected firm will negotiate scope, terms, and cost. Q15: During teacher planning days, are classes allowed to be conducted? Can classes, a camp, or both be held during Thanksgiving Day, winter, and spring breaks? A15: The purpose of the RFQ is to select the best-qualified (as determined by the City)firm for the project. Responses pursuant to the RFQ are not to include scope. Rather, as required per the RFQ, proposers are to submit their qualifications as indicated in Section 0300. After selection, the City and the selected firm will negotiate scope,terms, and cost. Q16: Is it necessary to charge clients for the service per session, per semester, or can it also be charged monthly? A16: The purpose of the RFQ is to select the best-qualified (as determined by the City) firm for the project. Responses pursuant to the RFQ are not to include scope. Rather, as required per the RFQ, proposers are to submit their qualifications as indicated in Section 0300. After selection, the City and the selected firm will negotiate scope, terms, and cost. Q17: Is adding coaches and programs and modifying schedules throughout the year possible? A17: The purpose of the RFQ is to select the best-qualified (as determined by the City)firm for the project. Responses pursuant to the RFQ are not to include scope. Rather, as required per 3 ADDENDUM NO.2 ` REQUEST FOR QUALIFICATIONS NO.2024-107-LB FOR GYMNASTICS PROGRAM INSTRUCTIONAL SERVICES M I A M I BEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3'd Floor Miami Beach,Florida 33139 www.miarribeachfl.gov the RFQ, proposers are to submit their qualifications as indicated in Section 0300. After selection, the City and the selected firm will negotiate scope,terms, and cost. Q18: Should the gymnastics service also be at least 20 hours a week during the summer break? A18: The purpose of the RFQ is to select the best-qualified (as determined by the City)firm for the project. Responses pursuant to the RFQ are not to include scope. Rather, as required per the RFQ, proposers are to submit their qualifications as indicated in Section 0300. After selection,the City and the selected firm will negotiate scope, terms, and cost. Q19: Please explain how the process would work if I needed to hire companies to provide special services such as decoration, entertainment, cleaning, and other related services for special events. Will they need to go through a background check through the city? How will this process work for them? For example, for a birthday party, if the client invites a company for decoration and a company for entertaining the children A19: Outside vendors would be required to provide certificates of insurance and depending on the frequency with which they would be in the space providing services (example, weekly) background screenings may be required. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov Contact: Telephone: Email: Livia Barcelos 305-673-7000 ext. 7490 LiviaBarcelos@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Sincerely, Kristy Bada Procurement Contracting Manager I 4 ADDENDUM NO.2 REQUEST FOR QUALIFICATIONS NO.2024-107-LB FOR GYMNASTICS PROGRAM INSTRUCTIONAL SERVICES M I A M I BEi\ I-I PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach, Florida 33139 www.miamibeachfl.gov ADDENDUM NO. 1 REQUEST FOR QUALIFICATIONS NO.2024-107-LB FOR GYMNASTICS PROGRAM INSTRUCTIONAL SERVICES February 21,2024 This Addendum to the above-referenced RFQ is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFQ is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). I. REVISION 1: SITE VISIT A voluntary site visit is scheduled for February 28,2023, at 9:00 am,at the following location. Attendance is not mandatory. 2700 Sheridan Avenue Miami Beach, FL 33140 II. RESPONSES TO QUESTIONS RECEIVED: Q1: Can you provide us with the current website address for the gym that is currently residing in that space? Al: The web address for the Scott Rakow Youth Center is Scott Rakow Youth Center - City of Miami Beach (miamibeachfl.qov). Q2: Is this facility full of equipment with apparatus, or will it be a location that requires you to set up portable equipment daily? A2: Please see Section 0100, Subsection 3. Purpose. Q3: Would it be possible to schedule a visit to see the equipment and layout of the facility? A3: Please see Revision 1 above. RESPONSES TO ADDITIONAL QUESTIONS RECEIVED WILL BE ADDRESSED IN A SUBSEQUENT ADDENDUM. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below,with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov Contact: Telephone: Email: Livia Barcelos 305-673-7000 ext. 7490 LiviaBarcelos@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Sincerely, Kris Bada Procurement Contracting Manager 1 I ADDENDUM NO.1 REQUEST FOR QUALIFICATIONS NO.2024-107-LB FOR GYMNASTICS PROGRAM INSTRUCTIONAL SERVICES MIAMI BEACH Request for Qualifications (RFQ) 2024-107-LB Gymnastics Program Instructional Services TABLE OF CONTENTS SOLICITATION SECTIONS: 0100 INSTRUCTIONS TO RESPONDENTS 0200 GENERAL CONDITIONS 0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT 0400 PROPOSAL EVALUATION APPENDICES: APPENDIX A MINIMUM REQUIREMENTS, SPECIFICATIONS & SPECIAL CONDITIONS APPENDIX B INSURANCE REQUIREMENTS APPENDIX C GYMNASTICS CONTRACT PURSUANT TO RFQ 2019-047-WG MIAMI BEACH SECTION 0100 INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS 1. GENERAL. This Request for Qualifications (RFQ) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit proposals for the City's consideration in evaluating qualifications to select a firm with whom it may negotiate an agreement for the purpose noted herein. The City utilizes Periscope S2G (formerly known as BidSync) (www.periscopeholdinqs.com or www.bidsync.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFQ. Any prospective Proposer who has received this RFQ by any means other than through Periscope S2G must register immediately with Periscope S2G to ensure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of proposal submitted. 2. BACKGROUND On July 1, 2019, the City of Miami Beach entered into an agreement with Gym Kidz, Inc., pursuant to RFQ 2019-047- WG, for the gymnastics instruction services. The initial term of the agreement was for a two (2) year term with three (3) additional one-year renewal options. Due to staffing issues, Gym Kidz, Inc. could not continue to provide the services as outlined in the agreement and opted not to renew for an additional year. Before issuing a replacement bid, the Parks and Recreation Department conducted market research to evaluate the need to increase rates to support gymnastics instruction professionals to mitigate staffing challenges and proposed raising participant fees. At the direction of the Finance and Economic Resiliency Committee,on July 21, 2023 the Parks and Recreation Department requested an enhancement to the fiscal year 2024 budget to add funds to their operating budget to subsidize the gymnastics program to avoid fee increases necessary to effectively recruit instructors to resume programming. The enhancement was not approved and at this time, the Parks and Recreation Department wishes to reestablish a gymnastics program for the City of Miami Beach. 3. PURPOSE The City of Miami Beach is seeking proposals from qualified providers of gymnastic program instruction services, in accordance with the terms, conditions, and specifications contained herein. The Parks and Recreation Department offers gymnastics instruction as part of its year-round curriculum of classes at the Scott Rakow Youth Center. 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, and athletic leagues and offers classes in swimming, ice skating, dance, exercise, gymnastics, and much more. The gymnastics multipurpose room is approximately 5,000 square feet and is equipped with a spring exercise floor, tumble track, uneven bars, vault, mats, and balance beams. The gymnastics program has approximately 1,491 enrollees annually. 3.1.Interested Parties. Interested parties are invited to submit proposals (qualifications,approach and public benefit) in accordance with Section 0300. All proposals will be evaluated in accordance with the qualitative criteria found in Section 0400. Financial considerations will be negotiated with the awarded firm(s). For award and negotiation process, see Section 0100, Sub-sections 12 and 13. The previous contract for these services pursuant to RFQ 2019-047-WG is attached as Appendix C. It is anticipated that the terms and conditions of any resulting agreement as a result of this RFQ shall contain similar terms and conditions. Notwithstanding, the City reserves the right to amend, add, or delete any term or condition prior to execution. MIAMI BEACH 5.ANTICIPATED RFQ TIMETABLE.The tentative schedule for this solicitation is as follows: RFQ Issued January 31, 2024 Pre-Proposal Meeting February 15, 2024, at 10:00 am ET Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 248 381 712 586 Passcode: ryDAtt Or call in (audio only) 786-636-1480„328647601# United States, Miami Phone Conference ID: 328 647 601# Deadline for Receipt of Questions March 6, 2024, at 5:00 pm ET Responses Due March 15, 2024, at 3:00 pm ET Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 263 695 595 854 Passcode: QLv33x Or call in (audio only) 1 786-636-1480„769228180# United States, Miami Phone Conference ID: 769 228 180# Evaluation Committee Review TBD Tentative Commission Approval TBD Contract Negotiations Following Commission Approval 6. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact' Telephone: Email. Livia Barcelos 305-673-7490 liviabarcelos• miamibeachfl.•ov 'dditionally, the City Clerk is to be copied on all communications via e-mail at: RafaelGranado amiamibeachfl. ov: or via facsimile at 786-394-4188. The Proposal title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0100-5. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. 7. PRE-PROPOSAL MEETING OR SITE VISIT(S). A pre-proposal meeting or site visit(s) may be scheduled. Attendance for the pre-proposal meeting shall be via web conference and recommended as a source of information but is not mandatory. Proposers interested in participating in the Pre-Proposal Meeting must follow these steps: MIAMI BEACH Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 248 381 712 586 Passcode: ryDAtt Or call in (audio only) +1 786-636-1480„328647601# United States, Miami Phone Conference ID: 328 647 601# Proposers who are participating should send an e-mail to the contact person listed in this RFQ expressing their intent to participate. 8. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective Proposers are not binding on the City and will be without legal effect, including any information received at pre- submittal meeting or site visit(s). The City by means of Addenda will issue interpretations or written addenda clarifications considered necessary by the City in response to questions. Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation.Addendum will be released through Periscope S2G. Any prospective proposer who has received this RFQ by any means other than through Periscope S2G must register immediately with Periscope S2G to assure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of proposal. Written questions should be received no later than the date outlined in the Anticipated RFQ Timetable section. 9. CONE OF SILENCE. This RFQ 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 response voidable, in the event of such non-compliance. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado©miamibeachfl.gov 10. ADDITIONAL INFORMATION OR CLARIFICATION. After proposal submittal, the City reserves the right to require additional information from Proposers (or Proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation history, regulatory action, or additional references); and financial capability (including, but not limited to, annual reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years). 11. PROPOSER'S RESPONSIBILITY. Before submitting a response, 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 on the part of the Proposer. 12. DETERMINATION OF AWARD.The City Manager may appoint an evaluation committee to assist in the evaluation of proposals received. The evaluation committee is advisory only to the city manager. The city manager may consider the information provided by the evaluation committee process and/or may utilize other information deemed relevant. The City Manager's recommendation need not be consistent with the information provided by the evaluation committee process and takes into consideration Miami Beach City Code Section 2-369, including the following considerations: (1) The ability, capacity and skill of the Proposer to perform the contract. (2)Whether the Proposer can perform the contract within the time specified, without delay or interference. MIAMI BEACH (3) The character, integrity, reputation,judgment, experience and efficiency of the Proposer. (4) The quality of performance of previous contracts. (5) The previous and existing compliance by the Proposer with laws and ordinances relating to the contract. The City Manager may recommend to the City Commission the Proposer(s) s/he deems to be in the best interest of the City or may recommend rejection of all proposals. The City Commission shall consider the City Manager's recommendation and may approve such 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. 13. NEGOTIATIONS. Following selection,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 no property, contract or legal rights of any kind shall be created at any time until and unless an Agreement has been agreed to; approved by the City; and executed by the parties. 14. E-VERIFY. As a contractor you are obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility." Therefore, you shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 15. PERISCOPE S2G (FORMERLY BIDSYNC). The Procurement Department utilizes Periscope S2G, Supplier-to- Government electronic bidding (e-Bid) platform. If you would like to be notified of available competitive solicitations released by the City you must register and complete your vendor qualifications through Periscope S2G, Supplier-to- Government www.bidsync.com/Miami-Beach. Registration is easy and will only take a few minutes. For detailed instructions on how to register, complete vendor qualifications and submit electronic bids visit https://www.miamibeachfl.gov/city-hall/procurement/for-approval-how-to-become-a-vendor/. Should you have any questions regarding this system or registration, please visit the above link or contact Periscope S2G, Supplier-to-Government at support a(�bidsync.com or 800.990.9339, option 1, option 1. 