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Home My WebLink AboutBack-Up DocumentsCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Emilio T. Gonzalez, Ph.D. City Manager DATE: April 8, 2019 FILE: SUBJECT: Recommendation of Award of a Contract for Tennis Center Programming and Operations FROM: Annie Perez, CPPO r REFERENCES: Request for Proposals ("RFP") Director, Procurement No. 945385 ENCLOSURES: Request to Negotiate Memo, Score Sheets Recommendation Based on the findings below, the Department of Procurement ("Procurement") hereby recommends approval for the award of a contract pursuant to RFP No. 945385, Tennis Center Programming and Operations, to the highest ranked responsive and responsible proposer, Friends of Miami Tennis, Inc. ("FOMT"), for the operation of the Tennis Center at Morningside Park, for the Department of Parks and Recreation ("Parks"). Background On September 19, 2018, Procurement issued RFP 945385 under full and open competition, to obtain proposals from experienced and qualified firms for the programming and operation of the tennis center at Morningside Park. Proposers were required to meet all of the minimum qualification requirements established in the RFP, in order to be deemed qualified to provide the services. Two (2) Proposals were received in response to the RFP. Both Proposals were deemed responsive. The Evaluation Committee ("Committee"), met on November 19, 2018, to evaluate and score the proposals following the guidelines and criteria published in the RFP. Following evaluations, the Committee recommended FOMT, the highest ranked responsive and responsible proposer for negotiations. Accordingly, the Negotiating Team met on February 19, 2019 to negotiate a contract. Negotiations resulted in the following: 1. Compensation — The percentage of gross receipts paid by FOMT to the City was increased from 5% as proposed, to 6%, and the frequency of payment by FOMT to the City was changed from monthly to quarterly. 2. Public Benefit - FOMT agreed to maintain the current City resident open play rates for one (1) year; then increase them by one dollar ($1) for the remainder of the contract term. 3. Public Benefit - FOMT will assume management and operation of the currently City - administered "City Clinic" tennis program, at the program's current level of operation and pricing for a minimum of six (6) months after FOMT's commencement of operations at the Tennis Center. At the end of the initial six (6) month period, FOMT and Parks will mutually determine PR19109 whether or not to continue the City Clinic program for one (1) additional six (6) month period. Additionally, the City agreed that no new participants will be added to this program by the City beyond the effective date of the contract resultant from this RFP. Procurement hereby recommends award of a contract to FOMT. Your signature below will indicate approval of this recommendation. Approved: Date: Emilio T. onzalez, Ph.D., City Manager cc: Joseph F. Napoli, Deputy City Manager Nzeribe Ihekwaba, Ph.D., PE, Assistant City Manager/Chief of Infrastructure Lara Hamwey, Director, Parks Rafael Suarez -Rivas, Sr. Assistant City Attorney Yadissa A. Calderon, CPPB, Assistant Director, Procurement PR19109 � r of tanti ANNIE PEREZ, CPPO EMILIO T. GONZALEZ, PH.D. Chief Procurement Officer City Manager April 16, 2019 All Responding Proposers (See Distribution List) SUBJECT: RFP 945385, Tennis Center Programming and Operations Dear Proposers: The Evaluation of the proposals tendered in response to the above cited solicitation has been completed. The City Manager has recommended award as shown within the enclosed document. This notice is provided in accordance with Section 1.20 of the solicitation, and Sections 18-74 of the City of Miami Code. Our provision of this notice also serves to confirm the lifting of the Cone of Silence from this procurement action as dictated by Section 18-74 (d) (2) of the City of Miami Code. We appreciate the participation of all proposers which responded to the subject action. If you have any questions, please contact me at 305-416-1924 or ejohnson@miamigov.com. Sincerely, Charles Jo 1 on, III Sr. Procurement Contracting Officer Distribution List: Friends of Miami Tennis, Inc. Casely Tennis Foundation, Inc. Enclosure: City Manager's Award Recommendation Memo c: City Clerk Nzeribe Ihekwaba, Ph.D., PE, Assistant City Manager/Chief of Infrastructure Rafael Suarez -Rivas, Chief Assistant City Attorney Lara Hamwey, Director, Parks and Recreation Department Annie Perez, CPPO, Director, Procurement CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Emilio T. Gonzalez, Ph.D. City Manager FROM: Annie Perez, CPPO , Director, Procurement / DATE : December 18, 2018 FILE : SUBJECT: REFERENCES: RFP 945385 - Recommendation to Negotiate Contract for Tennis Center Programming and Operations ENCLOSURES: Evaluation Committee Appointment Memo; Evaluation Score Sheets Recommendation: Based on the findings below, the Department of Procurement ("Procurement") hereby recommends approval to negotiate a contract with the highest ranked, responsive and responsible Proposer, pursuant to Request for Proposals ("RFP") No. 945385, to provide Tennis Center Programming and Operations at Morningside Park, with Friends of Miami Tennis, Inc. ("FOMT"). Background: On September 19, 2018, Procurement issued RFP No. 945385, under full and open competition, on behalf of the Parks and Recreation Department ("Parks"), to obtain proposals from experienced and qualified firms for the programming and operation of the tennis center at Morningside Park. Proposers were required to meet all of the minimum qualification requirements established in the RFP in order to be deemed qualified to provide the services. On October 18, 2018, two (2) Proposals were received in response to the RFP. Both Proposals were deemed responsive. The Evaluation Committee ("Committee") met on November 19, 2018 to evaluate and score the proposals, following the guidelines and criteria published in the RFP. The Committee decided not to hold oral presentations, as the Proposals did not require further clarification. The evaluation criteria were given respective weights for a maximum of one hundred (100) points per Committee member. The final scores are listed below in order of ranking: Proposer Technical Score (max. 450) Price Score (max. 50) Total Combined Score (max. 500) 1 Friends of Miami Tennis, Inc. 395 30.5 425.5 2 Casely Tennis Foundation 344 30.5 374.5 Due diligence was conducted to determine responsibility, including verifying corporate status. There were no performance or compliance issues, and no adverse finding related to the responsibility of FOMT. PR19024 Negotiations: The Committee recommends that the City of Miami ("City") enter into negotiations with FOMT, the highest ranked responsive and responsible Proposer. In the event the City and FOMT are unable to reach an agreement, negotiations with FOMT will be terminated and the City will begin negotiations with the next highest ranked responsive and responsible Proposer, Casely Tennis Foundation. This negotiation process will continue until an agreement, acceptable to the City, has been reached. The following individuals will participate in the negotiations: Charles Johnson, III, Sr. Procurement Contracting Officer, Procurement Pearl Bethel, Sr. Procurement Contracting Manager, Procurement Lara De Souza, Deputy Director, Parks Pablo Velez, Assistant City Attorney Rachel Furst, Morningside Resident Consensus Statement: The Committee recommends FOMT for the following primary reasons: 1) FOMT has the necessary qualifications, relevant experience, and technical capacity needed to provide the services required in the RFP, at the level required by the City; 2) The firm's key personnel have an extensive track record of successfully providing programming for, and operating tennis centers for governmental entities similar in size to the City; 3) The firm presented the most comprehensive proposal, which included a detailed plan of action covering tennis lessons, league play, camps, special programming and marketing; and 4) FOMT offers significant public benefits to City of Miami residents including priority court reservations, scholarships and free tennis-themed block parties among others. Additionally, the Committee was impressed by FOMT's online court reservation/payment system. FOMT's proposed compensation was reasonable and will be negotiated in the best interest of the City. Copies of the score sheets for each committee member are attached, as well as the composite score sheets. Approved: Emilio T onzalez, Ph.D., City Manager cc: Nzeribe Ihekwaba, Ph.D., PE, Assistant City Manager/Chief of Infrastructure Sandra Bridgeman, CPA, Assistant City Manager/Chief Financial Officer Pablo J. Velez, Assistant City Attorney Kevin M. Kirwin, Director, Parks Yadissa A. Calderon, CPPB, Assistant Director, Department of Procurement Page 2 of 2 PR19024 COMPOSITE SCORES RFP 945385 Tennis Center Programming and Operations EVALUATION OF PROPOSALS SELECTION PROPOSERS CRITERIA Maximum Points Per Member Maximum Total Points (5 mombers) Friends of Miami Tennis, Inc. Casely Tennis Foundation Proposer's relevant experience, qualifications, and past performance 30 150 133 97 Relevant experience and qualifications of key personnel!, including key personnel of subcontractors, and experience and qualifications of subcontractors 25 125 119.75 • 111,25 Proposer's approach to providing the services requested in this solicitation to include programmatic offering 20 100 86 75 Proposed public benefit of services offered 15. 75 56.25 60.75 TOTAL TECHNICAL POINTS 90 450 395 344 Compensation 10 50 30.5 30.5 TOTAL TECHNICAL and COMPENSATION POINTS (Technical & Price row bovo 100 500 425.5 374.5 NW G .-, /` PRINT NAME:/G✓Ios Io On }' Tje:M 11/29.'2010 EVALUATION OF PROPOSALS RFP 945385 Tennis Center Programming and Operation Lara De Souza (City of iVliarni) SELECTION PROPOSERS CRITERIA I / Maximum Points Friends of Miami Tennis, Inc. Casely Tennis Foundation Proposer's relevant experience, qualifications, and past performance 30� 2.0 Relevant experience and qualifications of key personnel', Including key personnel of subcontractors, and experience and qualifications of subcontractors 25 2.i. Proposer's approach to providing the services requested in this solicitation to Include programmatic offering 20 20 i 5 Proposed public benefit of services offered 15 ( 0 1 2_ TOTAL TECHNICAL POINTS 90 gS 0 4 0 65 Proposers Proposed Compensation 10 6 3 TOTAL TECHNICAL and PRICE POINTS (Technical & Price rows above) 100 g 0 V� 0 :}f� 11/15/2010 EVALUATION OF PROPOSALS RFP 945385 Tennis Center Programming and Operation Zhaoming Guan (City of Miami) SELECTION PROPOSERS CRITERIA I Maximum Friends of Miami Tennis, Inc. y c Casely Tennis Foundation Proposer's relevant experience, qualifications, and past performance 30 Relevant experience and qualifications of key personnel!, including key personnel of subcontractors, and experience and qualifications of subcontractors 25 Proposer's approach to providing the services requested in this solicitation to include programmatic offering 20 1. Proposed public benefit of services offered 15 . V Q I S. TOTAL TECHNICAL POINTS 90 0 0 Proposer's Proposed Compensation 10 6 ciJ TOTAL TECHNICAL and PRICE POINTS (Technical & Price rows above) 100 0 0 .1 1111/2010 EVALUATION OF PROPOSALS RFP 945385 Tennis Center Programming and Operation L,a.zaro Quintero (City of ©oral) SELECTION PROPOSERS CRITERIA Maximum Points Friends of Miami Tennis, Inc. Casely Tennis Foundation Proposer's relevant experience, qualifications, and past performance 30 2. cis 2 Relevant experience and qualifications of key personnell, Including key personnel of subcontractors, and experience and qualifications of subcontractors r 2' 2 2 '� Proposer's approach to providing the services requested in this solicitation to include programmatic offering 20 1 I '7 Proposed public benefit of services offered TOTAL TECHNICAL POINTS 15 90 / Z '3 0 i 2- 7 `i 0 Proposer's Proposed Compensation 10 (p TOTAL TECHNICAL and PRICE POINTS (Technical & Price rows above) 100 fyl 0 f 1 0 11/16/2010 EVALUATION OF PROPOSALS RFP 945385 Tennis Center Programming and Operation Rachel Furst (Mornirrgside Resident) SELECTION PROPOSERS CRITERIA i Maximum Points Friends of Miami Tennis, Inc. Casely Tennis Foundation Proposer's relevant experience, qualifications, and past performance 302- - j 2 Relevant experience and qualifications of key personnel', including key personnel of subcontractors, and experience and qualifications of subcontractors 25 2 2 Proposer's approach to providing the services requested in this solicitation to include programmatic offering 20 I 6 Proposed public benefit of services offered 15 0 12. TOTAL TECHNICAL POINTS 90 -0' 5 .8° 10 Proposer's Proposed Compensation 10 L\ 5 , 11/16/2010 EVALUATION OF PROPOSALS RFP 945385 Tennis Center Programming and Operation Cynthia Casanova (City of Miami Beach) SELECTION PROPOSERS CRITERIA Maximum Points Friends of Miami Tennis, Inc, Casely Tennis Foundation Proposer's relevant