16. HOW TO MANAGE OR CREATE A VENDOR PROFILE ON VENDOR SELF SERVICE (VSS). In addition to registering with Periscope S2G, the City encourages vendors to register with our online Vendor Self- Service web page, allowing City vendors to easily update contacts, attachments (W-9), and commodity information. The Vendor Self-Service(VSS)webpage(https://selfservice.miamibeachfl.gov/vssNendors/default.aspx)will also provide you with purchase orders and payment information. Should you have any questions and/or comments, do not hesitate to submit them to vendorsupportmiamibeachfl.qov. 17. SUPPLIER DIVERSITY. The City has established a registry of LGBT-owned businesses, as certified by the National LGBT Chamber of Commerce (NGLCC) and small and disadvantaged businesses, as certified by Miami- Dade County. See authorizing resolutions here. If your company is certified as an LGBT-owned business by NGLCC, or as a small or disadvantaged business by Miami-Dade County, click on the link below to be added to the City's supplier registry (Vendor Self-Service) and bid system (Periscope S2G, Supplier-to-Government).These are two different systems and it is important that you register for both. MIAMI BEACH Click to see acceptable certification and to register: https://www.miamibeachfl.gov/city-hall/procurement/how-to- become-a-vendor/. Balance of Page Intentionally Left Blank MIAMI BEACH SECTION 0200 GENERAL CONDITIONS FORMAL SOLICITATIONS TERMS & CONDITIONS - GOODS AND SERVICES. By virtue of submitting a proposal in response to this solicitation, proposer agrees to be bound by and in compliance with the Terms and Conditions for Services (dated 10.27.2022), incorporated herein, which may be found at the following link: https://www.miamibeachfl.gov/city-hallIprocurementJstandard-terms-and-c o ndit ions/ Balance of Page Intentionally Left Blank MIAMI BEACH SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. ELECTRONIC RESPONSES(ONLY). Proposals must be submitted electronically through Periscope S2G(formerly BidSync) on or before the date and time indicated. Hard copy proposals or proposals received through email or facsimile are not acceptable and will be rejected. A proposer may submit a modified proposal to replace all or any portion of a previously submitted proposal until the deadline for proposal submittals. The City will only consider the latest version of the bid. Electronic proposal submissions may require the uploading of attachments. All documents should be attached as separate files in accordance with the instructions included in Section 4, below. Attachments containing embedded documents or proprietary file extensions are prohibited. It is the Bidder's responsibility to assure that its bid, including all attachments, is uploaded successfully. Only proposal submittals received, and time stamped by Periscope S2G (formerly BidSync) prior to the proposal submittal deadline shall be accepted as timely submitted. Late bids cannot be submitted and will not be accepted. Bidders are cautioned to allow sufficient time for the submittal of bids and uploading of attachments. Any technical issues must be submitted to Periscope S2G (formerly BidSync) by contacting (800) 990-9339 (toll free) or S2G©periscopeholdings.com. The City cannot assist with technical issues regarding submittals and will in no way be responsible for delays caused by any technical or other issue. It is the sole responsibility of each Bidder to ensure its proposal is successfully submitted in BidSync prior to the deadline for proposal submittals. 2. NON-RESPONSIVENESS. Failure to submit the following requirements shall result in a determination of non- responsiveness. Non-responsive proposals will not be considered. 1. Bid Submittal Questionnaire (submitted electronically). 2. Failure to comply with the Minimum Eligibility Requirements (if applicable). 3. OMITTED OR ADDITIONAL INFORMATION. Failure to complete and submit the Bid Submittal Questionnaire (submitted electronically) with the bid and by the deadline for submittals shall render a proposal non- responsive. With the exception of the Bid Submittal Questionnaire(completed and submitted electronically),the City reserves the right to seek any omitted information/documentation or any additional information from 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. Failure to submit any omitted or additional information in accordance with the City's request shall result in proposal being deemed non-responsive. 4. ELECTRONIC 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 tabs,and sections as specified below.The electronic submittal should be tabbed as enumerated below and contain a table of contents with page references. The electronic proposal shall be submitted through the "Line Items"attachment tab in Periscope S2G. TAB 1 Cover Letter, Table of Contents, and Minimum Qualification Requirement 1.1 Cover Letter and Table of Contents. The table of contents should indicate the tabs, sections with tabs and page numbers to facilitate the evaluation committee's review. The cover letter must be signed by a principal or agent able to bind the firm. MIAMI BEACH 1.2 Minimum Qualification Requirement. Intentionally Omitted. TAB 2 Experience and Qualifications 2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history, relevant experience and proven track record of providing the scope of services similar as identified in this solicitation, including experience in providing similar scope of services to public sector agencies. For each project that the Proposer submits as evidence of similar experience,the following is required:project description,agency name, agency contact, contact telephone&email, and year(s) and term of engagement. 2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel and sub-consultants to be used for this project if awarded, the role that each team member will play in providing the services detailed herein, and each team member's qualifications, including membership or certification in the following areas: • USAG (U101)Safety and Risk Management Certification • USAG (U100) Fundamental Gymnastics Instruction Course Certification • USAG (U110) Safe Sport Course Certification • CPR/First Aid A resume of each individual, including education, experience, and any other pertinent information, shall be included for each Pro•osal team member to be assi•ned to this contract. TAB 3 Approach and Methodology Submit detailed information addressing how Proposer will achieve the statement of work outlined in Appendix A, including but not limited to the following considerations: • Schedule of Activities. Proposer should include 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. Programs should be suitable for various age groups and skill levels. Classes and programs should promote a positive and inclusive atmosphere, ensuring teamwork and individual growth. • Flexible Scheduling. Proposer should address make-up and cancellation policies. • Safety and Supervision. Proposer should address its plan to maximize safety and supervision at all times, including the monitoring of staff, participants, staff-to-student ratios, equipment and facilities. Proposer will provide for a clean, organized, and well-maintained facility. Proposer should follow all safety protocols and consistently check if the facility is well-maintained and is in good condition. Certified and experienced coaches must be utilized for program operations to ensure individual attention and proper supervision • Philosophy & Culture. Proposer should describe its coaching mission, vision and philosophy. The proposer should describe the program culture and its organizational values. • Competition Opportunities. Proposer should describe opportunities for competition and the program's training approach. • Communication Plan: Proposer should address how it plans to communicate program information to parents and the community, as well as informing parents on child's progress and development within the program. • Added Value Programming. 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 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 RFQ. MIAMI BEACH TAB 4 Public Benefit 4.1 Contribution to Educational Initiatives. The City maintains a 501(C)(3)that is used to support the educational initiatives of the Mayor and City Commission. Proposers may propose a financial contribution to the educational initiatives 501(C)(3). 4.2 Other Value-Added Public Benefits. Proposers may submit detailed information on how Proposer will include other value-added public benefits in the delivery of the proposed services, which may include but are not limited to scholarships, free trial options, and special rates for City of Miami Beach residents etc. Balance of Page Intentionally Left Blank SECTION 0400 PROPOSAL EVALUATION 1. EVALUATION COMMITTEE. An Evaluation Committee, appointed by the City Manager, may meet to evaluate each Proposal in accordance with the qualitative criteria set forth below. In doing so, the Evaluation Committee may review and score all proposals received, with or without requiring presentations. It is important to note that the Evaluation Committee is advisory only and does not make an award recommendation to the City Manager or the City Commission. The City Manager will utilize the results to take one of the following actions: a. In the event that only one responsive proposal is received, the City Manager, after determination that the sole responsive proposal materially meets the requirements of the RFQ, may, without an evaluation committee, recommend to the City Commission that the Administration enter into negotiations; or b. The City Manager may recommend that the City Commission authorize negotiations or award a contract to one or more firms in accordance with Section 0100, Sub-section 12; or c. The City Manager may Recommend that the City Commission short-list one or more firms for further consideration by the Evaluation Committee; or d. The City Manager may recommend to the City Commission that all firms, if more than one (1) responsive submittal is received. be rejected. 2. PRESENTATIONS BY SHORT-LISTED FIRMS. If a short-listing of firms responding to this RFQ is approved, the short-listed firms may be required to make presentations to and be interviewed by the Evaluation Committee. In further considering the short-listed firms,the Evaluation Committee will utilize the criteria set forth in Sub-section 4 below. 3. TECHNICAL ADVISORS. The City, at its discretion, may utilize technical or other advisers to assist the evaluation committee or the City Manager in evaluating proposals. 4. EVALUATION CRITERIA. Responsive, responsible proposals will be evaluated in accordance with the following criteria: Qualitative Criteria (Points Assigned by Evaluation Committee) Maximum Points Experience & Qualifications (Tab 1) 65 Approach & Methodology (Tab 2) 30 Public Benefit 5 TOTAL AVAILABLE POINTS for Qualitative Criteria 100 Quantitative Criteria (Points Assigned by Procurement Department) Maximum Points Veteran's Preference Points 5 TOTAL AVAILABLE POINTS for Qualitative and 105 Quantitative 5. QUALITATIVE CRITERIA. The Evaluation Committee shall review responsive, responsible proposals and assign points for the qualitative factors only. The Evaluation Committee shall not consider quantitative factors (e.g. veteran's preference) in its review of proposals. The Evaluation Committee shall act solely in an advisory capacity to the City Manager. The results of the Evaluation Committee process do not constitute an award recommendation. The City Manager may utilize, but is not bound by, the results of the Evaluation Committee process, as well as consider any feedback or information provided by staff, consultants or any other third-party in developing an award recommendation in accordance with Section 0100, Sub-section 10. In its review of proposals received, the Evaluation Committee may review and score all proposals, with or without conducting interview sessions, in accordance with the evaluation criteria. 6. QUANTITATIVE CRITERIA. Following the results of the evaluation of the qualitative criteria by the Evaluation Committee, the Proposers may receive additional points, to be added by City staff. Veterans' Preference points will be assigned in accordance with Section 2-374 of the City Code. 7. DETERMINATION OF FINAL RANKING. The sum of the evaluation criteria points will be converted to rankings in accordance with the example below: Proposer A Proposer B Proposer C Qualitative Points 82 74 80 Committee Quantitative Points 10 5 0 Member 1 Total 92 79 80 Rank 1 3 2 Qualitative Points 82 85 72 Committee Quantitative Points 10 5 0 Member 2 Total 92 90 72 Rank 1 2 3 Qualitative Points 90 74 66 Committee Quantitative Points 10 5 0 Member 2 Total 100 79 66 Rank 1 2 3 Low Aggregate Score 3 7 8 Final Ranking* 1 2 3 It is important to note that the results of the proposal evaluation process in accordance with Section 0400 does not represent an award recommendation. The City Manager will utilize the results of the proposal evaluation process, and any other information he deems appropriate, to develop an award recommendation to the City Commission,which may differ from the results of the proposal evaluation process and final rankings. Balance of Page Intentionally Left Blank APPENDIX A M I AM I B E AC H Minimum Requirements , p Specifications & S ecial Conditions RFQ 2024- 107-LB Gymnastics Program Instructional Services PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Al. Minimum Eligibility Requirements. Intentionally Omitted. A2. Statement of Work. 4.1 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 designee. 4.2 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. 4.3 Additional programming opportunities are desired, to include: • Birthday party packages • Cheerleading instruction • Open gym • Holiday events and/or special events • Parent/toddler programs • Private Classes 4.4 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 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 RFQ. 4.5 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. 4.6 The Successful Proposer (or his/her designee)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 all additional times reasonably necessary for the performance of the job responsibilities specified in the RFQ and executed contract. 4.7 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. 4.8 The Successful Proposer(or his/her designee)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. 4.9 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. 4.10 The present Billing Rates are specified below.The City reserves the right to negotiate the fee schedule with the successful proposer. Gymnastics Program 10-week Present Rate Residents $181.18 Non-Residents $226.47 Registration Fee to Contractor $49.64 Birthday Parties $493.94(1-20)Res.$617.42(1-20)Non-Res, $559.83(21-25)Res$699.79(21-25)Non-Res $630.73(26-30)Res.$788.40(26-30)Non-Res Gymnastic Camps 9:00AM-5:00PM Residents(Weekly) $241.02 Non-Residents (Weekly) $301.27 Competitive Team 5 week 4 hour resident $296.07 4 hour sibling discount $266.46 4 hour non-resident $333.07 7.5 hour resident $402.75 7.5 hour sibling discount $362.47 7.5 non-resident $503.43 10 hour resident $415.08 10 hour sibling discount $373.57 10 hour non-resident $518.85 Privates (5 — 1 hour private classes) Resident $305.10 Non-Resident $457.65 4.11 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. 