experience, qualifications, Proposer'sal )and past performance 30 i ..,.....c, Relevant experience and qualifications of key personnell, including key personnel of subcontractors, and experience and qualifications of subcontractors 25 23 4"3 41 Proposer's approach to providing the services requested in this solicitation to include programmatic offering 20 i -7 I 3 Proposed benefit of services offered p publicI 15 / •� TOTAL TECHNICAL POINTS 90l'4a,6; 2.,- , Proposer's Proposed Compensation 10 ' -Se- 44/Z7-737 � TOTAL TECHNICAL and PRICE POINTS (Technical & Price rows above) 100 , ��S 1 11I1612010 RFP 945385, Tennis Center Programming and Operations at Morningside Park Attachment B Compensation Proposal Provide Proposer's payment proposal on this Form B "Compensation Proposal Schedule", pursuant to Section 2.22, "Compensation". The pricing includes a Flat Monthly Fee, and a percentage of monthly gross receipts as further detailed below. A. The Successful Proposer proposes to pay the City $ 500.00 per month (Year 1). $ 750.00 per month (Year 2). $1 000.00 per month (Year 3). B. The Successful Proposer proposes to pay the City 6% of its gross receipts related to the operation of the Tennis Center. This amount will be paid to the City on a quarterly basis. Notes: The Flat Monthly Fee may be adjusted upward at the end of the initial Agreement term, in accordance with Section 2.23, Consumer Price Index (CPI). The percentage of gross receipts will remain fixed and firm throughout the duration of the Agreement, to include any renewals and/or extensions. Bruce Boiko, President Date SUPPLEMENT TO COMPENSATION PROPOSAL In addition to the negotiated changes in compensation amount and frequency, the following provisions were agreed upon by the City and FOMT during negotiations and shall be incorporated into the Agreement 1. FOMT shall maintain the current City resident hourly open play rates for one (1) year, then increase them by one dollar ($1) for the remainder of the contract term; 2. FOMT shall assume management and operation of the currently City -administered "City Clinic" tennis program, at the program's current level of operation and pricing for a minimum of six (6) months after FOMT's commencement of operations at the Tennis Center. At the end of the initial six (6) month period, FOMT and the Department of Parks and Recreation will mutually determine whether or not to continue the City Clinic program for one (1) additional six (6) month period. Additionally, the City and FOMT agree that no new participants will be added to this program by the City beyond the effective date of the Agreement; 3. FOMT shall honor the existing seven (7) City of Miami annual passes issued for tennis court use until the expiration of these annual passes; and 4. FOMT shall ensure that at least two (2) tennis courts are available for open play at all times. Bruce Boiko, President Date FROM : CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Emilio T. Gonzalez, Ph.D. City Manager ,ie Perez, CPPO D/rector, Procurement Department DATE : October 17, 2018 FILE : SUBJECT: Evaluation Committee for RFP 945385, Tennis Center Programming and Operations REFERENCES: ENCLOSURES: The Parks and Recreation Department ("Parks"), through the Procurement Department, issued Request for Proposals ("RFP") No. 945385 on September 19, 2018, for the programming and operation of a tennis center at Morningside Park. It is respectfully requested that you approve the following individuals as members of the Evaluation Committee to evaluate and score the proposals. Each has the requisite knowledge and experience to evaluate the proposals pursuant to the RFP. City of Miami Staff (voting) Lara De Souza, Deputy Director, Department of Parks and Recreation Zhaoming Guan, Superintendent of Recreation, Department of Parks and Recreation External Team Members (voting) Lazaro Quintero, Assistant Director, City of Dora! Parks and Recreation Rachel Furst, Morningside Resident Cynthia Casanova, Assistant Director, City of Miami Beach Parks Department Alternates Noel Cubella, Park Manager II, City of Miami Department of Parks and Recreation APPROVED: DATE: Emilio onzalez, Ph. City M ager AP:cj Cc: Nzeribe Ihekwaba, Assistant City Manager and Chief of Infrastructure Yadissa Calderon, CPPB, Assistant Director, Procurement PR 19012 6/6/2019 Detail by Entity Name DIVISION OF CORPORATIONS r�DIv in!IUj org vp( p AyTrC - -- un ot/1riul �rur� oJalrir ;� ;srh:1:Y Department of State / Division of Corporations / Search Records / Detail By Document Number / Detail by Entity Name Florida Not For Profit Corporation FRIENDS OF MIAMI TENNIS, INC. Filing Information Document Number N07000003657 FEI/EIN Number 75-3237942 Date Filed 04/09/2007 State FL Status ACTIVE Principal Address 11767 South Dixie Highway Suite 500 Pinecrest, FL 33156 Changed: 01/05/2017 Mailing Address 11767 South Dixie Highway Suite 500 Pinecrest, FL 33156 Changed: 01/05/2017 Registered Agent Name & Address Boiko, Bruce, Esq. 5801 SW 74 Terrace #6 South Miami, FL 33143 Name Changed: 01/09/2014 Address Changed: 08/30/2015 Officer/Director Detail Name & Address Title President, Treasurer BOIKO, BRUCE M 5801 SW 74 Terrace #6 South Miami. FL 33143 search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=FRIENDSM IAM I.. 1/3 6/6/2019 Detail by Entity Name Title Director DENNIS, ALBAIJES 11767 South Dixie Highway Suite 500 Pinecrest, FL 33156 Title Director Tollefsen, Donna 1750 NE 191 Street D829 North Miami Beach, FL 33179 Title Director Gibson, Carolyn 11767 South Dixie Highway Suite 500 Pinecrest, FL 33156 Annual Reports Report Year Filed Date 2017 01/05/2017 2018 01/10/2018 2019 01/16/2019 Document Images 01/16/2019 -- ANNUAL REPORT 01/10/2018 -- ANNUAL REPORT 01/05/2017 -- ANNUAL REPORT 03/02/2016 — ANNUAL REPORT 08/30/2015 -- AMENDED ANNUAL REPORT 04/16/2015 -- ANNUAL REPORT 01/09/2014 -- ANNUAL REPORT 01/25/2013 -- ANNUAL REPORT 01/05/2012 -- ANNUAL REPORT 07/27/2011 -- ANNUAL REPORT 04/27/2011 -- ANNUAL REPORT 09/27/2010 — Reg. Agent Change 01/22/2010 -- ANNUAL REPORT 04/28/2009 -- ANNUAL REPORT 02/20/2008 -- ANNUAL REPORT 04/09/2007 -- Domestic Non -Profit View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format J search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetait?inquirytype=EntityName&directionType=Initial&searchNameOrder=FRIE NDSM IAM I... 2/3 FRIENDS of MIAMI TENNIS, INC. PROPOSAL for TENNIS CENTER PROGRAMMING and OPERATIONS at MORNINGSIDE PARK RFP 945385 Submitted by: Friends of Miami Tennis, Inc. FEIN #: 75-3237942 11767 South Dixie Highway Suite 500 Bruce M. Boiko, President Pinecrest, Florida 33156 FOMT@bellsouth.net CeII: 305-934-4336 TABLE OF CONTENTS Page Title Page Table of Contents 2 Executive Summary 3 Proposer's Minimum Qualifications per Section 2.7 4 Experience / Qualifications / Past Performance 5 Key Personnel 8 Proposed Approach to Providing the Services 10 Proposed Public Benefit 17 Proposed Compensation (Attachment B) 18 Letter of Recommendation 19 Letter of Recommendation 20 Letter of Recommendation 21 Attachment A 22 Attachment B 26 Certification Statement 27 Certification 28 Executive Summary On behalf of Friends of Miami Tennis, Inc., a community tennis association certified by the United States Tennis Association (hereinafter "FOMT") we are proud to present our submission in response to the referenced RFP 945385, Tennis Center Programming and Operations at the recently renovated Morningside Tennis Center ("Tennis Facility"). The offer contained in this submittal is irrevocable for the life of this RFP. FOMT fully understands and has the ability to perform the scope of services contained in the above RFP. FOMT is uniquely qualified to operate a first-class community tennis facility, as set forth below. FOMT believes it is the only proposer that both is a 501c3 and has experience managing and operating a tennis facility. Providing programming is not tantamount to managing and operating a tennis facility. We are proud to have the unqualified endorsement by the United States Tennis Association — Florida Section ("USTAFL"), as well as Miami -Dade County Parks & Recreation. FOMT's mission, we feel is better aligned with the City of Miami (the "City") than any other proposer. Our primary purpose is to offer the most varied quality tennis programming to every segment of the community at rates affordable to all. As an IRS recognized 501 (c) (3) a portion of our revenue will be put back into the Park through new programs, subsidized program fees for parents and children in need and reaching out to diverse populations (special needs, elderly, etc.) that are traditionally not targeted by for -profit entities. FOMT's experience with governmental agencies is unmatched as indicated by reviewing the attached recommendation letters from the former and current Directors of Parks & Recreation for Miami and Miami -Dade County, as well as Special Olympics and the United States Tennis Association — Florida Section. FOMT has managed tennis facilities for nine (9) years and the Board has 50+ years of tennis experience. From 2008 until the present, Friends of Miami Tennis Inc. has fully complied with a facility management contract with Miami - Dade County to manage Tamiami Tennis Park. This was the first time in their history that Miami -Dade County awarded a contract to a not for profit corporation to market, manage and operate one of their tennis facilities. Since that time they have also awarded FOMT a license to manage Ron Ehmann Park. In 2013 Friends of Miami Tennis was awarded the prestigious USTA Florida Organization of the Year. FOMT, with the backing and resources of United States Tennis Association, has the ability to introduce adaptive and cutting edge programming (e.g., cardio and Masters Tennis), red/orange/green/yellow ball through adult and seniors. Extra care will be taken to set aside courts for City residents who simply want to reserve a court for individual play. In short, our mission, as a 501c3 non-profit, is to grow tennis in the City by making the Park a flagship facility and a model for all to be proud of. FOMT has a long history of delivering unique and exciting tennis events to the general community to promote tennis and tennis facilities. FOMT is able to implement its overall plan for all tennis sites normally within 30 business days of contract execution. FOMT shall not delegate or use subcontractors for the programming or other operations at Morningside Tennis Center. Please visit our site at 'rtos:i/ww+w.friendsofmiarnitennis.com Any project under our name must meet a standard of excellence. As a not -for -profit, programming, tennis facility management and customer service decisions are driven by community satisfaction and not by "the bottom line". Fri �itle: Dated: 3 Proposer's Minimum Qualifications per Section 2.7 #1 Florida Document Number N07000003657 filed April 9, 2007 evidencing Not for Profit corporation. #2 IRS Letter dated December 3, 2008 evidencing 501c IRS tax exempt and not for profit status. #3 Certificate of Insurance ($1,000,000 / $2,000,000) #4 2018 Local Business Tax (applied 2019) #5 Florida Sales Tax Exemption Certificate #6 USTA Certificate of Membership #7 2017 Profit & Loss Statement Prior experience in operating and managing tennis centers (Tamiami, J.D. Redd and Ron Ehmann) since 2008. FOMT has no pending, or past, bankruptcies, lawsuits, criminal activities or conflicts of interest, with the City or any other governmental agency. Neither FOMT, nor any director or officer, is in arrears or in default of any debt or contract involving the City, nor has FOMT failed to perform faithfully on any contract. Bruce Biiko, Pre 4 rmndaDepartment mState nmur""" of mate / omsi=mc"""ratw" / nz�aw.n"mrd" / Ntail a.n=""ie" m"°t-a,/ DIVISION =c"",OR°,IO" Detail by Entity Name Florida Not For Profit Corporation FRIENDS OFMIAM|TENNIS, INC. Filing Information Document Number m07000003657 FEVE|Nmumu=, 75-3237942 Date Filed 04m9/2007 state FL Status ACTIVE Principal Address 11787South Dixie Highway Sui0eoUo P|necnoot.FL53150 Chunged:01/05/2V17 Mailing Address 1178TSouth Dixie Highway Suite 5V0 Pioacren.FL33158 Coungod.O105/2O1r Registered Agent Name uAddress Boiku.Bruce, Esq. 580SW74Terrace South Miami, FIL 33143 Name Changed: 01/09/2O14 Address Changed: UO/3O/2O15 omcer/DiremmDetail Name & Address Title President, Treasurer s0mO,8RUCEM sao1svv74Terrace Title Director DENNIS, ALBAIJES 11767 South Dixie Highway Suite 500 Pinecrest, FL 33156 Title Director, Secretary Johnston, Cynthia 4000 Towerside Terrace Unit 2012 Miami Shores, FL 33138 Title Director Tollefsen, Donna 1750 NE 191 Street D829 North Miami Beach, FL 33179 Annual Reports Report Year Filed Date 2015 04/16/2015 2016 03/02/2016 2017 01/05/2017 Document Images •!;05/2017 -- ANNUAL. REPORT 03/02120113— ANNUAL REPORT alaW2P1 5 — takilE.NPEQ ANNUM—RE:PQM: NIL WIT 5 — ANULJALEEPOPT 01/09/2014 — ANNUAL REPORT 01/25/2013 — ANNUAL REPORT — ANNUAL REPORT 07/27/2011-- ANNUAL REPORT 041271201 1 — ANNUAL REPORT 09127/2010 — Pea. Agent Chanae 01122/010— ANNUALREPORT 04/28/2009 — ANNUAL RPPOPT 02/29/2008 ANNUALREPORT 04/090007 — Dorneelic Non -Profit DE format in PDF PLTT fnun,:n View Jforma1 View rmane in PDF format image in PL:i age in P77 image in PDFL View image in PDF format View image in PDF format FIOIod perttnen[ of State. r..,iston of Corrorabons INTERNAL REVENUE SERVICE P. O. BOX 2508 CINCINNATI, OH 45201 Date: DEC 3 ' 2008' FRIENDS OF MIAMI TENNIS INC PO BOX 560067 MIAMI, FL 33256-0067 Dear Applicant: DEPARTMENT OF 'r'H1 TREASURY Employer Identification Number: 75-3237942 DLN: 17053073301038 Contact Person: CASEY A SUTFIELD ID# 31474 Contact Telephone Number: (877) 829-5500 Accounting Period Ending: December 31 Public Charity Status: 509(a)(2) Form 990 Required: Yes Effective Date of Exemption: April 9, 2007 Contribution Deductibility: Yes Addendum Applies: No We are pleased to inform you that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code. Contributions to you are deductible under section 170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status, you should keep it in your permanent records. Organizations exempt under section 501(c)(3) of the Code are further classified as either public charities or private foundations. We determined that you are a public charity under the Code section(s) listed in the heading of this letter. Please see enclosed Publication 4221-PC, Compliance Guide for 501(c)(3) Public Charities, for some helpful information about your responsibilities as an exempt organization. Letter 947 (DO/CG) FRIENDS OF MIAMI TENNIS INC We have sent a copy of this letter to your representative as indicated in your power of attorney. Enclosures: Publication 4221-PC Sincerely, Robert Choi Director, Exempt Organizations Rulings and Agreements Letter 947 (DO/CG) ACORN® AC� CERTIFICATE OF LIABILITY INSURANCE DATE (MWDD/YYYY) 12/22/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Arthur J. Gallagher Risk Management Services, Inc. 200 Jefferson Park Whippany NJ 07981 CONTACT NAME: PHONE 973-635-1800 FAX 973-921 2876 (A/C No,Fxt); wc. No)• AD RESS• INSURER(S) AFFORDING COVERAGE NAIC t INSURER A :National Surety Corporation 21881 INSURED UNITSTA-54 Friends of Miami Tennis Inc. 11767 South Dixie Highway Suite 500, Pinecrest FL 33156 INSURER a :Fireman's Fund Insurance Company 21873 INSURER C : INSURER D INSURER E : INSURER F : E CERTIFICATE NUMBER: 480199808 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ILTR TYPE OF INSURANCE INSD I WVD POLICY NUMBER M/POLICY EFF POLICY EXP LIMITS (MDD/YYYY) (MM/DD/YYYY) A x COMMERCIAL GENERAL LIABILITY Y XXC80508517 12/31/2017 12/31/2018 EACH OCCURRENCE $1,000,000 I CLAIMS -MADE 1 X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $1.000,000 MED EXP (Any one person) $EXCLUDED PERSONAL & ADV INJURY $1.000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 52,000,000 POLICY l PECOT- I LOC PRODUCTS - COMP/OP AGG $1,000,000 1 OTHER: $ A AUTOMOBILE LIABILITY i ANY AUTO XXC80508517 12/31/2017 12/31/2018 O aBINdEDISINGLE LIMIT $1,000,000 BODILY INJURY (Per person) $ —I OWNED I SCHEDULED AUTOS ONLY I I AUTOS BODILY INJURY (Per accident) $ HIRED :NON -OWNED X I AUTOS ONLY I X ' AUTOS ONLY PROPERTY DAMAGE )Per accident, $ $ A UMBRELLA LIAB I OCCUR EXCESS LIAB 1 1 CLAIMS -MADE XAE00058156100 12/31/2017 ' i 12/31/2018 EACH OCCURRENCE $2,000,000 _ AGGREGATE $2.000,000 1 DED 1RETENTION $ $ i WORKERS ANDEMPLOYERS'LIABILITY ANY OFFICER/MEMBER (Mandatory If yes, DESCRIPTION COMPENSATION Y/N N / A • PER OTH- :STATUTE' I ER E.L. EACH ACCIDENT $ PROPRIETOR/PARTNER/EXECUTIVE EXCLUDED" E.L DISEASE - EA EMPLOYEE $ in NH) describe under OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B Accident Medical Participants Renewal of FR0032 12/31/2017 12/31/2018 AD&D $25,000 Accident Med Excess $25,000 Benefit Period 52 Weeks DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is requi ed) Adult and junior tennis programs Dates: January through December, 2018 Location: Miami -Dade County tennis facilities Miami -Dade County is named as additional insured with respect to the negligence of the named insured. CERTIFICATE HOLDER CANCELLATION Miami -Dade County Risk Management, Room 2340 275 NW 1 Street Miami FL 33128 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and Togo are registered marks of ACORD *0000221AT35390419 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGE IN INFORMATION PAGE INSURER: HARTFORD UNDERWRIT NCCI Company Number - POLICY EFFECTI DATE 01/0 Policy Number: 2 Effective Date: 0 Named Insured and A • U E COMPANY 56 AUDIT PERIOD: ANNUA 9/18 POLICY EXPIRATION DTE: 01/09/19 WEC AT3539 Endorsement Number: 03 HOUSIN CODE: DV /09/18 ective hour is the same as stated in the Information Page dress: FRIENDS OF MIAMI TENNIS INC. 11767 S DIXIE HWY STE 500 PINECREST, FL 33156 FEIN Number: 753237942 PRODUCER NAME: INSOURCE/PHS It is agreed that the policy is amended as follows: ANY CHANGES IN YOUR PREMIUM WILL BE REFLECTED IN YOUR NEXT BILLING STATEMENT. IF YOU ARE ENROLLED IN REPETITIVE EFT DRAWS FROM YOUR BANK ACCOUNT, CHANGES IN PREMIUM WILL CHANGE FUTURE DRAW AMOUNTS. THIS IS NOT A BILL. PRO RATA FACTOR: 1.000 PRODUCER CODE:226159 IN CONSIDERATION OF NO CHANGE IN PREMIUM IT IS AGREED THAT: MAILING ADDRESS IS AMENDED TO READ: 11767 S DIXIE HWY STE 500 PINECREST, FL 33156 Countersigned by Form WC 99 00 06 A (1) Printed in U.S.A. Process Date: 01 / 15 / 18 Authorized Representative Page 1 Policy Expiration Date: 01/09/19 ORIGINAL 000783 Local Business Tax Receipt Miami —Dade County, State of Florida -THIS IS NOT A BILL - D0 NOT PAY 6383210 BUSINESS NAME/LOCATION FRIENDS OF MIAMI TENNIS INC 111767 S DIXIE HWY #500 PINECREST FL 33156 RECEIPT NO. RENEWAL 6650965 OWNER SEC. TYPE OF BUSINESS FRIENDS OF MIAMI TENNIS INC 213 SERVICE BUSINESS C/O BEUCE BOIKO PRES Employee(s) 1 EXPIRES SEPTEMBER 30, 2018 Must be displayed at place of business Pursuant to County Code Chapter 8A - Art. 9 & 10 PAYMENT RECEIVED BY TAX COLLECTOR $49.50 10/23/2017 FPPU06-18-000968 This Local Business Tax Receipt only confirms payment of the Local Business Tax. The Receipt is not a license, permit, or a certification of the holders qualifications, to do business. Holder must comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business. The RECEIPT NO. above must be displayed on all commercial vehicles - Miami -Dade Code Sec 8a-276. For more information, visit www.miamidade.eov/taxcollector OOOOOL, 01i20/14 DEPARTMENT OF REVEI,JE Consumer's Certificate of Exemption Issued Pursuant to Chapter 212, Florida Statutes DR-14 R. 04/11 85-8015097164C-4 Certificate Number This certifies that 04/30/2014 04/30/2019 501(C)(3) ORGANIZATION Effective Date FRIENDS OF MIAMI TENNIS INC 7141 SW 139TH ST PALMETTO BAY FL 33158-1365 Expiration Date Exemption Category is exempt from the payment of Florida sales and use tax on real property rented, transient rental property rented, tangible personal property purchased or rented, or services purchased. FLORIDA " \� DEPARTMENT OF REVENUE IImportant Information for Exempt Organizations DR-14 R. 04/11 1. You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases. See Rule 12A-1.038, Florida Administrative Code (F.A.C.). 2. Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization's customary nonprofit activities. 3. Purchases made by an individual on behalf of the organization are taxable, even if the individual will be reimbursed by the organization. 4. This exemption applies only to purchases your organization makes. The sale or lease to others of tangible personal property, sleeping accommodations, or other real property is taxable. Your organization must register, and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this requirement except when they are the lessor of real property (Rule 12A-1.070, F.A.C.). 5. It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third-degree felony. Any violation will require the revocation of this certificate. 6. If you have questions regarding your exemption certificate, please contact the Exemption Unit of Account Management at 800-352-3671. From the available options, select "Registration of Taxes," then "Registration Information," and finally "Exemption Certificates and Nonprofit Entities." The mailing address is PO Box 6480, Tallahassee, FL 32314-6480. CERTIFICATE OF MEMBERSHIP to Friends of Miami Tennis Inc 2002040614 04/2021 Expiration Date Membership Number / ,/Katrina Adams Chairman, CEO & President 9'58 AM 01/08/18 Accrual Basis Friends of Miami Tennis, Inc. Profit & Loss January through December 2017 JD Redd Ron Ehmann Tamiami TOTAL. Ordinary Income/Expense Income Program Income Round Robin 0.00 1,128.00 2,532.50 3,660.50 School Programs 0.00 0.00 4,516.00 4,516.00 Junior Clinics 17,424.10 34,903.00 123,119.60 175,446.70 Private Lessons 130.00 127,734.85 89,156.50 217,021.35 Adult Clinics 1,091.00 10,645.00 3,982.00 15,718.00 Junior Team Tennis 0.00 73.00 8,028.00 8,101.00 Toumaments 0.00 2,663.00 14,505.61 17,168.61 Court Fees 0.00 23,460.33 13,160.00 36,620.33 Summer Camp 310.00 6,895.00 32,433.50 39,638.50 Leagues 0.00 22,699.00 0.00 22,699.00 Volleyball Court Fees 0.00 3.00 1,260.00 1,263.00 Total Program Income 18,955.10 230.204.18 292,693.71 541,852.99 Miscellaneous Revenue Refreshments 99.00 4,483.00 6,370.97 10,952.97 Other 0.00 789.85 1,487.00 2,276.85 Total Miscellaneous Revenue 99.00 5,272.85 7,857.97 13,229.82 Total Income 19,054.10 Expense Personnel Expenses 235,477.03 300,551.68 555,082.81 Payroll 2,054.20 25,628.00 126,159.75 153,841.95 Payroll Taxes 104.73 2,215.98 9,805.28 12,125.99 Independent Contractors 27,579.00 108,214.00 118,260.00 254,053.00 Commissions Earned / Paid 0.00 12,242.00 4,054.00 16,296.00 Personnel Expenses - Other 0.00 2,055.50 0.00 2,055.50 Total Personnel Expenses 29,737.93 150,355.48 258,279.03 438,372.44 Operations Camp Supplies 0.00 341.50 318.65 660.15 Round Robin Expenses 0.00 234.02 703.00 937.02 Refreshments 266.98 2,434.46 3,960.30 6,661.74 Shirts 100.00 243.35 2,063.75 2,407.10 Background Checks 89.85 666.10 55.95 811.90 Rent 6,000.00 16,452.95 6,050.00 28,502.95 Equip Rental and Maintenance 0.00 150.00 66.78 216.78 Junior Team Tennis Fees 0.00 320.00 615.00 935.00 Tournament expense 0.00 2,181.73 15,375.67 17,557.40 Tennis Equipment & Supplies 0.00 1,963.03 6,966.78 8,929.81 Total Operations 6,456.83 24,987.14 36,175.88 67,619.85 Business Expenses Gifts 0.00 1,300.00 0.00 1,300.00 Bank Chrgs / CC Fees / ADP Fees 514.82 2,625.12 8,006.13 11,146.07 Insurance - Liability, D and 0 0.00 9,657.25 0.00 9,657.25 Licenses / Taxes 0.00 747.00 0.00 747.00 Conference, Convention, Meeting 22.00 0.00 1,915.36 1,937.36 Consulting 5,850.00 12,975.00 7,125.00 25,950.00 Legal Fees 0.00 265.00 1,371.20 1,636.20 Telephone, Telecommunications 1,146.63 1,238.10 1,341.68 3,726.41 Office Equipment and Supplies 0.00 458.42 846.50 1,304.92 Postage, Mailing Service 0.00 0.00 40.80 40.80 Accounting Fees 1,200.00 5,400.00 1,200.00 7,800.00 Marketing 150.00 1,953.06 1,605.27 3,708.33 Total Business Expenses 8,883.45 36,618.95 23,451.94 68,954.34 Total Expense 45,078.21 211,961.57 317,906.85 574,946.63 Net Ordinary Income -26,024.11 23,515.46 -17,355.17 -19,863.82 Page 1 10:32 AM 118/18 Accrual Basis ASSETS Current Assets Checking/Savings Petty Cash Wells Fargo-Tamiami-7004 Capital Bank -JD Redd-1806 Wells Fargo -Ron Ehmann-6385 Total Checking/Savings Friends of Miami Tennis, Inc. Funds Balance Sheet As of December 31, 2017 Tamiami Ron Ehmann JD Redd TOTAL 0.00 40.00 0.00 40.00 4,872.88 0.00 0.00 4,872.88 0.00 0.00 1,105.90 1,105.90 0.00 25,866.41 0.00 25,866.41 4,872.88 25,906.41 1,105.90 31,885.19 Other Current Assets Exchange -1,066.61 -1,615.89 301.18 -2,381.32 Total Other Current Assets -1,066.61 -1,615.89 301.18 -2,381.32 Total Current Assets 3,806.27 24,290.52 1,407.08 29,503.87 Other Assets Due To/ From other Sites-173,085,14 165,274.14 7,811.00 0.00 Total Other Assets -173,085.14 165,274.14 7,811.00 0.00 TOTAL ASSETS -169,278.87 189,564.66 9,218.08 29,503.87 LIABILITIES & EQUITY Liabilities Current Liabilities Other Current Liabilities USTA FL Loan 0.00 20,000.00 0.00 20,000.00 Total Other Current Liabilities 0.00 20,000.00 0.00 20,000.00 Total Current Liabilities 0.00 20,000.00 0.00 20,000.00 Total Liabilities 0.00 20,000.00 0.00 20,000.00 Equity Unrestricted Net Assets Net Income Total Equity TOTAL LIABILITIES & EQUITY -151,923.70 146,049.20 35,242.19 29,367.69 -17,355.17 23,515.46 -26,024.11 -19,863.82 -169,278.87 169,564.66 9,218.08 9,503.87 -169,278.87 189,564.66 9,218.08 29,503.87 Page 1 Experience / Qualifications / Past Performance Friends of Miami Tennis, Inc. (FOMT), is a Florida not -for -profit corporation and has been granted 501(c)3 status by the IRS. Incorporated in 2007 for the purpose of promoting and growing tennis in Miami. Our mission is to work with parks, tennis professionals and our local community in Miami to promote the healthy lifestyle of tennis by exposing our wonderfully diverse community to our lifetime sport. Our goal is to provide quality tennis programming and service to the residents of the City of Miami at a reasonable cost in a welcoming environment at your beautiful Morningside Tennis Center. Friends of Miami Tennis, Inc. is a community tennis association (CTA) governed by a dynamic and diverse, volunteer member board of directors with a part-time Executive