4.12 The Successful Proposer shall monitor (to include attendance and sign in/outs of all participants and), maintenance of equipment and daily janitorial upkeep to include but not limited to: vacuuming, sweeping, mopping, sanitizing mats, emptying trash, glass cleaning,etc. as well as supervising 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. 4.13 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. 4.14 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. 4.15 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. 4.16 Available Gymnastic Center Hours Monday 9:00 AM to 8:00 PM Tuesday 9:00 AM to 8:00 PM Wednesday 9:00 AM to 8:00 PM Thursday 9:00 AM to 8:00 PM Friday 9:00 AM to 8:00 PM Saturday Closed Sunday 9:30 AM to 5:00 PM 4.17 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 RFQ and the executed contract. Such personnel shall NOT be City employees. 4.18 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. 4.19 All of the services required by this RFQ shall be performed by the Successful Proposer and his/her personnel. 4.20 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. 4.21 The Successful Proposer's instruction personnel shall maintain membership and be certified in the following areas throughout the contract term: • USAG (U101)Safety and Risk Management Certification • USAG (U100) Fundamental Gymnastics Instruction Course Certification • USAG (U110) Safe Sport Course Certification • CPR/First Aid 4.22 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. 4.23 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. 4.24 The Successful Proposer, and employees of the Successful Proposer, shall comply with all applicable local, state and federal laws, rules, regulations and procedures. 4.25 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. 4.26 Identification. The Contractor(s) shall submit a list of employees with the required background checks as stated above and a photocopy of a valid picture I.D.to the Contract Manager prior to commencement of services hereunder. I.D. shall show company name, employee name and a photo of the employee and shall be in their possession at all times while performing services under this Contract. 4.27 Marketing Plan. The Successful Proposer shall establish and implement an advertising and marketing plan at its sole expense. All advertising and marketing materials, including but not limited to,flyers, articles, etc., must be pre-approved by the Parks and Recreation Director or his/her designee. 4.28 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. 4.29 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. 4.30 The Successful Proposer and its employees shall, at all times, be prompt in opening the Gymnastics Center for business at the scheduled time each day. 4.31 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. 4.32 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. 4.33 The Successful Proposer shall be responsible for maintaining CPR, First Aid and AED certifications for him/herself and all its employees. The Successful Proposer shall provide documentation, on a yearly basis, of current certifications of each staff member. 4.34 The Successful Proposer and employees of the Successful Proposer, in contact with the public, shall perform duties in an efficient and courteous manner. 4.35 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.\ 4.36 Equipment. 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 agrees to purchase any additional equipment and / or supplies that are not already located in the Multipurpose Room located at the Scott Rakow Youth Center. 4.37 The Successful Proposer shall replace or repair to the City's satisfaction any loss or damaged equipment at the Successful Proposers expense. 4.38 The Successful Proposer shall adhere at all times to all safety concerns regarding employees and visitors to the facility. 4.39 The Successful Proposer shall be responsible for preventative equipment maintenance inspections, and reporting and supervising daily maintenance of the gymnastics facility. Proposer shall complete routine equipment maintenance inspection reports and submit inspection reports to the City upon request. 4.40 The Successful Proposer, or his/her designee, shall initiate the scheduled preventative equipment maintenance requirements for upkeep and/or repair of the gymnastics facility equipment and shall provide to the City proof of such upon request. 4.41 The Successful Proposer, or his/her designee, shall report all instances of facility equipment natural deterioration and replacement needs to the City within a year of expected replacement. Equipment replacement and/or repair that poses an immediate danger must be addressed no later than 24 hours of noted deficiency. 4.42 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 RFQ. 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. 4.43 The Successful Proposer, as an independent contractor, is not entitled to any City employee fringe benefit such as vacation,sick leave, insurance, etc. 4.44 The Successful Proposer and/or its employees shall not conduct any business or activity not specifically authorized by this RFQ, 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. 4.45 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. 4.46 Percentage of Gross (PG). In consideration of the City executing an agreement and granting the rights provided in the agreement, the successful contractor shall guarantee and pay to the City an agreed upon Percentage of Gross Revenue. In the event that the City chooses to extend the term of the agreement past the original term or any renewal term(s), the PG may be increased in a manner to be negotiated between the City and successful contractor. 4.47 Program Registration and Payment. All attendees participating in an authorized program, activity or camp, as outlined in this RFQ, must be registered with and make payment to the Successful Proposer through the use of a registration software system acceptable to the City. 4.48 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 RFQ shall be paid directly to the successful Proposer. 4.49 Ticket sales for performances conducted in compliance with the requirements of this RFQ shall be paid directly to the Successful Proposer. 4.50 The costs of participant uniforms and applicable competition fees may be paid directly to the Successful Proposer. 4.51 Gross Revenue. 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 by the Successful Proposer. The Successful Proposer shall make remittance on a per session/semester basis. Payment will be made no later than ten (10) days from the end of the session/semester. Successful Proposer must submit a detailed financial report outlining the revenues and registrations collected for each session/semester for the corresponding payment due to the City. 4.52 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. A3. Special Conditions 1. Term of Contract. The term of the Agreement resulting from this RFQ shall be for an initial term of three (3) years. 2. Option to renew. The City, through its City Manager, will have the option to extend for one(1)two-year renewal term or two(2)one-year renewal terms at the City Manager's sole discretion. The successful contractor shall maintain, for the entirety of any renewal period, the same revenue share, terms, and conditions included within the originally awarded contract. Continuation of the contract beyond the initial period, and any option subsequently exercised, is a City prerogative and not a right of the successful contractor. 3. Cost Adjustments.On or about the anniversary of each contract year,the contractor may request, and the city manager may approve,a cost adjustment based on documented cost increases for the following contract year. Cost adjustments should be limited to changes in the applicable Bureau of Labor Statistics index for the local region or other verifiable evidence of price increases. The Contractor's adjustment request must substantiate the requested increase. The City of Miami Beach, through its city manager, reserves the right to approve a requested adjustment or may terminate the agreement and readvertise for bids for the goods or services. 4. Competitive Specifications. It is the goal of the City to maximize competition for the project among suppliers&contractors.Consultant shall endeavor to prepare all documents, plans & specifications that are in accordance with this goal. Under no condition shall Consultant include means & methods or product specifications that are considered "sole source"or restricted without prior written approval of the City. 5. Change of Project Manager. A change in the Consultant's project manager (as well as any replacement) shall be subject to the prior written approval of the City Manager or his designee (who in this case shall be an Assistant City Manager). Replacement (including reassignment) of an approved project manager or public information officer shall not be made without submitting a resume for the replacement staff person and receiving prior written approval of the City Manager or his designee (i.e. the City project manager). 6. Protection of Property.The Successful Contractor will at all times guard against damage to or loss of property belonging to the City of Miami Beach. It is the responsibility of the Successful Contractor to replace or repair any property lost or damaged by any of its employees. The City of Miami Beach may withhold payment or make such deductions as it might deem necessary to ensure reimbursement for loss or damage to property through negligence of the Successful Contractor, its employees or agents. 7. Background Checks. The Successful Proposer and all employees of the Successful Proposer, prior to contact with any/all participants, must submit to a background check, at the expense of the successful proposer and at 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. 8. Examination of Sites Recommended. Prior to submitting its offer it is advisable that the vendor visit the sites of the proposed work and become familiar with any conditions which may in any manner affect the work to be done or affect the equipment, materials and or labor required. The vendor is also advised to examine carefully the specifications and become thoroughly aware regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract. No additional allowances will be made because of lack of knowledge of these conditions. Balance of Page Intentionally Left Blank APPENDIX B MIAMI BEACH INSURANCE REQUIREMENTS RFQ 2024- 107-LB Gymnastics Program Instructional Services PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 TYPE 7 — PROFESSIONAL SERVICES (NON-CONSTRUCTION) INSURANCE REQUIREMENTS The vendor shall maintain the below required insurance in effect prior to awarding the contract and for the duration of the contract. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage may be treated as a material breach of the contract, which could result in withholding of payments or termination of the contract. A. Workers' Compensation Insurance for all employees of the Contractor as required by Florida Statute Chapter 440 and Employer Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Should the Contractor be exempt from this Statute, the Contractor and each employee shall hold the City harmless from any injury incurred during performance of the Contract. The exempt contractor shall also submit (i) a written statement detailing the number of employees and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees during the term of this contract or (ii) a copy of a Certificate of Exemption. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence, and $2,000,000 general aggregate. C. Automobile Liability Insurance covering any automobile, if vendor has no owned automobiles, then coverage for hired and non-owned automobiles, with limit no less than $1,000,000 combined per accident for bodily injury and property damage. D. Professional Liability (Errors & Omissions) Insurance appropriate to the Consultant's profession, with limit no less than $1,000,000. Additional Insured - City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the contractor's insurance. Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance Services. Waiver of Subrogation — Vendor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. Verification of Coverage — Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. CERTIFICATE HOLDER MUST READ: City of Miami Beach do Exigis Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeach@riskworks.com Special Risks or Circumstances -The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. APPENDIX C M I AM I B E AC H Gymnastics Contract Pursuant to RFQ 201 9-047-WG RFQ 2024- 107-LB Gymnastics Program Instructional Services PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND GYM KIDZ, INC. FOR GYMNASTICS PROGRAM INSTRUCTIONAL SERVICES, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) No. 2019-047-WG This Professional Services Agreement (Agreement) is entered into this 13 day of r\O.&tr.*c 2019, 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 (the "City"), and GYM KIDZ, INC., a Florida Corporation, whose address is 2038 N.E. 155 Street, North Miami Beach, Florida 33162 ("Contractor"). SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Contractor, including any exhibits and amendments thereto. City Manager: The chief administrative officer of the City. City Manager's Designee: The City staff member who is designated by the City Manager to administer this Agreement on behalf of the City. The City Manager's designee shall be the John Rebar, Department Director. Contractor: For the purposes of this Agreement, Contractor shall be deemed to be an independent contractor, and not an agent or employee of the City. Services: All services, work and actions by the Contractor performed or undertaken pursuant to the Agreement. Fee: Amount paid to the Contractor as compensation for Services. Proposal Documents: Proposal Documents shall mean City of Miami Beach Request for Qualifications ("RFQ") No. 2019-047-WG for Gymnastics Program Instructional Services, together with all amendments thereto, issued by the City in contemplation of this Agreement (the "RFQ"), and the Contractor 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; the RFQ; 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. 1 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 retroactively, as of July 1, 2019, 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). Continuation of the contract beyond the initial period, and any option subsequently exercised, is a City prerogative, and not a right of the Contractor. 