Director, full time Director of Tennis, marketing/social media specialist and a USTA liaison as a consultant. Our board has a combined total of over 50+ years of volunteerism and experience in the management, operation and promotion of tennis delivery in the state of Florida. FOMT has liability and accident insurance coverage, experience in applying for USTA grants, and access to Tournament Data Management System (TDM). It is this collaboration with the USTA that has allowed us to offer many instructional seminars in our community which have improved quality and quantity of tennis programs in the Miami -Dade County area and to secure funding for the construction of 8 new tennis courts. This construction at Tamiami Tennis Center was a milestone — making it the first facility in the United States to build permanent 36 foot, 60 foot and blended lines on all full size courts all at no cost to the County. As a result, we have developed strong management procedures and standards and have gained valuable experience. Our staff consists of experienced personnel and certified teaching professionals. We have created a top caliber tennis program beneficial to Miami -Dade County and to the community which we serve. As a result of this success, Friends of Miami Tennis had been awarded a license to manage and operate J.D. Redd Tennis Park in the City of Homestead and Ron Ehmann Tennis Park in Miami Dade County. In 2013 Friends of Miami Tennis was awarded the prestigious USTA Florida Organization of the Year. FOMT's expertise is in the management, operations and programming of tennis facilities and tennis tournaments and events — and has been for 10 years. Through efficient planning and scheduling we are able to maximize our programming while providing ample availability of courts for open play. Our well -trained, professional staff will be involved in every aspect of the day to day operations of a tennis facility including, but, not limited to: • Court Reservations and Scheduling • Fee Collection and Accounting • Record Keeping and Calendar Management • Customer Service • Daily Maintenance 5 • Programming • Community Outreach • Marketing A Head Tennis Pro, to be selected upon being awarded the bid, will run the day-to-day operation of the Tennis Facility and report directly to the Executive Director, Bruce Boiko. The Head Pro will be selected to fit the Tennis Facility with an emphasis on an engaging personality without sacrificing excellence in customer service and technical experience. FOMT will have a dedicated staff of USPTA certified tennis professionals and friendly pro shop personnel that have passed the necessary background investigations. We have very high standards of professionalism and stress security by requiring our personnel to have identification tags and uniform shirts with a distinct Tennis Facility logo, making them readily identifiable as FOMT personnel. FOMT ensures the professionals we employ are legally and lawfully living in the United States. We do not tolerate irresponsible, unprofessional or inappropriate behavior of any nature and have zero tolerance for any behavior that in any way endangers or intimidates our customers including, but, not limited to drug or alcohol use. We hire and train professionals, and expect our staff to always act in a courteous, respectful manner. FOMT will be hands-on and does not plan to retain any subcontractors. Neither FOMT, nor any director or officer, is in arrears or in default of any debt or contract involving the City, nor has FOMT failed to perform faithfully on any contract. Past Experience —Miami Dade County awarded FOMT a contract to operate and manage Tamiami Tennis Center that was chained closed for years post -hurricane. Since 2008 that contract has been consistently renewed and Miami Dade County received rent and facility improvements exceeding $100,000.00. Subsequently in 2015 Miami -Dade County awarded another tennis center to FOMT - Ron Ehmann Tennis Center— and has received rent increases each year. The total receipts for the last three years totals $54,000. The City of Homestead also awarded FOMT a 5 year contract to operate and manage its 8 court facility and notwithstanding a lack of tennis activity, FOMT honored its financial commitments to the City. Those contracts, similar to the City of Miami's current Morningside RFP, require total operation and management of a tennis pro shop and multi -court facility. Certified Audit. A copy of FOMT's latest CPA audit is attached and included as part of this RFP. References. Submitted with this RFP are three (3) references from highly placed individuals who have extensive experience with both public and private tennis facilities and the delivery of tennis services and programs to the general public. Letters of Recommendations from: 6 Letters of Recommendations (see pp. 19-21): Maria Nardi, current Director, Miami -Dade County Park & Recreation Jack Kardys, former Director, Miami -Dade County Park & Recreation Doug Booth, immediate past Executive Director, United States Tennis Association —Florida 8 Key Personnel The FOMT Board of Directors has over 50 years of volunteerism & experience in the management, operational excellence and the promotion of tennis in the State of Florida. Bruce Boiko, President / Treasurer • President — Friends of Miami Tennis • USTA Florida Hall of Fame • USTA Florida General Counsel • Miami -Dade County Tennis Hall of Fame • Past President of USTA Florida • Merit Award — USTA Florida • Past USTA National Grievance Chair Donna Tollefsen, Director • Michael -Ann Russell Jewish Community Center —Director of Tennis • Program Director & Director of Summer tennis camp • USPTA District President • USTA 10 & under Certified • FTA Senior League Coordinator • USTA Junior League Coordinator Dennis Albaijes, Director • Friends of Miami Board member since 2013. • Chair, Grant Committee for FOMT • Chair, Website and Social Media Committee for FOMT Carolyn Gibson, Director • Carolyn served a 31- year career with the Miami Dade Parks Recreation and Open Spaces, retiring in 2012 from her position as Regional Manager. • A native of Miami, Florida where she spent her childhood and teen years. • Educated in the Dade County Public School system, Carolyn earned a Bachelor's of Public Administration Degree from Barry University. • Obtained a Master's of Science Management Degree from Saint Thomas University in Miami. • An avid tennis player, playing college tennis as a member of the tennis team for two years. 9 • Currently serves as an active volunteer for the United States Tennis Association in Miami Dade County and on a Miami -Dade Advisory Committee for Parks and Recreation. • Carolyn serves as the ministry leader of the Usher/Greeter ministry of New Life Baptist Church of Carol City. Head Pro—TBD. FOMT interviews an array of prospective Head Pro candidates and makes the final selection upon being awarded the bid for the REP. The Head Pro is selected based upon the best "fit" with the community being served. • FOMT, upon award of the RFP, will interview and retain a highly qualified Head Pro that has business and administrative acumen, an engaging personality and USPTA certified tennis skills. • Retain tennis professionals that will allow junior tennis clinics to have no more than 6 on a court, with 4-5 as an optimum number. • Pro shop attendants that are courteous, personable, and administratively qualified. • All staff will be required to wear FOMT supplied shirts with FOMT logo. All staff will have access to, and be required to comply with, a FOMT Operations Manual. 10 Proposed Approach to Providing Services The approach is simply to provide the Morningside community, City of Miami residents and the general public an excellent tennis experience at a first-class facility at reasonable rates. FOMT will outreach to assure that every segment of the community is included. Our approach is to view the City as our partner, and as such, we expect to "put something back" to the community in the form of scholarships for families in need, site improvements and free events. As a partner, we employ an integrated software system which will allow the City to remotely log in 24/7 to view participation and revenue, by category, at the Tennis Facility on a daily basis.* As an IRS recognized 501 (c)(3) organization our revenue will be put back into the Tennis Facility through new programs, free community events, subsidized program fees for parents and children in need and reaching out to diverse populations (special needs, elderly, etc.) that are traditionally not targeted by for - profit entities; adaptive and cutting -edge programming (e.g., cardio and Masters Tennis); red ball (3 years and up) through adult; and programs for senior play. Extra care will be taken to set aside courts for players who simply want to reserve a court for individual play. In lieu of dictating the tennis programs available to the community, FOMT will engage the community through "meet and greet", surveys and suggestion box, Free Tennis days, etc. to determine what the tennis community desires. To assure that the level of excellence FOMT expects will be continuously maintained FOMT staff will be tasked with: ❖ Oversight of tennis operations and maintenance ❖ Quality control / review customer comments and satisfaction surveys ❖ Review vendor contracts and any subcontracts ❖ Coordinate special events and tournament sanctions • Monitor financials Our expertise is in the management, operations and programming of community tennis centers. FOMT has a proven track record for court optimization. Through efficient planning and scheduling we can to maximize our programming while providing ample availability of courts for open play. Our well -trained, professional staff that is involved in every aspect of the day to day operations of a tennis facility including, but, not limited to: • Court Reservations and Scheduling • Fee Collection and Accounting • Record Keeping and Calendar Management • Customer Service • Daily Maintenance 11 * FOMT facilities use Tennisdirector.com a software program which will allow the City to log in and monitor our revenue by categories on a daily, weekly monthly and annual basis. Programming: All of our staff have annual background checks and are certified with USPTA and have attended a USTA 10U Coaches workshop. Our experienced staff uses the latest teaching methods to provide superior programming for adults and junior players of all levels. TENNIS LESSONS • Clinics generally have a maximum 4/5 to 1 player to coach ratio • Private lessons available for Adults and Juniors by our certified staff • Beginner, Intermediate and Advanced Clinics for Adults o Beginner series for those adults new to tennis o Advanced clinics for league and tournament adult players o Men and Women doubles strategy clinics o Senior tennis modified for those players who still want to play using a shorter court and slower pace ball. o Cardio Tennis for players looking to improve their game and get a great workout while having fun! (early AM and late PM classes for those who work) • Beginner, Intermediate and Advanced Clinics for Juniors o FOMT Follows the youth pathway of the tennis industry and USTA specializing in getting young players into tennis in a fun and successful way. Junior programs are customized by age and ability with a clear pathway into competition. • Eight and under tennis (ages 3-8 using mini nets and special balls) • 10 and Under Tennis format (Red Ball, Orange Ball and Green Dot Ball) • Yellow ball instruction for all levels of play o High -Performance Clinics • Our high-performance coaches work with each player to maximize their potential. Our goal is to have them get an opportunity to be offered college scholarships through their love of tennis. Our coaches work with the student to make sure they work to get the right fit for their tennis and academic goals o Home School Program CAMPS FOMT camps provide players an opportunity to take their game to the next level, make new friends and have a lot of fun. Our staff is experienced in working with young players, from beginners to national campions. • Camps offered for Spring, Winter and Summer 12 • Camps are a perfect opportunity to introduce those young players that might be new to tennis in a fun atmosphere • Day camps for teacher workdays JUNIOR TEAM TENNIS FOMT is actively involved with USTA Junior Team Tennis having teams at all levels and age divisions. • FOMT players have advanced to USTA National JTT Championship • Our teams have participated in all the USTA Sectional Team Tennis Championships • Our coaches support the importance of JTT to help sharpen player's skills, and more have match play in a fun competitive atmosphere. • Coaches accompany their teams to matches giving support. LEAGUE PLAY/TOURNAMENTS • FOMT has been awarded 15 USTA Sanctioned Junior Tournaments for players of all ages and levels. • USTA Level 8 Tournaments which are geared for the beginner player • Miami Junior Open partnered with the Mayors Youth sports program and the Miami Open • Junior Fun Round Robins • Adult League Play (USTA and South Florida Women's Doubles Tennis League) • Adult Tournarnents and Ladders • Adult Open Social Play and Round Robins • Adult Mixed Doubles Match Play (Social and Competitive) OTHER • Middle and High School Tennis (practice, matches and instruction as needed) • Special Populations programs working with Special Olympics Special Programming and Events for the community including but not limited to: • FREE Tennis Block Parties • Tennis Play Days • Wheel Chair Tennis • "Battle of the Camps" • Hosting School Field Trips • Grand Slam Events • Tennis Boot Camp • Scholarship of Eligible City of Miami -residents • Miami Open Junior Cup with finals taking place at the Miami Open 13 • XGlow (glow in the dark tennis) Tennis Equipment - Friends of Miami Tennis Inc. will provide all the equipment and supplies needed to conduct our programs. All of our equipment is age appropriate and is maintained in good and safe operating order. Our staff will work diligently to ensure a safe, clean and welcoming work environment. Pro -shop - FOMT will staff and stock the pro -shop with tennis related equipment (balls, wristbands, hats, clothing and sunscreen), drinks, healthy food and snacks. The pro shop will be staffed during hours of operation. We will also provide stringing services and children tennis equipment. MARKETING: Summary This proposal outlines the marketing services and support that FOMT would provide to Morningside Tennis Center, as part of the complete management services provided to the facility. FOMT has used a graphic design and marketing expert to outreach to the business and residential community which will establish and foster relationships that will grow/nurture the Morningside Tennis Program. Web Site FOMT maintains a dedicated, professionally designed, mobile -enabled web site for the Morningside Tennis Center, including the following information and actions: Overall branding and facility information Staff contacts and bios Program information Court reservations Online payments Upcoming and past events The Morningside Tennis Center will be highlighted directly on the--iendsofmiamitennis.com web site as a "FOMT Managed Facility" and consumers looking for places to play in Miami- Dade County would be directed to the Morningside Tennis Center first, as a top choice. The FOMT website is user friendly and updated regularly making it as easy as possible to keep the community informed. Social Media FOMT will create and administer Facebook and (as needed) related social media accounts for the facility to assist with information, consumer outreach and engagement, marketing and promotions. 14 FOMT will also leverage our main social media channels, which have extensive reach, through tailored posts created by the marketing team to increase and expand the digital reach of the Morningside Tennis center. Social media is used as a main channel to inform our patrons about our daily and weekly activities, recent accomplishments, upcoming events, videos, and tennis tips. The Morningside Tennis Community will look to the main social media outlet, Facebook, for the most recent news FOMT has to share. The FOMT marketing team will work one on one via phone, email, and in person meetings with the Head Pro of Morningside to provide information that will assist in the creation of unique posts for the Morningside Tennis Center. Advertising/Promotion FOMT's Marketing team will produce and execute a marketing plan designed to attract new consumers to the tennis center and improve retention and engagement among existing participants. Tactics included in the plan will include a re -launch event; additional FREE community events each year; local advertising and media outreach; photo, video and print marketing content to be used in all promotions. FOMT marketing team will target local businesses to cross promote with as well as become partners with local schools. By becoming partners with the local schools FOMT will be able to distribute marketing ephemera to the schools and grow the tennis program at Morningside. Another tactic to retain consumers is through our monthly e-newsletter sent to all facilities by our marketing director. The Morningside Head Pro will give monthly input regarding any important events, tournaments, or classes that will be coming up for the next month and it will be included in the newsletter that will be sent out to all facilities run by FOMT The marketing team will also work with the Head Pro of Morningside to assess and execute the particular facilities' and patron's needs including posts regarding Tournaments, key information for monthly E- newsletter, most improved, recent accomplishments of students in competition and more. Marketing Staff Support FOMT's graphic design/marketing team will publish a calendar of events, assist with its social media to the communities it serves, a vibrant website with pictures of children that participate in its programs. Videos with tennis tips for adults are regularly uploaded from our three Head Tennis professionals. Our Facebook page is constantly updated with postings. FOMT grants scholarships to Miami families in need and all tennis pros are required to donate pro bono time at two events per year. Our experience has taught us that teaching tennis professionals do not have the time, and normally do not have the skills or desire to market tennis programs to the business community or surrounding public/charter schools. FOMT intends to use its marketing department and community tennis service representative to fulfill this critical function. FOMT, for all of its tennis managed facilities, uses Tennisdirector.com as its cloud -based software for revenue accounting, court reservation, and customer communication. The software program will allow the City 24/7 unfettered access to log in and monitor our revenue by categories and detailed court usage on a daily, weekly, monthly and annual basis. FOMT will provide all the equipment and supplies needed to conduct our programs. All of our equipment is age appropriate and is maintained in good and safe operating order. Our staff will work diligently to ensure a 15 safe, clean and welcoming work environment. Employees will be required to take online training regarding anti -bullying and training modules provided by the U.S. Center for SafeSport. Programming: The Head Pro and our professional staff will be USPTA certified and experienced in providing superior programming for youth, adult and adaptive tennis, including: • Beginner, Intermediate and Advanced Clinics • Private Lessons • League Play (Miami and USTA Tennis Leagues) • Men and Women doubles clinics • Tournaments and Ladders • Open Social Play and Round Robins • Mixed Doubles Match Play (Social and Competitive) • Cardio Tennis (Before/After work cardio workouts) • Senior tennis programs utilizing slower equipment and shorter courts Programs for Children and Young Adults: • Beginning, Intermediate and High -Performance Clinics & Private Lessons • Eight and under tennis (ages 3-8 using mini nets and special balls) • 10 and Under Tennis format (Red Ball, Orange Ball and Green Dot Ball) • USTA Junior Team Tennis Leagues (ages 5 to 18, all levels of play) • Home -schooled children's programs • Middle and High School Tennis (practice, matches and instruction as needed) • Tennis Camps (Summer, Winter and Spring and Holiday) • Early Release day clinics • Special Population children's programs • USTA sanctioned Junior Tournaments • Home -Schooled children's clinic Proposed Fees for Programs and Services* • Clinics— Between $13 - $17 per 1 hr. clinic High Performance junior clinic - $35 per 90 min. ➢ Private - $60 hr. / $35 % hr. • Adult Group - $19 person/1hr. League — In accordance with league rules (generally $8 per player) • USTA Tournament — $43 Round Robin tournament (red/orange ball) - $20 • Camp - $225 week full day / $125 week % day Court Rental Rates (1 hr.): Day—$3.00 resident $5.00- Non resident Night -$4.00 resident $6.00- Non resident 16 Sample of Daily Tennis Operations MONDAY TUESDAY V:EDNESCAi `-URSDAY FR: S:'UrCA", SUN Private Private E Private Private Private Lessa+ _ .:,e Lesson s 9 AC;. t Lessor ;-c..C.1 Lessor s Lessor. 5 A... Pr:a_te ass:- Private Rei Safi _ 9:30 St's: Private _. Private Private Shot Lesser P, e Les s:^ 4-7yr "-__ . 10:00 C... Lessor Lessor s Lesson s Lr:c Lessor: s _-.. . Red Sail :-' _ :;odor 1030 4. -- _ :73- -_ .. .e,e _ Lessor s 3.00 Private Private Private Private 330 Orarg Lessor '_. Orerf Lessor -e:: Crarj Lessor: wee Cram Lesson Private e s 3a ' e s Ba:i e s t Sat+ _ s 4 30 7-10 yr Private 7-10 yr Private -'; r 7-11 yr Private --''t* 0 yr Privaate L _ _ _•Ssors 4'3a; OranQ e Lesion s e-. _a Orar,g e Lessor s _ ... 3a Craig e ln5c^, 5 ,c, 3a:: Lirang e Lesson luJuniorG.:: Junior Junior .. ..i. a,aiia6± 500 7-10yr i '-1:y 7-10yr .-Tyr;- 7.10yr ream Team R.5i. .rrote out 5:30 Private Grrlrtt Aca: Fr va:e = : - Private Gr,^(el -,a: Private Griyel ,.. Tenms Terris f't..t-. _ e aay. 5X" Lesson 9-15yr nigh Les;;,^ 9-13Y1 r,;r lesson 9.15vr high Lessen 9-15yr !-"eh 5 5 5 5 630 Perf Per' Per Per' ADULT 7-00 $.Ss:.7 Private A::.tt Private C .RDi Private A.ytt Pri to ROUN 0 D 7.30 S..'t Lessor 5 S-:t Lesson 5 A:i:t Lessor s 51,4t Lessor: S P.0811V S ;=") ::n; Private _ Private G:•i. Private ant. Private F.IYE- 6 30 Lessor s Lesson 5 Lessen s Lesser s 900 17 Proposed Public Benefits City of Miami residents will benefit from special pricing and other benefits, such as the ability to make priority court reservations, make payment, and accomplish this from home or their cell phone. Other public benefits would include: • Court reservations through mobile devices • FREE Tennis Block Parties • Tennis Play Days • Special Olympics Miami -Dade • Wheel Chair Tennis • Outreach to military, Hispanic, LGBTQ and African -American communities. • Hosting School Field Trips • Grand Slam Events • Tennis Boot Camp • Scholarship of Eligible City of Miami residents • USTA Team Tennis Leagues • Holiday, School Break and Summer Tennis Camps • XGlow (glow in the dark tennis) 18 Proposed Compensation Friends of Miami Tennis, Inc. has a history of financial stability. FOMT has no history of insolvency, bankruptcy or negative credit. A CPA files its required Form 990s and reviews its financial records on a quarterly basis issuing quarterly profit & loss statements. FOMT carries the required workers compensation insurance as well as premises liability, officers and directors liability insurance. Gross revenue has increased steadily since 2008. Calendar year revenue for FOMT in 2016-2018 ranged between $480,000.00 and $550,000.00. Bank accounts are maintained locally at Wells Fargo with an average reserve balance of between $20,000.00 - $30,000.00. See Attachment B annexed hereto. 19 miarnidade.gov September 29, 2017 To Whom It May Concern: Parks, Recreation and Open Spaces 275 NW 2nd Street Miami, Florida 33128 T 305-755-7800 Every Great Community has a Great Park System. Please accept this letter as my endorsement for Friends of Miami Tennis (FOMT). As the Director of the Miami -Dade Parks, Recreation and Open Spaces Department (MDPROS), 1 have had the opportunity witness first-hand, FOMT's successes, since they assumed the management and programming of the Tennis Center at Tamiami Park in 2008. The 2008 Programming Partnership Agreement was the first of its kind in our department for a Not - for -Profit 501C3 organization to operate and manage one of our tennis centers. FOMT's commitment to grow tennis in Miami Dade County has created a top notch tennis facility at Tamiami Park for all ages and abilities to enjoy. Through FMMT's efforts, Tamiami was the first tennis facility in the country to build four 36 ft, fourt 60 ft permanent kids size courts and blended lines on the six remaining 78 ft courts (at no cost to the county). We recently expanded our partnership with FOMT to include the management and programming of the Tennis Center at Ron Ehmann Park. I hold the leadership of FOMT in high regard and confidently recommend them to your municipality. I am happy to provide further information if required. Sincerely, Maria I. Nardi Director "Connecting People and Parks for Life" 1 Deuce Court, Suite 1,00 Daytona Beach, FL 32124 vruvw.ustaflorida.com • April 27, 2016 TO: Whom It May Concern: I am writing this letter in support of the Friends of Miami Tennis (FOMT) and their efforts to obtain the contract to run tennis programs at the Village of Palmetto Bay. The Friends of Miami Tennis has done a wonderful job running Tamiami Park. With the leadership of Cathy Nordlund, an employee of USTA Florida and Bruce Boiko, president of FOMT and a past president and member of USTA Florida's Hall of Fame, they both have a passion to grow community tennis programs. One of USTA Florida's key initiatives is to provide quality and consistent programming to ensure positive branding with USTA events. We are confident and know that the FOMT will run USTA programs that fit this need in the community. They have since been given other public facilities to manage due to their success. If you have any questions I would recommend a call to the leadership of Dade County Parks, Mr. Jack Kardys or George Parrado. I am confident they will give you a great assessment of the impact FOMT has had running the facilities they have been given. I know with their leadership the Village of Palmetto Bay will become a model public tennis facility meeting the needs of all tennis players in your community. I would also offer that you do thorough research on all the people\tennis management groups bidding. The tennis industry is being threatened with groups being given contracts who have a tremendous negative impact on our ability to grow our sport. Please make sure you hire someone with a track record of growing tennis in other facilities they have managed. Please give FOMT strong consideration in their bid. I am extremely confident in giving them my highest personal recommendation knowing they will do an outstanding job. Please let me know if I can provide any additional information. Sincerely, Doug Booth Executive Director Telephone (386) 671-8949 • Fax (386) 671-8948 "To Promote and Develop Tennis in Florida" zo rniamidade.gov April 25, 2016 To Whom it may Concern: Parks, Recreation and Open Spaces 275 NW 2nd Street Miami, Florida 33128 T 305-755-7800 Every Great Community has a Great Park System. 