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. A contract year shall begin on July 1st and end on June 30th of a given year. Upon thirty (30) days prior written notice to the City Manager and the City's Parks Director, and upon approval of the City Manager, the fees set forth in Exhibit "B" may be adjusted annually, effective July 1st of each Contract Year("date of adjustment"), and affect the Fall Season (September) of the upcoming Contract Year, according to increases or decreases in the Consumer Price Index, All Urban Consumers (CPI-U) US City average, Recreation Services, however, in the case of an increase, the annual maximum adjustment shall not exceed three (3) percent. In the event the Federal Government increases the minimum wage by more than three percent(3%), the parties agree to negotiate a reasonable modification to the rates. If the parties cannot reach an agreement, Contractor may terminate the Agreement upon providing the City with six(6) months prior written notice. All notifications of adjustments must be made in writing, on or before June 1st, of the year preceding the date of adjustment; otherwise, the adjustment shall be deemed waived for that particular year. SECTION 4 CENTER TO BE MANAGED 4.1 The City has employed the Contractor, and Contractor agrees, to operate, manage and 2 maintain, the following City-owned recreational facilities (hereinafter such recreational facility may be referred to as the "Center"): 4.1.1 That certain City-owned recreational facility commonly known as the Gymnastics Room, located at the Scott Rakow Youth Center, 2700 Sheridan Avenue, Miami Beach, Florida 33140 4.2 Contractor herein accepts the Center, including, without limitation, all buildings, improvements, and fixtures located thereon, in their "as is" "where is" condition, and agrees that the City shall have no obligation to improve, restore, refurbish, or otherwise incur any expense in improving or changing the condition of the Center at any time during the Term of this Agreement. Notwithstanding the foregoing, the City shall be responsible for any structural repairs which the City Manager, in the City Manager's sole discretion, deems may be necessary including, roof, A/C, plumbing and electrical repairs, unless caused as a result of the negligence of the Contractor. The City will not be responsible for any interruption of access or use of the Center. SECTION 5 PERSONNEL 5.1 Personnel Background Checks. Contractor shall comply with the requirements of Sections 435.04, 1012.32 and 1012.465, Florida Statutes, requiring that only those employees who have successfully passed the background screening required by the referenced statutes, and who meet the standards established by the statutes, be allowed access to the Center and/or allowed to perform services under this Agreement. This requirement shall also extend to all Contractor representatives, agents, independent contractors, sub-contractors, or volunteers (such employees, representatives, agents, independent contractors, sub- contractors, or volunteers of Contractor shall be collectively referred to herein as "Personnel") performing duties under this Agreement. The Personnel shall undergo the aforestated background screening and a drug screening, as well as a credit history check for those positions that require the handling of money (collectively referred to herein as "Background Check Process") prior to entering the Center to begin employment and/or deliver services. The Background Check Process will be conducted by the City of Miami Beach Human Resources Department. Contractor will bear the cost, (currently estimated at approximately $82.50 per employee, but subject to change from time to time), of acquiring the required Background Check Process, and any fee imposed by the Florida Department of Law Enforcement to maintain the records related to the background screening provided with respect to Contractor and its Personnel. Employment may be contingent upon satisfactory results as determined by the City. The Personnel shall not be permitted to work at the Center until such time as the Background Check Process has been completed and the Personnel cleared to perform duties under this Agreement. If any Personnel is away from the job for a period of 45 or more days, the City will require a new Background Check Process. Contractor agrees to require all of its Personnel to notify the Contractor and the City of any arrest(s) or conviction(s) of any offense within 24 hours of its occurrence. Contractor further agrees to immediately notify the City upon becoming aware that one of its 3 Personnel, who was previously certified as completing the Background Check Process, is subsequently arrested or convicted of any disqualifying offense. Failure by Contractor to notify the City of such arrest or conviction within 24 hours of being put on notice shall constitute a material breach of this Agreement entitling the City to terminate this Agreement immediately, without further liability to the City In connection with the performance of its responsibilities hereunder, Contractor may hire Personnel (as defined in Subsection 5.1 herein), who will be the Personnel of the Contractor and not of the City, and who will be subject to a background Check Process, as set forth in Subsection 5.1 herein, at the expense of the Contractor. Contractor shall provide an adequate number of Personnel and man-hours in order to perform the services required under this Agreement to the satisfaction of the City. Contractor shall select the number, function, qualifications (as stated in the Job Descriptions provided in the attached Exhibit "C"), compensation, including benefits (if any), and may, at its discretion and at any time, adjust or revise the terms and conditions relating to such Personnel, in order to ensure an adequate number of Personnel and man-hours to the satisfaction of the City. Contractor must provide the City with a complete list of employees including but not limited to: name, contact phone number, certifications, email addresses, positions held and duties. 5.2 The Contractor agrees that all personnel for the Center, shall maintain membership and be certified in the following areas during the contract term: USAG (U101 Safety and Risk Management Certification USAG (U100) Fundamental Gymnastics Instruction Course Certification USAG (U110) Safe Sport Course Certification CPR/First Aid Contractor is responsible for maintaining all certifications for him/herself and all its employees. Contractor shall provide documentation, on a yearly basis, of current certifications of each staff member. There must be onsite management by the Contractor at the Center during operating hours. 5.3 Contractor's Personnel shall wear clean appropriate apparel to include uniforms/name tags, such that Center patrons can easily identify Contractor and its Personnel. All Personnel furnished to the City of Miami Beach must be uniformed. Each uniform shall display Contractor's name and logo, which logo shall be subject to approval by the City. Uniforms must be provided at the Contractor's expense and may not be charged to an employee or deducted from an employees' paycheck, therefore reducing the hourly pay rate to less than the living wage rate required under the City's Living Wage Ordinance, as same may be amended from time to time. 5.4 All Personnel shall observe all the graces of personal grooming. The Contractor shall hire Personnel to work in its operation who are neat, clean, qualified and efficient and shall comport themselves in a professional and courteous manner and be in conformity with the City's Customer Service standards, as set forth in the attached Exhibit "D". If the City deems it appropriate, the Contractor and its Personnel may be required to attend Customer Service training as conducted by the City. If Contractor materially fails to comply with these provisions, the City may send notice of default. The Contractor shall have an experienced manager or managers overseeing the Center—and related operations at all times the Center are open to the general public. - 4 SECTION 6 CENTER HOURS, PROGRAMS, PAYMENTS AND REGISTRATIONS 6.1 Current Center hours are as follows: Monday 2:00 PM to 8:00 PM Tuesday 2:00 PM to 8:00 PM Wednesday 2:00 PM to 8:00 PM Thursday 2:00 PM to 8:00 PM Friday No Classes Saturday 9:00 AM to 12:00 PM Sunday 9:00 AM to 12:00 PM Contractor and its employees shall, at all times, be prompt in opening the Center for business at the scheduled time each day. Contractor's responsibilities and duties may include, but are not limited to, checking class/program/activity rosters for registered participants; monitoring the Center during hours of operation; addressing and controlling inappropriate behavior or patrons and visitors; assisting a patron by providing answers to questions regarding programs, events, etc.; and, managing the Center in a pleasant, efficient and effective manner. 6.2 All attendees participating in any authorized Gymnastics program, activity or camp, must be registered with and make payment to the Contractor through the use of a registration software system acceptable to the City. All program, camp and/or activity registrations for participation in an authorized Gymnastics program as agreed to by the Parks and Recreation Director, or his/her designee, and the Contractor shall be paid directly to the Contractor. Ticket sales for performances, costs of participant uniforms and applicable competition fees shall be paid directly to the Contractor. The term "gross revenue" shall include all monies received from Gymnastics services provided by the Contractor as agreed to by the City. Payment to the City will be calculated based on monies collected by the Contractor. The Contractor shall make remittance on a per session/semester basis. Payment to the City will be made no later than thirty (30) days from the end of the session/semester. Contractor must submit a detailed financial report outlining the revenues and registrations collected for each session/semester for the corresponding payment due to the City. The Contractor 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 maintained by the Gymnastics Director shall be available for inspection by the City or its agents without notice. 5 SECTION 7 MARKETING 7.1 Contractor shall establish and implement an advertising and marketing plan at its sole expense. All advertising and marketing materials, including but not limited to, flyers, articles, etc., must be pre-approved by the Parks and Recreation Director or his/her designee. SECTION 8 PROPERTY AND MAINTENANCE 8.1 The Contractor shall, at all times, take precautions to avoid any damage or loss to the gymnastics equipment at the Center ("City's Equipment"). The Contractor agrees to reimburse the City for any repairs to the Center or the City's Equipment that are a result of negligence, unsafe, careless, etc., actions on the part of the Contractor or his/her staff. The CONTRACTOR agrees to purchase any additional gymnastics equipment and/or supplies (Contractor's Equipment")that are not already located in the Gymnastics Room of the Scott Rakow Youth Center. Contractor shall keep an inventory of all Contractor's Equipment purchased during the Term of the Agreement and notify the City within thirty(30)days of each purchase. At the conclusion of this Agreement, Contractor shall be permitted to retain any and all equipment and supplies purchased by it hereunder. 8.2 Contractor shall replace or repair to the City's satisfaction any loss or damage caused by Contractor, and/or its staff at the Contractor's expense. 8.3 Contractor shall adhere at all times to all safety concerns regarding employees and visitors to the facility. 8.4 Contractor shall be responsible for preventative maintenance inspections, and reporting and supervising daily maintenance of the Gymnastics Room, including the City's Equipment and Contractor's Equipment. The City may ask for copies of maintenance reports at its discretion. Contractor shall initiate the scheduled preventative maintenance requirements for upkeep and/or repair of the Gymnastics Room equipment. The Contractor will be responsible for corrective actions when identified within a reasonable amount of time based on industry standards for such repairs, or immediate corrective action shall be taken when it addresses life safety issues. SECTION 9 FINES AND PENALTIES 9.1 The City reserves the right to levy fines against the Contractor when the City determines that Contractor is not meeting the necessary work requirements. The following table below depicts areas where fines will be levied: Work Activity Grace Period Quality of Operations 24 hours Personnel Shortages 4 hours Personnel Dress Code 8 hours Equipment Deficiencies 72 hours Supplies 8 hours Program Management 24 hours 6 Communications 48 hours Life Safety Maintenance 2 hours Fines for failures to complete corrective action for any of the work activities listed above are as follows: - $100 after failing to complete corrective action after two (2) notifications - $200 after three (3) notifications - $500 after four(4) notifications If additional time is required to complete corrective action, a written request must be submitted for approval to the City prior to the end of the grace period; however the total time granted to complete the corrective action shall not exceed thirty (30) days. The basis for the implementation of fines and penalties includes but is not limited to the following: a. Quality of Operations — Inability to provide service in a workmanlike and professional manner; failure to conform to professional and industry standards; and unable to provide maintenance services in a manner in clean orderly and safe condition. b. Personnel Shortages — Failure to provide a staffing plan that meets the maintenance coverage requirements of the service area, and/or failure to provide the necessary on-site personnel in accordance to the staffing plan approved by the City c. Personnel Dress Code — Failure of employees to meet uniform requirements, including wearing clean uniforms. d. Equipment Deficiencies — Inability to fully operate; in non-functional condition; in state of disrepair and or visibly damaged; lacking maintenance; and not generally maintained and in clean condition. e. Supplies — Failure to provide the supplies necessary for the proper execution of the program or maintenance service specified. f. Program Management - Failure to implement a comprehensive management program to respond to City and/ or stakeholder requests for services and maintenance issues covered by the Contract. g. Communications — Failure to submit an approved communications plan addressing routine, scheduled, and emergency maintenance and repair activities, and failure to provide timely notifications as previous prescribed. h. Safety Regulations — Failure to adhere to OSHA's most recently published Safety and Health Regulations and general Occupational Safety and Health Standards. 7 SECTION 10 FEE 10.1 In consideration of the Services to be provided pursuant to this Agreement, the Contractor shall, at the conclusion of every class session, pay the City 20% of all fees collected by the Contractor from the program participants with the exception of registration and competition fees. Contractor shall retain 80% of all fees collected by the Contractor from the program participants. Contractor shall retain 100% of the registration and competition fees. The Contractor shall provide the City with payment, along with session rosters, which will include each participant residency information, and proof of individual payments, all of which must be submitted to the City no later than thirty(30) days from the end of the session/semester. SECTION 11 TERMINATION 11.1 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, (unless such breach relates to the work activities referenced in Section 9.1, and cannot be cured within 10 days and Contractor has notified City as provided for in Section 9.1 that it requires additional time to comply), not to exceed a total of thirty(30)days, the City may terminate this Agreement without further notice to Contractor. Notwithstanding the foregoing, if the default is of a nature that cannot be cured, such as engaging in fraudulent conduct or making a material misrepresentation of fact, no cure period shall be required and the City Manager may terminate this Agreement immediately, effective upon Grantee receiving the City's written notification. 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 rights and remedies against Contractor. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. 11.2 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. ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY CONCERN, AS DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S SOLE DISCRETION, THE CITY MANAGER, PURSUANT TO A VERBAL OR 8 WRITTEN NOTIFICATION TO CONTRACTOR, MAY IMMEDIATELY SUSPEND THE SERVICES UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE ALTERNATIVE, TERMINATE THIS AGREEMENT ON A GIVEN DATE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, CONTRACTOR SHALL BE PAID FOR ANY SERVICES SATISFACTORILY 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. 11.3 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. SECTION 12 INDEMNIFICATION AND INSURANCE REQUIREMENTS 12.1 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 Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Contractor shall in no way limit the Contractor's responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. 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 12.1 and of this indemnification shall survive termination or expiration of this Agreement. 12.2 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; 2. Automobile Liability- $1,000,000 each occurrence-owned/non-owned/hired automobiles included. 3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes. 9 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 less 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. The insurance certificates for General Liability shall include the City as an additional insured and shall contain a waiver of subrogation endorsement. 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. 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 13 LITIGATION JURISDICTIONNENUE/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 14 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 $10,000. 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$10,000. 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 10 excess of $10,000 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 15 DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS; COPYRIGHT; AND CONFIDENTIAL FINDINGS 15.1 DUTY OF CARE With respect to the performance of the work and/or service contemplated herein, Contractor shall exercise that degree of skill, care, efficiency and diligence normally exercised by reasonable persons and/or recognized professionals with respect to the performance of comparable work and/or services. 15.2 COMPLIANCE WITH APPLICABLE LAWS In its performance of the work and/or services, Contractor shall comply with all applicable laws, ordinances, and regulations of the City, Miami-Dade County, the State of Florida, and the federal government, as applicable. 15.3 WORK PRODUCT/CONFIDENTIAL FINDINGS/PARTICIPANT RECORDS Any work product arising out of this Agreement, as well as all information specifications, data and findings, are intended to be the property of the City and shall not otherwise be made public and/or disseminated by Contractor, without the prior written consent of the City Manager, excepting any information, records etc. which are required to be disclosed pursuant to Court Order and/or Florida Public Records Law. Contractor understands and agrees that it is subject to all laws relating to the confidentiality of the information and records of the minors who participate in the gymnastics program. Contractor agrees to regard all participant information as confidential and will not disclose the participant information to any third party. SECTION 16 GENERAL PROVISIONS 16.1 MAINTENANCE AND EXAMINATION OF RECORDS. Contractor shall maintain current, accurate, and complete financial records on an accrual basis of accounting related to its operations pursuant to this Agreement. Systems and procedures used to maintain these records shall include a system of internal controls and all accounting records shall be maintained in accordance with generally accepted accounting principles and shall be open to inspection and audit, but not photocopying, by the City Manager upon reasonable prior request and during normal business hours. Such records and accounts shall include a breakdown of revenues, expenses, and profit and loss statements. Contractor shall 11 maintain accurate receipt-printing cash registers or a like alternative at the Center which will record and show the payment for every sale made or service provided at the Center; and such other records shall be maintained as would be reasonably required by an independent CPA in order to audit a statement of annual revenues and profit and loss statement pursuant to generally accepted accounting principles. 16.2 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 Manager 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. 16.3 ASSIGNMENT, TRANSFER OR SUBCONTRACTING 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. 16.4 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. 16.5 NO DISCRIMINATION In connection with the performance of the Services, the Contractor shall not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, age, disability, religion, income or family status. Additionally, Contractor shall comply fully with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing, public accommodations, and public services on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation. 16.6 CONFLICT OF INTEREST 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, as may be amended from time to time; and by the City of Miami Beach Charter and 12 Code, as may be amended from time to time; both of which are incorporated by reference as if fully set forth herein. Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of the Services. Contractor further covenants that in the performance of this Agreement, Contractor shall not employ any person having any such interest. 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 therefrom. 16.7 CONTRACTOR'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW (A) Contractor shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. (B) The term "public records" shall have the meaning set forth in Section 119.011(12), which means 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. (C) 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: (1) Keep and maintain public records required by the City to perform the service; (2) Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement if the Contractor does not transfer the records to the City; (4) Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. (D) REQUEST FOR RECORDS; NONCOMPLIANCE. (1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Contractor of the request, and the Contractor must provide the records to the City or allow the records to be inspected or copied within a reasonable time. 13 (2) Contractor's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or(3) avail itself of any available remedies at law or in equity. (3) A Contractor who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. (E) CIVIL ACTION. (1) If a civil action is filed against a Contractor to compel production of public records relating to the City's contract for services, the court shall assess and award against the Contractor the reasonable costs of enforcement, including reasonable attorneys' fees, if: a. The court determines that the Contractor unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Contractor has not complied with the request, to the City and to the Contractor. (2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of public records and to the Contractor at the Contractor's address listed on its contract with the City or to the Contractor's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. (3) A Contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. (F) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADO(a.MIAMIBEACHFL.GOV PHONE: 305-673-7411 14 SECTION 17 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 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: Joslyn Varona, President Gym Kidz, Inc. 2038 N.E. 155 Street North Miami Beach, FL 33162 TO CITY: 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 date of an acknowledged receipt, or, in all other cases, on the date of receipt or refusal. SECTION 18 MISCELLANEOUS PROVISIONS 18.1 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. 18.2 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. 15 18.3 WAIVER OF BREACH A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A party's waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 18.4 JOINT PREPARATION The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been a joint effort of the parties, the language has been agreed to by parties to express their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 18.5 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 document. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 16 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: i By: A- City Clerk City M ag Date: / ' ,." "-+-. 7�.'.. ..' ..' C, FOR CONTRACTOR: ':C�,YM KIDZ, INC. * -.1�:;ORF t 'Q ED ` f ATTEST: t A': ' . /I) ''''-:2-?".CH ;2__Ve, _ \/. - s 6l\t, \tr y_ Print Name and Title Print Name and Title Date: )( {?) I Y F:A1TO/TORG'Agrcemcnts,Protcs.ional Services Agreement 2017 modified 12-19-2017 APPROVED AS TO FORM & LANGUAGE & OR EC TION U . I 61 Z i 17 City Attorney)* Dote EXHIBIT "A" DESCRIPTION OF SERVICES EXHIBIT"A" DESCRIPTION OF SERVICES Contractor shall establish and administer Gymnastics classes and events for Miami Beach residents and visitors at the Scott Rakow Youth Center located at 2700 Sheridan Avenue, Miami Beach, FL 33140. The goal of programming should be to provide a multi-level and diverse gymnastics experience for all participants. The Contractor shall coordinate a fall, winter, spring and summer schedule of activities in cooperation with and the approval of the Parks and Recreation Director or designee. Contractor shall manage and administer these types of programs, classes and/or events for the community on dates mutually agreed upon by Contractor and the City. Contractor shall identify and, as necessary, retain specialized partners and shall be responsible for coordinating and executing the programs contemplated by this Agreement. Contractor shall be solely responsible for the costs and expenses associated with its implementation of the activities, including payment, if any, to specialized partners identified or retained by Contractor in connection with the Services. Contractor's Programs may include, but not be limited to the following activities: • Classes!Clinics • Camps • Drop-in Classes • Special Events • Special Abilities Programs/Classes/Events • Parent Workshops • Birthday Parties/Rentals • Competitive Programs Any change to the approved fees shall require the prior written approval of the City Manager. The Contractor 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 Contractor 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 Contractor shall make recommendations on appropriate actions and/or changes. The Contractor represents that he/she has, or will secure at his/her own expense, all necessary personnel required to perform the stated services of this RFQ and the executed contract. Such personnel shall NOT be City employees. Staff employed by the Contractor to perform these services shall be fully qualified and, if required, authorized or permitted under state and local law to perform such services. The Contractor shall be liable for all work performed by his/her personnel. 19 The Contractor, and employees of the Contractor, 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 Contractor shall be responsible for maintaining CPR, First Aid and AED certifications for him/herself and all its employees. The Contractor shall provide documentation, on a yearly basis, of current certifications of each staff member. 20 EXHIBIT " B" PARTICIPANT FEES Gymnastics Recreation Classes (10 classes) New Contract Fees Recreation Classes-Resident $164.06 Recreation Classes-Sibling Discount $147.65 Recreation Classes-Non Resident $246.09 Registration Fee to Gym Kidz $40.00 Weekly Camps(Summer/Winter/Spring) New Contract Fees Residents(9:00 am-5:30 pm) $216.79 Non-Residents(9:00 am -5:30 pm) $390.24 Residents(9:00 am-3:00 pm) $185.00 Non-Residents(9:00 am-3:00 pm) $296.00 Daily Camps(Summer/Winter/Spring) New Contract Fees Residents(9:00 am-5:30 pm) $60.00 Non-Residents(9:00 am -5:30 pm) $96.00 Residents(9:00 am-3:00 pm) $50.00 Non-Residents(9:00 am -3:00 pm) $80.00 Birthday Parties New Contract Fees Residents(1-20 kids) $439.45 Non Residents(1-20 kids) $550.78 Residents(21-25 kids) $498.07 Non Residents (21-25 kids) $609.40 Residents(26-30 kids) $556.69 Non Residents(26-30 kids) $668.02 Competitive Team (5 week Terms) New Contract Fees 2 hours Resident not doing 2 hrs 2 hours Sibling Discount not doing 2 hrs 2 hours Non Resident not doing 2 hrs 4 hours Resident $287.11 4 hours Sibling Discount $258.30 4 hours Non Resident $430.68 7.5 hours Resident $362.26 7.5 hours Sibling Discount $326.03 7.5 hours Non Resident $543.39 10 hours Resident $402.52 21 10 hours Sibling Discount $362.26 10 hours Non Resident $603.76 Privates(5-lhour private class) New Contract Fees Resident $335.61 Non Resident $503.42 22 ATTACHMENT C SUNBIZ & PROPOSAL RESPONSE TO RFQ DIVISION OF CORPORATIONS .014bJIvt3i tf of 1 rg 40,0// en uJFlur+do wrbsur Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company MIAMI BEACH GYMNASTICS LLC Filing Information Document Number L24000070114 FEI/EIN Number NONE Date Filed 02/07/2024 State FL Status ACTIVE Principal Address 818 MERIDIAN AVE APT 7 MIAMI BEACH, FL 33139 Mailing Address 818 MERIDIAN AVE APT 7 MIAMI BEACH, FL 33139 Registered Agent Name&Address HATCH, STACEY E 818 MERIDIAN AVE APT 7 MIAMI BEACH, FL 33139 Authorized Person(s) Detail Name &Address Title MGR HATCH, STACEY 818 MERIDIAN AVE MIAMI BEACH, FL 33139 Annual Reports No Annual Reports Filed Document Images 02/07/2024--Florida Limited Liability View image in PDF format BID SUBMITTAL QUESTIONNAIRE SECTION 1 - BID CERTIFICATION FORM This document is a REQUIRED FORM that must be submitted fully completed and submitted. Solicitation No: Solicitation Title: BID NUMBER PROJECT TITLE BIDDER'S NAME.Miami Beach Gymnastics NO.OF YEARS IN BUSINESS 9 NO.OF YEARS IN BUSINESS LOCALLY.9 NO.OF EMPLOYEES 9 OTHER NAME(S)BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS:MBJCC Gymnastics BIDDER PRIMARY ADDRESS(HEADQUARTERS).818 Meridian Ave CITY.Miami Beach STATE.FL ZIP CODE.33139 TELEPHONE NO.:3525142230 TOLL FREE NO. NA FAX NO. NA BIDDER LOCAL ADDRESS shatch4@comcast.net CITY.Miami Beach STATE.FL ZIP CODE.33139 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT Stacey Hatch ACCOUNT REP TELEPHONE NO..3525142230 ACCOUNT REP TOLL FREE NO.