21)1 Please accept this letter as my endorsement for Friends of Miami Tennis (FOMT). As the Director of the Miami -Dade Parks, Recreation and Open Spaces, Department - (MDPROS), I have had the opportunity to witness first-hand, FOMT's successesince they assumed the management and programming of the Tennis Center at Tamiami Park in 2008. The 2008 Programming Partnership Agreement was the first of its kind tin ,our- department for a Not -for -Profit 501C3 organization to operate and manage one of our tennis centers. FOMT's commitment to grow tennis in Miami Dade County has created a top- notch - - tennis facility at Tamiami Park for all ages and abilities to enjoy. Through FOMT's efforts, Tamiami was the first tennis facility in the country to build four 36ft, four 60ft permanent kids size courts and blended lines on the six remaining 78ft courts (at no cost to the county). We recently expanded our partnership with FOMT to include the management and programming of the Tennis Center at Ron Ehmann Park. I hold the leadership of FOMT in high regard and confidently recommend them to your municipality. I am happy to provide further information if required. Sincerely, Jack Katys q1) Director (MDPROS) 7—I "Connecting People and Parks for Life" ATTACHMENT A INSURANCE DEFINITIONS, CONDITIONS, AND ADDITIONAL REQUIREMENTS The Successful Proposer agrees to provide and maintain throughout the life of this contract and at Successful Proposer's expense insurance coverage outlined herewith as applicable insuring all operations related to the contract and any extensions thereof. Workers Compensation and Employers Liability Statutory requirements per Chapter 440, Florida Statutes, as amended, are applicable, and this coverage is subject to the Laws of the State of Florida. This coverage protects against lawsuits stemming from workplace accidents. It provides for medical care to injured employees, along with compensation for lost income. Commercial General Liability It protects against accidents and injuries that occur on company property or the property of a customer. It compensates an injured person or owner of property for injuries and property damages, and the cost of defending lawsuits, including legal settlements or investigations. This policy also covers claims resulting from products exposures, libel, slander, copyright infringement, and other personal and advertisement injuries. Commercial Automobile Liability It protects against liability, no fault, medical payments, uninsured and underinsured motorists claims, collision and other than collision physical damage. In addition, this policy affords coverage on autos that are hired or borrowed or non -owned for use in the business. The non -owned can be autos owned by employees or members of their households. Non -Owned Auto exposures can be endorsed or added under the Commercial General Liability Policy. Professional/Errors and Omissions Liability Used by many professionals such as engineers, lawyers, accountants, stock brokers, financial advisers, insurance agents, court reports, dentists, nurses and teachers. It protects against the financial effects of liability lawsuits filed by clients. It basically protects professionals who cause harm to a client due to incompetence, errors , or negligence. Umbrella Liability It protects against liability and losses after primary insurance benefits have been exhausted. This supplemental coverage kicks in only after the underlined liability policies have paid their maximum benefits. Environmental Liability It protects against the financial costs of claims of injury or damage due to pollution, and other costs of cleaning up pollutants. These policies are designed to cover both property and liability risks. Directors and Officers Liability This coverage protects against claims from stockholders, employees and clients that are also aimed individually at directors and officers. These claims typically stem from errors in judgement, breaches of duty and wrongful acts in connection with company business. Cyber Liability It protects against costs of the theft, destruction or unauthorized use of electronic data through computer viruses or network intrusions. It also adds protection to a business against such costs if a business fails to safeguard another party's electronic data. Companies sharing data outside their internal network benefit from this coverage Commercial Property It protects against claims or damages to the insured's buildings, business personal property and personal property of others. It can also provide for loss of business income coverage or extra expenses incurred because of physical loss by a covered peril to the insured's property. Commercial Crime It protects against Toss of money, securities and other property because of a variety of criminal acts such as employee theft or embezzlement, burglary, robbery, forgery, 23 computer fraud, kidnapping and extortion. Crime insurance also covers money and securities against damage or destruction by almost any cause of loss, not just crime. Builders Risk It protects against damage to or destruction of buildings or other structures during their construction. Any party with a financial interest in a construction, remodeling, or repair project benefits from this coverage. Surety Bonds Surety bonds are three party contracts. The principal, the party that undertakes the obligation, pays for the issuance of a bond by a surety company. The bond provides capital to guarantee the obligation will be performed. The obligee is the party that receives the benefit of the bond If the obligation is improperly performed. If payment and performance bonds are required such bonds must be substantially in the form prescribed by Florida Statutes 255.05, as amended, and will be subject to the approval of the City of Miami Director of the Department of Risk Management. Valuable Papers It pays for the cost to reconstruct damaged or destroyed valuable papers and records. Typically is defined to include almost all forms of printed documents or records with the exception of money or securities, and data and media which is usually excluded. Additional Requirements The Successful Proposer must furnish the City of Miami, Department of Procurement, and Risk Management located at 444 S.W. 2nd Avenue Miami, Florida 33130, original Certificates of insurance to be in force on the date of this Contract, and Renewal Certificates of insurance thereafter. All policies indicated on the certificate must be in compliance with all Contract requirements. The failure of the City to obtain the applicable or corresponding certificates from Contractor is not a waiver by the City of any requirements for the Successful Proposer. The Successful Proposer must furnish Certificates insurance listing the City of Miami as an additional insured. All insurance certificates must be signed, dated and reference the City contract number. The insurance must provide for sixty (30) days prior written notice to be given to the City in the event coverage is substantially changed, canceled, or non -renewed. Any deductibles or self -insured retentions on referenced insurance coverages must be borne by Successful Proposer. The Successful Proposer further agrees to have insurers waive their rights of subrogation against the City of Miami, its employees, elected officials, agents, or representatives. The coverages and limits furnished by Successful Proposer in no way limit the Successful Proposer's liabilities and responsibilities specified within the Contract or law. Any insurance or self-insurance programs maintained by the City of Miami shall not contribute with insurance provided by the Successful Proposer under the Contract. The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Contract or any limitation placed on the indemnity in this Contract given as a matter of law. If the Successful Proposer is a joint venture or limited liability company, the insurance policies must name the joint venture or Limited Liability Company and each of its separate constituent entities as named insureds. The Successful Proposer must require all subcontractors to provide the insurance required herein. All subcontractors are subject to the same insurance requirements of the Successful Proposer unless otherwise specified in this Contract. If the Successful Proposer or subcontractor desire additional coverages, the party desiring the additional coverages is responsible for the acquisition and cost. Notwithstanding any provision in the Contract to the contrary, the City of Miami Risk Management Department maintains and reserves the right to modify, delete, alter or change these requirements. Note: The duty to carry and maintain insurance during the life of the contract will survive the cancellation or expiration, as applicable, under the Contract. RFP 945385, Tennis Center Programming and Operations at Morningside Park Attachment B Compensation Proposal Provide Proposer's payment proposal on this Form B "Compensation Proposal Schedule", pursuant to Section 2.22, "Compensation". The pricing includes a Flat Monthly Fee, and a percentage of monthly gross receipts as further detailed below. A. The Successful Proposer proposes to pay the City $ 164 per month. B. The Successful Proposer proposes to pay the City % of its gross receipts related to the operation of the Tennis Center. Notes: The Flat Monthly Fee may be adjusted upward at the end of the initial Agreement term, in accordance with Section 2.23, Consumer Price Index (CPI). The percentage of gross receipts will remain fixed and firm throughout the duration of the Agreement, to include any renewals and/or extensions. YEAR — �5OO°iio. yE 4/S 2. yoqi — 7.5 0 oi o Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME. i'RLev iPS OI A 4't'/ 1EZPOS1_NC ADDRESS' 0 76 7 Ss • p/x/L /47/ 3 z 560,, PHONE: C5 L f �' FAX EMAIL: r d CELL(Optional)- 3o ..- 9 SIGNED BY. TITLE: Fie DATE - FAILURE TO COMPLETE. SIGN. AND RETURN THIS FORM SHALL DISOUALIFY THIS RESPONSE. Page 2 of 45 zp1 Certifications Legal Name of Firm: /2--lA ND5 0 MAR/ 1/ate Entity Type: Partnership, Sole Proprietorshi Corporation, etc Year Established: 00 Office Location: City of Miami, iami-Dade Coun or Other Business Tax Receipt / Occupational License Number: 665c 9 25 Business Tax Receipt / Occupational License Issuing Agency: Business Tax Receipt / Occupational License Expiration Date: Will Subcontractor(s) be used? (Yes or No) NO Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 7/1/1 8). If no addendum/addenda was/were issued, please insert N/A4dCLCrn fir, , f o/ / I e 4(44dcw /1/ . / v / / cf If Proposer has a Local Office, as defined under Chapter 18/Article III, Section 18-73 of the City Code, has Proposer filled out, notarized, and included with its RFP response the "City of Miami Local Office Certification" form? YES OR NO? (The City of Miami Local Office Certification form is located in the Oracle Sourcing system ("iSupplier"), under the Header/Notes and Attachments Section of this solicitation) iNic) Has Proposer reviewed the attached Sample Professional Services Agreement (PSA)? Acknowledge that if awarded, Proposer will be required to execute the Professional Services Agreement in substantially the attached form. In addition, Proposer must acknowledge that certain clauses (including #2 Term, #6 Audit and Inspection Rights and Records Retention, #8 Public Records, Page 3 of 45 #9 Compliance with Federal, State and Local Laws, #10 Indemnification, #13 Termination; Obligation Upon Termination, # 15 Nondiscrimination, and # 22 City Not Liable for Delays) are non-negotiable. Page 4 of 45 Line: 1 Description: Please disregard this line item. Proposers shall submit their proposed compensation on Form B, Compensation Proposal, located under the Header/Notes and Attachments Section of this Solicitation, in the Oracle/iSupplier Sourcing System. Category: 96168-00 Unit of Measure: Dollar Unit Price: $ Number