-.na ACCOUNT REP EMAIL shatch4@comcast.net FEDERAL TAX IDENTIFICATION NO.:99-1442342 By virtue of submitting a bid, bidder agrees: a) to complete and unconditional acceptance of the terms and conditions of this document and the solicitation, including all addendums specifications, attachments, exhibits, appendices and any other document referenced in the solicitation c) that the bidder has not divulged, discussed, or compared the proposal with other bidders and has not colluded with any other bidder or party to any other bid; d) that bidder acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; e) if bid is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the bidder and the City of Miami Beach, Florida, for the performance of all requirements to which the bid pertains; and f) that all responses, data and information contained in the bid submittal are true and accurate. The individual named below affirms that s/he: is a principal of the applicant duly authorized to execute this questionnaire, and that the contents of said document(s) are complete, true, and correct to the best of his/her knowledge and belief. Name and Title of Bidder's Authorized Signature of Bidder 's Authorized Representative: Representative: Stacey Hatch, Owneer Stacey Hatch SECTION 2 - ACKNOWLEDGEMENT OF ADDENDUM After issuance of solicitation, the City may release one or more addendum to the solicitation, which may provide additional information to bidders or alter solicitation requirements. The City will strive to reach every bidder having received solicitation through the City's e-procurement system. However, bidders are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the bidder has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Enter Initial Enter Initial Enter Initial to to Confirm to Confirm Confirm Receipt Receipt Receipt SH Addendum 1 Addendum 6 Addendum 11 SH Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required, submit under separate cover. SECTION 3 - CONFLICT OF INTEREST All bidders must disclose 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 bidders must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the bidder entity or any of its affiliates. FIRST AND LAST NAM RELATII 1 2 3 4 5 6 SECTION 4 - FINANCIAL CAPACITY At time of request by the City, bidder shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the City, with bid or within three (3) days of request. Bidder shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the City. No proposal will be considered without receipt (when requested), by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the bidder. The bidder shall request the SQR report from D&B at: https://supplierportal.dnb.com/webapp/wcs/stores/servlet/SupplierPortal? storeld=11696 Bidders are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each bidder review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800-424-2495. SECTION 5 - REFERENCES AND PAST PERFORMANCE Project No. BID NUMBER Project Title PROJECT TITLE Bidder shall submit at least three (3) references for whom the bidder has completed work similar in size and nature as the work referenced in solicitation. Bidder may submit additional references as part of its bids submittal. Reference No.1 Firm Name: MBJCC/Swim Gym Contact Individual Name and Title: Jennie Strauss Address: 4221 Pine Tree Dr Telephone: 3053431829 Contact's Email: jennie@swimgym.net Narrative on Scope of Services Provided, Project Budget, and Project Dates: Direct, Manage, coach, operate entire recreational and competitive gymnastics department at the MBJCC. Created the competitive program in August 2015. Have grown the team to 60 competitive athletes from levels 1-8 including a Pre-Team. All recreational classes are sold out with a waitlist. Also run 8 weeks of gymnastics camp and team training camps through the holiday breaks. Expanded to include Rec Cheer camp and a competitive Cheer team Reference No.2 Firm Name: MBJCC Contact Individual Name and Title: Address: Renee Sasso Telephone: 3059891053 Contact's Email: rsasso@gulliverprep.org Narrative on Scope of Services Provided, Project Budget, and Project Dates: Direct, Manage, coach, operate entire recreational and competitive gymnastics department at the MBJCC. Created the competitive program in August 2015. Have grown the team to 60 competitive athletes from levels 1-8 including a Pre-Team. All recreational classes are sold out with a waitlist. Also run 8 weeks of gymnastics camp and team training camps through the holiday breaks. Expanded to include Rec Cheer camp and a competitive Cheer team Reference No.3 Firm Name: Self Contact Individual Name and Title: Shana Druckerman Address: Miami Beach Telephone: 9176921308 Contact's Email: sdruckerman@gmail.com Narrative on Scope of Services Provided, Project Budget, and Project Dates: Direct, Manage, coach, operate entire recreational and competitive gymnastics department at the MBJCC. Created the competitive program in August 2015. Have grown the team to 60 competitive athletes from levels 1-8 including a Pre-Team. All recreational classes are sold out with a waitlist. Also run 8 weeks of gymnastics camp and team training camps through the holiday breaks. Expanded to include Rec Cheer camp and a competitive Cheer team SECTION 6 — SUSPENSION, DEBARMENT, OR CONTRACT CANCELLATION Has bidder ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-performance by any public sector agency? 0 YES p NO If answer to above is "YES," bidder shall submit a statement detailing the reasons that led to action(s): SECTION 7 - SMALL AND DISADVANTAGED BUSINESS CERTIFICATION Pursuant to Resolution 2020-31519, the City is tracking the Small and Disadvantaged Businesses, as certified by Miami-Dade County that have been certified as Small or Disadvantaged Business by Miami-Dade County. Does bidder possess Small or Disadvantaged Business certification by Miami-Dade County? 0 YES p NO SECTION 8 - LGBT BUSINESS ENTERPRISE CERTIFICATION Pursuant to Resolution 2020-31342, the City is tracking the utilization of LGBT owned firms that have been certified as an LGBT Business Enterprise by the National Gay and Lesbian Chamber of Commerce (NGLCC). Does bidder possess LGBT Business Enterprise Certification by the NGLCC? 0 YES p NO SECTION 9 - BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION FORM APPENDIX A, 44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned Contractor certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995).Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. By virtue of submitting bid, bidder certifies or affirms its compliance with the Byrd Anti-Lobbying Amendment Certification. Name and Title of Bidder's Authorized Signature of Bidder 's Authorized Representative: Representative: Stacey Hatch, Owner Stacey Hatch 7ECTION 10 - SUSPENSION AND DEBARMENT CERTIFICATION The Contractor acknowledges that: (1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2)The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the City. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions." By virtue of submitting bid, bidder certifies or affirms its compliance with the Suspension and Debarment Certification. Name and Title of Bidder's Authorized Signature of Bidder 's Authorized Representative: Representative: Stacey Hatch, Owner Stacey Hatch SECTION 11 — CONE OF SILENCE Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at https://library.municode.com/fl/miami_beach/codes/code_of_ordinances? nodeld=SPAGEOR CH2AD ARTVIISTCO DIV4PR S2-486COS1 Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov . By virtue of submitting bid, bidder certifies that it is in compliance with the Cone of Silence Ordinance, pursuant to Section 2-486 of the City Code. 'FCTION 12 CODE OF BUSINESS ETHICS Pursuant to City Resolution No.2000-23789, the Bidder shall adopt a Code of Business Ethics prior to executing a contract with the City. The Code of Business Ethics shall be submitted to the Procurement Department with its response or within three (3) days of request by the City. The Code shall, at a minimum, require the Bidder, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City Code. In lieu of submitting Code of Business Ethics, bidder may indicate that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at http://www.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance- and-procedures/ Bidder will submit firm's Code of Business Ethics within three (3) days of request by the City? YES NO Bidder adopts the City of Miami Beach Code of Business Ethics? p YES Q NO SECTION 13 - LOBBYIST REGISTRATION & CAMPAIGN CONTRIBUTION REOUIREMENTS This solicitation is subject to, and all bidders are expected to be or become familiar with, all City lobbyist laws, including lobbyist registration requirements and prohibition on campaign contributions, including: • Lobbyist Registration Requirements sections 2-397 through 2-485.3 of City Code (https://library.municode.com/fl/miami_beach/codes/code_of_ordinances? nodeld=SPAGEOR CH2ADARTVIISTCODIV3LO) • Campaign Contribution Requirements sections 2-487 and 2-488 of City Code (https://library.municode.com/fl/miami_beach/codes/code_of_ordinances? nodeld=SPAGEOR_CH2AD ARTVIISTCO_DIV5CAFIRE) By virtue of submitting bid, bidder certifies or affirms that they have read and understand the above Lobbyist Registration & Campaign Contribution Requirements. SLCTION 14 - NON-DISCRIMINATION The Non-Discrimination ordinance is available at: https://library.municode.com/fl/miami_beach/codes/code of_ordinances? nodeld=SPAGEORCH2AD ARTVIPR DIV3COPR S2-375NSCCOREWA By virtue of submitting bid, bidder agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. SECTION 15 - rAIR CHANCE RFOIJIREMENT The Fair Chance Ordinance No. 2016-4012 is available at: https://library.municode.com/fl/miami_beach/codes/code_of_ordinances? nodeld=SPAGEORCH62HUREARTVFACHOR By virtue of submitting bid, bidder certifies that it has adopted policies, practices and standards consistent with the City's Fair Chance Ordinance. Bidder agrees to provide the City with supporting documentation evidencing its compliance upon request. Bidder further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement, in addition to any damages that may be available at law and in equity. SECTION 16 - PUBLIC ENTITY CRIMES Please refer to Section 287.133(2)(a), Florida Statutes, available at: https://www.flsenate.gov/Laws/Statutes/2012/287.133 By virtue of submitting bid, bidder agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. 17 — VETERAN BUSINESS ENTERPRISES PREFERENC Pursuant to City of Miami Beach Ordinance No. 2011- 3748, https://library.municode.com/fl/miami_beach/codes/code_of_ordinances? nodeld=SPAGEORCH2ADARTVIPR_DIV3COPRS2- 374PRPRPRVEC00000SE the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB, RFP, RFQ, ITN or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. Is the bidder a service-disabled veteran business enterprise certified by the State of Florida? YES NO Is the bidder a service-disabled veteran business enterprise certified by the United States Federal Government? 0 YES p NO SECTION 18 — MORATORIUM ON TRAVEL TO AND THE PURCHASE OF GOODS OR SERVICES FROM MISSISSIPPI Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida prohibits the purchase of goods or services sourced in Mississippi. Are any of the products for which the applicant is seeking to be prequalified sourced in Mississippi? YES NO If yes, explain. 0��►�� TE4ø ira • 1 Cam] AS _-_CR CITY OF MIAMI BEACH BID 2024-107-LB GYMNASTICS PROGRAM INSTRUCTION SERVICES PROPOSER: MIAMI BEACH GYMNASTICS TABLE OF CONTENTS Tab 1 Letter from the Owner Page 3 Cover Letter Page 4 Tab 2 Firm Qualifications Page 5-8 Team Qualifications Page 9-10 Tab 3 Schedule of Activities Page 11-13 Safety & Supervision Page 14 Communications Page 15 Tab 4 Public Benefit Page 16 1 „*. n rAn 0 _9 .'