of Units: 1 Total: $ Page 5 of 45 City of Miami Request for Proposals (RFP) Procurement Department Miami Riverside Center 444 SW 2nd Avenue, 6'h Floor Miami, Florida 33130 Web Site Address: www.miamigov.com/procurement RFPNumber: Title: Issue Date/Time: RFPClosing Date/Time: Pre-Bid/Pre-Proposal Conference: Pre-Bid/Pre-Proposal Date/Time: Pre-Bid/Pre-Proposal Location: Deadline for Request for Clarification: Contracting Officer: Hard Copy Submittal Location: Contracting Officer E-Mail Address: Contracting Officer Facsimile: 945385 Request for Proposals for Tennis Center Programming and Operations 19-SEP-2018 10-OCT-2018 @ 13:00:00 Thursday, September 27, 2018 at 10:00 AM Morningside Park - 750 NE 55th Terrace, Miami, FL 33137 Tuesday, October 2, 2018 at 5:00 PM Johnson, Charles City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US CJohnson@miamigov.com 305-400-5373 Pagc 1 of 45 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME. ADDRESS • PHONE: FAX - EMAIL: CELL(Optional)• SIGNED BY: TITLE: DATE: FAILURE TO COMPLETE. SIGN. AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. Page 2 of 45 Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Location: City of Miami, Miami -Dade County, or Other Business Tax Receipt / Occupational License Number: Business Tax Receipt / Occupational License Issuing Agency: Business Tax Receipt / Occupational License Expiration Date: Will Subcontractor(s) be used? (Yes or No) Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 7/1/18). If no addendum/addenda was/were issued, please insert N/A. If Proposer has a Local Office, as defined under Chapter 18/Article III, Section 18-73 of the City Code, has Proposer filled out, notarized, and included with its RFP response the "City of Miami Local Office Certification" form? YES OR NO? (The City of Miami Local Office Certification form is located in the Oracle Sourcing system ("iSupplier"), under the Header/Notes and Attachments Section of this solicitation) Has Proposer reviewed the attached Sample Professional Services Agreement (PSA)? Acknowledge that if awarded, Proposer will be required to execute the Professional Services Agreement in substantially the attached form. In addition, Proposer must acknowledge that certain clauses (including #2 Term, #6 Audit and Inspection Rights and Records Retention, #8 Public Records, Page 3 of 45 #9 Compliance with Federal, State and Local Laws, #10 Indemnification, #13 Termination; Obligation Upon Termination, #15 Nondiscrimination, and # 22 City Not Liable for Delays) are non-negotiable. Page 4 of 45 Line: 1 Description: Please disregard this line item. Proposers shall submit their proposed compensation on Form B, Compensation Proposal, located under the Header/Notes and Attachments Section of this Solicitation, in the Oracle/iSupplier Sourcing System. Category: 96168-00 Unit of Measure: Dollar Unit Price: $ Number of Units: 1 Total: $ Page 5 of 45 Request for Proposals (RFP) 945385 Table of Contents Terms and Conditions 7 1. General Conditions 7 1.1. GENERAL TERMS AND CONDITIONS 7 2. Special Conditions 27 2.1. PURPOSE 27 2.2. NOT FOR PROFIT ORGANIZATIONS ONLY 27 2.3. VOLUNTARY PRE -PROPOSAL CONFERENCE 27 2.4. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 27 2.5. TERM OF CONTRACT 27 2.6. CONDITIONS FOR RENEWAL 27 2.7. PROPOSER'S MINIMUM QUALIFICATIONS 28 2.8. BACKGROUND CHECKS 28 2.9. USPTA CERTIFICATION 28 2.10. REFERENCES 28 2.11. EXECUTION OF AN AGREEMENT 29 2.12. INSURANCE REQUIREMENTS 29 2.13. USE OF PREMISES 32 2.14. DAMAGES TO PUBLIC/PRIVATE PROPERTY 32 2.15. TERMINATION OF AGREEMENT 32 2.16. PROJECT MANAGER 32 2.17. SUBCONTRACTORS 33 2.18. ADDITIONAL SERVICES 33 2.19. HURRICANE / STORM PREPARATION 33 2.20. FAILURE TO PERFORM 33 2.21. CHANGES/ALTERATIONS 34 2.22. COMPENSATION 34 2.23. GROSS RECEIPTS 34 2.24. CONSUMER PRICE INDEX (CPI) 36 2.25. WORTHLESS CHECK OR DRAFT 36 2.26. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD 36 2.27. RECORDS 37 2.28. TERMINATION 37 2.29. ADDITIONAL TERMS AND CONDITIONS 37 3. Specifications 39 3.1. SPECIFICATIONS/SCOPE OF WORK 39 4. Submission Requirements 41 4.1. SUBMISSION REQUIREMENTS 41 5. Evaluation Criteria 45 5.1. EVALUATION CRITERIA 45 Page 6 of 45 Request for Proposals (RFP) 945385 Terms and Conditions 1. General Conditions 1.1. GENERAL TERMS AND CONDITIONS Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services with an estimated aggregate cost of $25,000.00 or more. Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. 1.1. ACCEPTANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this formal solicitation, if applicable, shall remain the property of the seller until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall be considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon issuance by the City of a purchase order. 1.3. ACCEPTANCE/REJECTION — The City reserves the right to accept or reject any or all responses or parts of after opening/closing date and request re -issuance on the goods/services described in the formal solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected bidders/proposers and make available a written explanation for the rejection. The City also reserves the right to reject the response of any bidder/proposer who has previously failed to properly perform under the terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a position to perform the requirements defined in this formal solicitation. The City further reserves the right to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its discretion, re -issue this formal solicitation. 1.4. ADDENDA — It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are available at the City's website at: http://www.ci.miami.fl.us/procurement 1.5. ALTERNATE RESPONSES WILL NOT BE CONSIDERED. 1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's prior written consent. 1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract, each party shall bear their own attorney's fees through and including appellate litigation and any post judgment proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and all of Page 7 of 45 Request for Proposals (RFP) 945385 the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not -for -profit or quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s) established herein, when permissible by federal, state, and local laws, rules, and regulations. Each Governmental, not -for -profit or quasi -governmental entity which uses this formal solicitation and resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the successful bidder(s)/proposer(s). 1.10. AWARD OF CONTRACT: A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall constitute the entire contract, unless modified in accordance with any ensuing contract/agreement, amendment or addenda. B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference to Businesses with Drug -Free Workplace Programs. C. The award of this contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its contractual obligation if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action taken by the Purchasing Department, will void its acceptance of the Bidder's/Proposer's Response and may accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's/Proposer's default. D. The term of the contract shall be specified in one of three documents which shall be issued to the successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or contract award sheet. E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days beyond the stated contract term in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual agreement of such extensions. F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon completion of the expressed or implied warranty periods. G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis, or such combination as shall best serve the interests of the City unless otherwise specified. H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the Page 8 of 45 Request for Proposals (RFP) 945385 City's best interests. Such agreement will be furnished by the City, will contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney. 1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is required from all bidders/proposers, if so indicated under the Special Conditions. This check or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it is awarded to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful bidders/proposers within ten (10) days after the award and successful bidder's/proposer's acceptance of award. If sixty (60) days have passed after the date of the formal solicitation closing date, and no contract has been awarded, all bid deposits will be returned on demand. 1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and submitted accordingly. 1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may be rejected. 1.14. BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding/proposing an approved equal, Bidders/Proposers will submit, with their response, complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be requested if the proposed brand is other than specified by the City. Such samples are to be furnished after formal solicitation opening/closing only upon request of the City. If samples should be requested, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. 1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers and make available a written explanation for the cancellation. 1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable proceedings or on account of any delay for any cause over which the City has no control. 1.18. COLLUSION —Bidder/Proposer, by submitting a response, certifies that its response is made without previous understanding, agreement or connection either with any person, firm or corporation submitting a response Page 9 of 45 Request for Proposals (RFP) 945385 for the same items/services or with the City of Miami's Purchasing Department or initiating department. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action. Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred and the City reserves the right to reject any and all bids/responses where collusion may have occurred. 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, including but not limited to: A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation. E. Uniform Commercial Code (Florida Statutes, Chapter 672). F. Americans with Disabilities Act of 1990, as amended. G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation. I. City Procurement Ordinance City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611;61. K. Cone of Silence, City Code Section 18-74. L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment. Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility. Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds for termination of contract(s). Copies of the City Ordinances may be obtained from the City Clerk's Office. 1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works or improvements for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFBs (bids) between, among others: Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective staffs and any member of the respective selection/evaluation committee. The provision does not apply to, among other communications: Page 10 of 45 Request for Proposals (RFP) 945385 Oral communications with the City purchasing staff, provided the communication is limited strictly to matters of process or procedure already contained in the formal solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -proposal or pre -bid conferences, oral presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting, or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ, RFLI or IFB (bid) documents (See Section 2.2. of the Special Conditions); or communications in connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff. Proposers or bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the Office of the City Clerk (clerks@miamigov.com), which shall be made available to any person upon request. Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk. In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Ethics Commission. Proposers or bidders should reference Section 18-74 of the City of Miami Code for further clarification. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at 305-250-5360, to obtain a copy of same. 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Sunshine Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in writing to the City. Further, you must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in your firm. A. Bidder/Proposer further agrees not to use or attempt to use any knowledge, property or resource which may be within his/her/its trust, or perform his/her/its duties, to secure a special privilege, benefit, or exemption for himself/herself/itself, or others. Bidder/Proposer may not disclose or use information not available to members of the general public and gained by reason of his/her/its position, except for information relating exclusively to governmental practices, for his/her/its personal gain or benefit or for the personal gain or benefit of any other person or business entity. B. Bidder/Proposer hereby acknowledges that he/she/it has not contracted or transacted any business with the City or any person or agency acting for the City, and has not appeared in representation of any third party before any board, commission or agency of the City within the past two years. Bidder/Proposer further warrants that he/she/it is not related, specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the commission; (ii) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Bidder/Proposer to immediate termination of any professional services agreement with the City, imposition of the maximum fine and/or any penalties allowed by law. Page 11 of 45 Request for Proposals (RFP) 945385 Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23. COPYRIGHT OR PATENT RIGHTS — Bidders/Proposers warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be borne by the B i dder(s)/Proposer(s). 