. n ,f,- 4, --- It I t it 1,jr. 410- t it tVI,LI) it, ,rTg: ' itf* 1 r ' V? y Allow me to introduce myself, my name is Stacey Hatch and my greatest passion is being able to do what I love every single day. What do I love? I love supporting, encouraging, and uplifting my gymnasts every day. I love that I get to make a real impact in their lives. There is no better feeling than watching someone achieve their goals after months of struggles. Being a competitive athlete, being a part of a team, having real mentors, loving my sport was something that molded me into the adult I am today and being able to now do that for a whole new generation is priceless. Miami Beach Gymnastics was created out of a love for gymnastics but also a love for coaching and inspiriting others. Having a part in raising conscious and confident individuals is not something I take likely. I make it a point to know every child's name in my programs, to show up and check into every single class, to attend every session of every meet. This is not just my business but also my whole entire life. Miami Beach currently runs under the Miami Beach JCC umbrella meaning all registrations and payroll are run through their systems, all of the equipment is owned by them, and they cover the Insurance. However, we have our own Budget in which I plan and have full control over. I have designed the gym layout and purchased additional equipment through the years to fulfill the needs of our programming. All the coaching staff is vetted and hired by me. The class schedule, curriculum, assessments are handled by me and my staff. I created a competitive team that has grown into a reputable program that has created State Champions. I handle all uniform designs and ordering, all competition registration, all USAG and AAU registrations. We may be under someone else's umbrella but Miami Beach Gymnastics acts as its own vendor with complete control from top to bottom. Should I have the privilege of being awarded this bid I will immediately transition to our own Insurance Policy, Registration System and Payroll system and am fully prepared to move forward with that change. Currently all of our classes are sold out and our competitive team is maxed out. I have to turn children and their families away every day and it breaks my heart but we just do not have enough space to allow those that wish to take class with us the opportunity. We are currently using multi-purpose rooms, dance studios, and basketball courts in addition to our gym to be able to offer our top-notch programming. We need more space desperately to continue to grow and to be able to offer programming to the entire Miami Beach community. Our competitive cheer team that competed last season had to be put on hold due to lack of practice space. Having to deliver that news to 20 teenagers that had waiting for years just to have a cheer program on the beach was devastating. I truly hope you all will consider Miami Beach Gymnastics as a viable option to take over the Gymnastics Space at the youth center. I am fully prepared to continue to grow Miami Beach Gymnastics and our Gymnastics Family. Thank you for your consideration! With Gratitude, Stacey Ratch #oneteamonevisiononefamily 3 4..6 itat- 4 Oi ,_n-,A,--Tir.pule) Miami Beach Gymnastics was established in the Fall of 2015 due to the void in competitive gymnastics programs on Miami Beach. Since 2015 Miami Beach Gymnastics has become a reputable and respected club within USA Gymnastics Florida and is the premier club for Gymnastics Instruction on Miami Beach. Miami Beach Gymnastics currently operates out of the Miami Beach JCC under their umbrella and offers recreational classes for all ages,a competitive program, birthday parties, team training camps, recreational camps, field trips, after-school/homework club, cheerleading, dance&technique classes, and performances. There is so much more to do but unfortunately,there is not enough space to make it happen. Our recreational classes and camps are all sold out with long waitlists and our competitive program is maxed out. This is a direct result of our Leadership and team of coaches that work together to implement and maintain quality and creative gymnastics instruction within a safe and fun environment for children of all ages. By continuing our coach's education at USAG conferences and training clinics,we are constantly upgrading our curriculum and always continue a high level of customer service staying in constant contact with all of our gymnast families. We have continued to be a stellar program in the community since our inception. As the sole full service artistic gymnastics program on Miami Beach, Miami Beach Gymnastics has been successfully providing comprehensive gymnastics services and programs for youth all throughout the beach and the surrounding Miami areas. Our record of accomplishment and constant sell out of programming demonstrates that we are able to consistently offer exceptional and diverse programming while elevating the quality,safety, and profitability of Miami Beachand its programs. Since the Fall of 2015 our revenue has increased annually as we continue to find creative ways to offer programming to all those in need in our limited spacing. We have grown from a competitive team of 2 compulsory levels and about 20 gymnastics to a team of 5 compulsory levels and 3 optional levels and about 60 gymnasts. Our current program in Miami Beach is in need of new space in order to provide more programming to all those in need. Miami Beach Gymnastics has a first-hand and special understanding of the actual services and needs of the youth in Miami Beach in regards to gymnastics programming. It would be an absolute pleasure to bring our extensive knowledge and insight concerning the overall gymnastics industry to those at the Scott Rakow Youth Center and allow the City Based program to once again flourish and grow. We are fully committed and confident in the ability to successfully provide these services at the highest level of quality and in the best interests of the City of Miami Beach. 4 Miami Beach Gymnastics...Through the Years! ➢ October 2012 *Miami Beach Gymnastics Owner and Operator took over the Gymnastics Programming at the MBJCC ➢ August 2015 *Transitioned the MBJCC Gymnastics program over to Miami Beach Gymnastic ➢ 2015-2016 *Continued to offer an extensive Recreational program including classes and camps. *Created a Competitive program that consisted of a Pre-Team and 2 Compulsory Levels. Competed within the AAU Gymnastics Organization. *Performed at various Holiday Celebrations and Concluded the Program Season with a Gymnastics show that included every gymnast in the program *Attended the AAU Florida Gold District Championships and AAU Gymnastics National Championship * Level 2 Gymnasts became official ambassadors for the lvivva Brand (created by Lululemon for active girls) ➢ Summer 2016 *Offered 6 weeks of Gymnastics Camp for our Recreational Program *Travelled with the Competitive Team to train for 2 weeks at a larger facility ➢ 2016-2017 *Continued to grow our Recreational programming adding additional classes for 1-3year olds, tumbling classes,while still offering classes for all ages and levels *Grew the Competitive program to include an additional Compulsory Level *Added a dance program that included Acro, lyrical and contemporary dance *Offered recreational camps during the school breaks while the team took their training offsite to a larger facility *Attended AAU Districts and the National Championships in Tennessee ➢ Summer 2017 *Added a week of Cheerleading camp and a week of Tumbling camp to regular camp schedule *3 Dancers from the program competed in an Acro Duo and Lyrical Trio earning a Silver and Gold *The competitive team continued to travel to another facility for training camp 5 ➢ 2017-2018 *All recreational classes consistently sold out *Added 2 additional Compulsory Levels and an Optional Level and began competing under the USA Gymnastics Organization in addition to AAU Gymnastics *Expanded the Dance program to include all genres of dance *Added Ballet Technique classes to our Team curriculum *Ran our first fundraiser to help with travel costs for both our Dance and Gymnastics Teams *Attended AAU Districts and the National Championships in Tampa, FL ➢ Summer 2018 *Continue to run Recreational Gymnastics, Cheerleading, Tumbling, and Team Training Camps *8 Dancers from the program competed in all dance genres earning multiple medals ➢ 2018-2019 *Continued to run our extensive list of all programming and performances *Partnered with Olympic All-Around Gold Medalist Gabby Douglas for a program wide fundraiser *Attended AAU Districts and National Championships in Orlando, FL ➢ Summer 2019 *Continued to run our variety of camps that sold out and had large waitlists *10 Dancers from the program competed in all dance genres earning multiple medals ➢ 2019-2020 *Expanded our program space into 2 Multi-Purpose rooms to accommodate the every growing number of participants in both our recreational and competitive programs *Moved our Competitive Program to a Virtual Environment for the remainder of the regular season *Competed virtually through "Got Scored", an Online Competition platform ➢ Summer 2020 *Returned to Team Training with ear to ear smiles from every gymnast *Adhered to all Covid protocols to assure we would remain open 6 ➢ 2020-2021 *Regular Programming resumed "Covid Style" *While many surrounding programs suffered,we exceed expectations continuing to sell out classes (had to allow less participants per class) *Returned to regular USAG and AAU Competitions with 5 Compulsory Levels and 2 Optional Levels *Found new creative ways to engage all gymnasts while still adhering to social distancing policies *Attended the USAG Level 6/7 Florida State Meet *Coaching Staff Attended the USAG Development Program Master Compulsory Workshop *Attended AAU Districts and National Championships in Savannah where we received our first PERFECT 10 ➢ Summer 2021 *All Pre-Covid Camps Resumed ➢ 2021-present *Continued to utilize the gymnastics studio, multi-purposes rooms, and outdoor spaces to accommodate our bustling programs that are all sold out with gymnasts eager to get in. *Due to space constraints, the higher level competitive gymnasts have continue to travel to other gyms for training when necessary *Had multiple gymnasts earn AAU All American Awards and earn spots on the National Team *Created Miami Beach All Stars Cheerleading; competed in 2 local competitions during the spring of 2023 and won 1st place at both including the FCDA State Championship *Took 1st place at the 2022 and the 2023 District Championship *Our Level 3 Gymnast because the All-Around State Champion at the USAG Level3/4 State Championship *Earned more Perfect 10 Scores *Exceeded Budget Revenue Projections every year in all Programming Areas within the Gymnastics Department 7 In summary: Although Miami Beach Gymnastics has operated under the umbrella of Miami Beach JCC,for all intended purposes it is its own identity with its own budget and its own Operating System. Without the creation of Miami Beach Gymnastics, the Gymnastics Programming would not be where it is today. Miami Beach Gymnastics under its Leadership of Owner Stacey Hatch has created a sold out Recreational Program, a Competitive Program that is busting at it seems, a Competitive Cheer program that is desperate for space to practice in, as well as numerous camps and supplemental programming to enhance the already successful Gymnastics Programs. Miami Beach Gymnastics has single handedly turned a mediocre recreational gymnastics program into a full-fledged, extremely successful program with multiple offerings, but more importantly has a created a Gymnastics Family. Based upon hard work, dedication, and an extreme passion and love for the sport Miami Beach Gymnastics has drastically increased the overall quality, consistency, and scope of the program offerings. Our proven success and track record has given Miami Beach Gymnastics a positive reputation within the community in which gymnasts are constantly switching gyms to be a part of the Miami Beach Gymnastics Family. Miami Beach Gymnastics has continued to operate successfully, even through the pandemic, generating a substantial and increased revenue from year to year. We continue to have a stellar reputation w':-,'0, e community when it comes to customer service as well as staff development, program implem, development, and management. • Miami Beach Gymns remains committed to li providing the best quality gymnastics instruction and additional programming to the City of Miami Beach as it has done for the past 10 years. #oneteamonefamily i ' �`��pro a1 , r 10. 000 - ' ay Jiavanna4! ' , ' . ... ., Y Sarnicola tr;'• 156 +Miami Bead ....,.. 3 0\.- ...Iiime&Ahil 1 I Miami Beach Gymnastics Team of Excellence Miami Beach Gymnastics is currently owned and operated by Stacey Hatch. Stacey also handles all the administrative work from class registrations, to competition registrations,to payments, to staffing, etc. You name it she does it. Stacey is also the head coach of the competitive program and oversees the entirety of the program from practices, to uniforms, to meets, to training camps, etc. Stacey has over 25 years of coaching experience. Before starting Miami Beach Gymnastics she owned, and operated a boutique fitness company on Miami Beach. Stacey brings an in-depth and extensive experience with respect to "hands-on" gymnastics instruction, staff management, gym design and development, and the gymnastics/cheerleading/dance/fitness industry as a whole. Her leadership, organization, and eye to detail in combination with good ole hard work has contributed to the constant success of Miami Beach Gymnastics and all is programming. It is Miami Beach Gymnastics mission to provide the best coaching and leadership to all of our gymnasts and program participants. At the core, we are a family, which is why we believe in having our retired High School and College gymnasts join our coaching staff, as they know what it means to be part of the Miami Beach Gymnastics Family. We strive to always provide innovative and dynamic gymnastics coaching in a safe and secure environment for children of all ages while running an effective, profitable, and exciting business. We, as a team,truly love what we do. Gymnastics is a passion that runs deep inside of us and being able to share that with so many children and make a difference in so many of our youth's live is truly a gift. Our current team of Coaches consists of: Stacey Hatch - Owner/Manager & Competitive Team Director/Head Coach Jacqueline Ryan — Recreational Curriculum Development/Team Coach Elisa Palermo—Choreography, Myriam Ayala Frederick—Ballet Technique Director Recreational and Team Coaches — Michele Rivera, Mia Malin, Lucy Simring, Sofia Martinez, Megan Madhosingh, Antonia Lombo Cheer Specialist—Olivia Rusnak Tumbling Specialist —Ellie Wooten *Because we currently operate under the umbrella of the Miami Beach JCC we utilize many of their employees for Registration, Birthday Parties, Maintenance,Accounting, etc. Should Miami Beach Gymnastics be awarded the bid for Gymnastics Program Instruction Services for the City of Miami, additional employees would be hired as needed for the scope of the services needed. **The majority of our Part Time coaches have grown up in our program and our specialists are sought and brought in for a specific need and therefore there are no resumes provided. The resumes for Stacey Hatch and Jacqueline Ryan (prior to her being hired) are attached. 9 Each one of these experienced professionals play an integral part in the implementation, execution, and ongoing success of Miami Beach Gymnastics and all of it programming. They all bring something unique to the team in their own way. As the need for more coaches arise, Miami Beach Gymnastics will be adding their every growing team. Sticking to our ratio of 1:5 (4yrs and under) and 1:6 (5yrs and up) is something that we will not stray from. With gymnastics being a dangerous sport our coach to gymnast ratio is of utmost importance,this goes for camps, parties, competitions, etc. All of our Gymnastics Team Coaches are members of both USA Gymnastics and AAU Gymnastics in which extensive Background Checks take place. They also hold certifications in: ✓ Fundamentals of Gymnastics Instruction ✓ Safe Sport ✓ Tough Coaching or Emotional Abuse ✓ Safety & Risk Management ✓ Understanding Safety & Response Policy ✓ Positive Coaching Alliance ✓ HEADS UP Concussion ✓ American Red Cross: Adult and Pediatric First Aid/CPR/AED 10 Schedule of Activities Miami Beach Gymnastics will continue to offer a wide range of programs available for all ages and skill levels throughout the Fall, Winter, Spring, and Summer sessions in cooperation with the City of Miami Beach. We have a clear and concise understanding of the type of innovative programs and curriculums the families of Miami Beach are looking for. Our attention to detail, organized and clean facility, small participant to coach ratio, creative lesson plans, wide arrange of diverse classes for all age groups and levels, in addition to our Famous Annual End of Year Gymnastics Show has what kept us the#1 Gymnastics Program on the Beach. Whereas so many Youth and City Centers are only offering Rhythmic Gymnastics nowadays due to the additional safety measures that need to be put in place and the extensive training required by the coaches, Miami Beach Gymnastics vows to stay on top and continue to develop and implement extraordinary programs and curriculums for the provisions of the gymnastic services the city of Miami Beach is looking for. Within all of our program offering, it is our top priority to build each child's self-confidence and self-esteem while improving coordination, flexibility,and physical strength through the sport of gymnastics in a safe and fun environment. Our schedule of activities will include but not limited to: • Lil'Tumblers (ages 6months-3years) These multi-sensory classes are broken into 3 ages groups and offer an age-appropriate introduction to gymnastics using creative expression and movement through the use of playful games and all of the gymnastics equipment to encourage gross motor, fine motor, sensory, linguistic, and cognitive skills. Parental (or caretaker) involvement provides babies and toddlers with a comfortable environment in preparation for the transition to independent gymnastics classes. Children will bounce, swing, and roll their way through this class. • Recreational Artistic Gymnastics (ages 3+) The primary goal of the Recreational Gymnastics Program is to provide instruction in a fun and safe environment while allowing everyone to skill progress within their own time. We understand every child progresses at different speeds and for that very reason, there is never any pressure to attain certain skills, advance to another level or try to keep pace with any other participants in their class. We embrace individuality and celebrate success at all levels! Classes are broken down by age group and skill levels as follows: o Tots Gymnastics (3-4years) o Beginner Gymnastics (4-5years) o Beginner Gymnastics 6-8years o Beginner Gymnastics 8+Years o Intermediate Gymnastics 6-8 Years o Intermediate Gymnastics 8+Years o Advanced Gymnastics 8+Years 11 • Competitive Artistic Gymnastics Team (ages 4+) The Competitive Program follows the USAG Development Program and offers 5 Compulsory Levels and 5 Optional Levels. Level 1 and 2 Gymnasts will compete with the AAU Gymnastics Organization whereas Levels 3 and up will compete under the USA Gymnastics organization. Tryout are required for all levels. Once a gymnast reaches Level 4 they will no longer be required to try out. The number of practice hours increase as they move up in levels. This is a year round program and requires a full year commitment. Training camps during the Winter Break and Summer Break are an additional fee. The Women's Development Program was created with the belief that all athletes, regardless of their potential, must have a solid foundation of basic skills in order to advance safely. • Pre-Team (ages 4-6years)The Pre-Team Program is designed for those gymnasts that demonstrate a natural flexibility and strength and have a strong desire to perform gymnastics.The primary objective of the Pre-Team program is to provide the necessary foundation to perform competitive gymnastics successfully. The focus is on developing the necessary strength, flexibility, and proper body positions to perform complex gymnastics skills. Tryouts are required to be invited into this program,which are held in conjunction with Team tryouts. All Pre-Team members will be evaluated mid-season for the option to move to the Level 1 Team. • Tumbling(ages 6+)Tumbling classes are broken into 3 levels; Beginner, Intermediate, and Advanced. o Beginner focuses on tumbling basics such as the hurdle and snap down which then leads to the round off o Intermediate focuses on front and back handsprings o Advanced focuses on all salto skills and connected series • Recreational Cheerleading(ages 4-10yrs) Entry and Beginner Level classes for those interested in pursuing cheer competitively or just wish to learn the sport of cheer for fun.The curriculum focuses on jumps, motions, tumbling, and stunt technique designed for the appropriate age and skill level. • Competitive Cheerleading(ages 5-18)Tryouts are required. Junior and Senior level All Star Teams. A Full Season (Sept-May) is required for this program.Teams will compete at various competitions throughout the state of Florida. A week of Cheer Camp is required for those that make the team. Tryouts are help in the spring for the following season. An additional tryout will be held in August if needed. This program is open to female and males. • Dance Technique (ages 4+) This class is offered in conjunction with our competitive program providing gymnasts with specialized instruction on the dance and ballet technique that is required to excel in gymnastics. 12 • "Parent and Me"classes (ages 6months-3years) Similar to our Lil Tumblers classes these classes are designed with Parent (or Caretaker) participation in mind. Examp►es of classes are YogaMusic, Zumbini, Mighty Babiez/Tots. • Birthday Parties Our parties are designed to offer both fun and instruction with customized themes and multiple optional packages and "add-ons". Our fun-filled and action-packed parties entertain children of all ages in a fun and safe environment. • Winter, Spring, and Summer Break Camps Both Team Training and Recreational Camps are offered during the 2 weeks of Winter Break and the Week of Spring Break and the 10 Weeks of Summer. Additional activities such as games, arts&crafts,yoga, dance, and even Color War is included in our Recreational Camps. Both our Team Training and Recreational Campers enjoy field trips and special events. Additional there will be one week of Cheer Camp in August for those that made the team. • Private Lessons One-on-One private sessions are offered for all ages and skills levels, in addition to Small Group (2-4) private lessons. • End of the Year Show Miami Beach Gymnastics always goes big for the end of year complete with a Show Theme, Program Guide, Photographer and Videographer, scenery, lighting, special effects, sound, and a whole lot more. Everyone in both recreational and competitive programs have parts in the show and the show is open fr all their family and friends to come see and watch the gymnasts show off all that they have learned during the season. 13 Safety & Supervision Safety is at the forefront of everything we do. Parents expect to pick their child up in the same form they were dropped off in. Whereas Artistic Gymnastics is an extremely dangerous sport and injuries will occur, especially at the competitive level, Miami Beach Gymnastics does everything possible to keep the Gym safe and allow ever participant a safe and fully supervised environment. Safety starts before any participants even enters the gym. • Equipment Safety Monthly equipment checks are done to ensure that all equipment is safe and in good working condition. Every piece of equipment is logged and immediately tended to should service be needed. In addition, coaches always assure ever piece of equipment is in appropriate working condition and all knobs, levers, and pins locked in prior to class. • Curriculum Safety Our coaches are required to adhere to our level based curriculum and only introduce skills that are appropriate for that specific level. By following a skill progression within each level,they are able to monitor every child's progress and only advance a child to the next level when they are ready. We do not allow any child to attempt a skill alone until the coach's believe they are ready and the child believes they are ready. Pre- Assessments are done at the beginning of the session and Post-Assessments at the end, which are sent home to their parents. • Class Ratios We have very strict class ratio rule to assure that a coach can keep their eyes on every sign participant at any given time. For classes 5years and under our coach to participant ratio is 1:5 and for classes 6years and up 1:6. • Coaches Safety All of our coaches are required to pass VECHS and DCF background checks through Fingerprinting Technologies. They are also required to pass 3 USAG and AAU Courses in addition to First Aid/CPR/Concussion Training. Working with children is a privilege and in order to ensure that no one abuses that privilege we have adopted some zero tolerance rules to ensure our coaches are in compliance. • HR Safety All staff are required to read through and then sign off on our Employee Handbook. All Completed Hire Packets with appropriate identifications kept on site. It is important that we keep all paperwork organized and not allow anyone to begin working until everything has been completed and signed. • Supervision Our more seasoned coaches work as MODs and at all times one must be on site when classes are going on. We will never leave the facility in the hands of 18-year-old coach. We strive to assure all of our staff feel supported and has the supervision they require to be the best coach they can be. Staff meetings are held monthly. • Professional Development Training Miami Beach Gymnastics sends its coaching staff to numerus in state and regional training as part of its on-going staff continuing education. Some training are specific to certain skills or an apparatus and others are multi day conferences with sessions covering all aspects. USAG Regional Congress offers learning in the DP program, recreational coaching education, preschool coaching education,judging education, safety education, and gymnastics business education in addition to hands on sessions for spotting and choreography.These types of events also provide the building business and professional relationships. 14 Marketing & Communication The Social Media Scene in addition to word of mouth and participant referrals is the chunk of our Marketing. Because all of our classes are sold out with a waitlist, we have not had to have a super strong Marketing plan, as we cannot market classes that are waitlisted. However, what got us to this point was • Social Media Platforms Miami Beach Gymnastics currently has its own IG page in which program updates, competition results, and numerous photos are posted. Whether it just be a photo of gymnasts in matching outfits, or a gymnast achieving a new skill, or a birthday celebration, we use this platform to express the love our participants have for gymnastics in addition to important updates such as closure due to a hurricane, or team tryout dates. • Email Communication All pertinent information regarding session registration dates, class demonstrations, shows, deadline for fees or competitions, holiday schedules, etc are sent to our numerous email lists. For example, our Competitive Team has their wn email lists in which sometimes weekly emails are sent out with updates and reminders. Email is the quickest most efficient way to get important and urgent information out to a large number of people at one. • Word of Mouth Our relationships with our current "gym families" is very special. Some of these gymnasts have been with us since they were 2 years old. We are there for their bar/bat mitzvahs and communions,their acceptance into Middle School, their High School graduation and really have become family. It is their positive communication about Miami Beach Gymnastics within the community that has allowed us to stay on top and sell out every season. • Local Businesses and Schools We have a presence at multiple school events such a fun fairs and field days. In addition, surrounding schools and local business advertise our programming within their newsletters and platforms. • Website and Search Engines Because we are currently the MBJCC umbrella we have not been able to crate and utilize a separate site. However, if Miami Beach Gymnastics is awarded the bid we will create our own site and assure it has a presence online and within the multiple search engines. • Walking Billboards Miami Beach Gymnastics Swag is being worn around time and has become a great Marketing Tool.Team Backpacks are being used daily in school in place of their school backpack, the various t-shirt shirt and hoodie designs are being work to parties, school events, outings and photos are being posted all over with gymnasts sporting their MBG swag. It is incredible how much one little t-shirt can do for you within the community. 15 Public Benefit Miami Beach Gymnastics is proud to give back. We vow to give a percentage of our fundraising dollars to the education initiatives 501(c)(3) Multiple fundraisers are held throughout the season to help support our families in need with travel costs and registration fees associated with competitive gymnastics. Miami Beach Gymnastics also partners with ProjectKix which collects new and gently used sneakers to help support disabled athletes. In conjunction with our Team holiday parties we ask all our gymnasts to bring as many shoes to donate as they can. We keep a donation box in the gym through the year for our gymnasts to continue to donate. We will stay fully committed in devoting our time and resources to help our local community and its schools by volunteer work, demonstrations, student teaching, and in whatever capacity is needed. We are dedicated to serving our community with the highest level of programming and by offering our services, staff, and expertise where and whenever we can. Some ways in which we hope to achieve this are: ➢ Free Trial Classes ➢ Scholarships towards Class Fees and Team Fees ➢ Referral Program — Free week of Camp or Pro-Rate of fees when refer another gymnast ➢ Gift Certificates for Local Schools to be used as prizes or auction items ➢ Volunteer at the Local Schools during their Field Days or sporting events ➢ Community Service hours (partner with MBSH) Student Teaching —our older students can volunteer to help out our coaches in classes in return for a discount on program fees :- City Celebration —our gymnasts are happy to perform at any city wide celebrations, events, carnivals, etc y Team Beach Clean-Ups It is important for Miami Beach Gymnastics, its staff, gymnasts and families to make a positive impact in the community in which we live and are always up to give a hand and our support where needed. "When we all help one another everybody Wins" 16