1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107) (a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable cause for debarment, pending the debarment determination. The authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission. (b) Causes for debarment or suspension. Causes for debarment or suspension include the following: (1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. (2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. (3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. (4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of nonresponsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension. (5) Debarment or suspension of the Contractual Party by any federal, state or other governmental entity. (6) False certification pursuant to paragraph (c) below. (7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation remains noncompliant. (8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. (9) Any other cause judged by the City Manager to be so serious and compelling as to affect the Page 12 of 45 Request for Proposals (RFP) 945385 responsibility of the Contractual Party performing city Contracts. (c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). (d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said parry's right to seek judicial relief. 1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit response on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify the Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract being teminated and upon the City notifying in writing the contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful Bidder/Proposer incapable of performing the work in accordance with and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due or which may become due on this Contract. 1.28. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is one which follows the requirements of the formal solicitation, includes all documentation, is submitted in the format outlined in the formal solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure Page 13 of 45 Request for Proposals (RFP) 945385 to comply with these requirements may deem a Response non -responsive. A. Responsible Bidder shall mean a bidder/proposer who has submitted a bid/prposal and who has the capability, as determined under the City Procurement Ordinance, in all respects to fully perform the contract requirements, and the integrity and reliability of which give reasonable assurance of good faith and performance. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts off the original prices quoted in the response will be accepted from successful Bidder(s)/Proposer(s) during the term of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer to Bidder/Proposer will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1) Addenda (as applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform for the city on a priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This Contract may be modified only by a written agreement signed by the City of Miami and Contractor. 1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates may be used by the City for purposes of determining the low bidder or most advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES A.Rejection of Responses The City may reject a Response for any of the following reasons: Page 14 of 45 Request for Proposals (RFP) 945385 1) Bidder/Proposer fails to acknowledge receipt of addenda; 2) Bidder/Proposer mistates or conceals any material fact in the Response ; 3) Response does not conform to the requirements of the Formal Solicitation; 4) Response requires a conditional award that conflicts with the method of award; 5) Response does not include required samples, certificates, licenses as required; and, 6) Response was not executed by the Bidder's/Proposer(s) authorized agent. The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the City. B. Elimination From Consideration 1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City. 2) A contract may not be awarded to any person or firm which has failed to perform under the terms and conditions of any previous contract with the City or deliver on time contracts of a similar nature. 3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with the City's Debarment and Suspension Ordinance. C. Determination of Responsibility 1) Responses will only be considered from entities who are regularly engaged in the business of providing the goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established entity in line with the best industry practices in the industry as determined by the City. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other governmental entity in making the award. 3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed on the Response and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered non -responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non -responsive; and, if exceptions are taken to the terms and conditions of the resulting agreement it may lead to terminating negotiations. 1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid/proposal. 1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its response will be firm throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed Page 15 of 45 Request for Proposals (RFP) 945385 or supplied over a period of time. 1.38. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24, states that employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and comply with this Florida constitutional minimum wage requirement and pay its employees the current established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1st. At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full responsibility to determine whether any of its employees may be impacted by this Florida Law at any given point in time during the term of the contract. If impacted, bidder/proposer must furnish employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of contract and waiver of any contractual price increase request(s). The City reserves the right to request and successful bidder/proposer must provide for any and all information to make a wage and contractual price increase(s) determination. 1.39. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall take place in Miami -Dade County, Florida. In any action or proceeding each party shall bear their own respective attorney's fees. 1.40. HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way the expressed terms and provisions hereof. 1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami Privacy Standards. HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to: A. Use of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City of Miami of any non -permitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder/Proposer and reasonable assurances that IIHI/PHI will be held confidential; E. Making Protected Health Information (PHI) available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its privacy information Page 16 of 45 Request for Proposals (RFP) 945385 practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.42 INDEMNIFICATION - Contractor shall indemnify, hold/save harmless and defend at its own costs and expense the City, its officials, officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract and will indemnify, hold harmless and defend the City, its officials, officers, agents, directors and employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this Contract. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06 and/or §725.08, Fla. Statues, as amended from time to time as applicable. Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor, under this Agreement. 1.43. FORMATION AND DESCRIPTIVE LITERATURE —Bidders/Proposer must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS)as required, covering the products offered. Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this provision. 1.44. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Contractor under this Contract conform to the terms and conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-79), as same may be amended or supplemented from time to time. 1.45. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not be made available until such time as the City provides notice of a decision or intended decision or within 30 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's Page 17 of 45 Request for Proposals (RFP) 945385 Web Site following recommendation for award. 1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from submitting future responses to the City. Information regarding any insurance requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1604. The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in effect for the duration of the contractual period; including any and all option terms that may be granted to the Bidder/Proposer. 1.47. INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered (i.e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.48. LOCAL PREFERENCE A. City Code Section 18-85, states, "when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award shall be made to the local bidder." B. City Code Section 18-86, states, "the RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable professional discretion of the City Manager, director of the using agency, and the Chief Procurement Officer, include a five (5%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in Section 18-73. In such cases, this five (5%) percent evaluation criterion in favor of proposers who maintain a local office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply. 1.49. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such certification may result in the rejection of bid/proposal or termination of contract/agreement, for which the bidder/proposer must bear full liability. 1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet Page 18 of 45 Request for Proposals (RFP) 945385 as appropriate. 1.51. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create any other similar relationship between the parties. 1.52. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at Bidder's/Proposer's expense. These non -conforming items not delivered as per delivery date in the response and/or Purchase Order may result in bidder/proposer being found in default in which event any and all re -procurement costs may be charged against the defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list. 1.53. NONDISCRIMINATION —Bidder/Proposer agrees that it shall not discriminate as to race, sex, color, age, religion, national origin, marital status, or disability in connection with its performance under this formal solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall solely by reason of his/her race, sex, color, age, religion, national origin, marital status or disability be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.54. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein goods and/or services, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be available. It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction with this Formal Solicitation. In addition, any and all commodities, equipment, and services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best interest of the City. 1.55. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the license must be submitted with the response; however, the City may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City during the evaluation period, but prior to award. 1.56. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture will be considered in response to this Formal Solicitation. Page 19 of 45 Request for Proposals (RFP) 945385 1.57. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records, files, or any other matter whatsoever which is given by the City to the successful Bidder/Proposer pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by the Bidder/Proposer for any other purposes whatsoever without the written consent of the City. 1.58. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or circumstance shall to 'any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permitted by law. 1.59. PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract price. 1.60. PREPARATION OF RESPONSES (HARDCOPY FORMAT) —Bidders/Proposers are expected to examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be at the Bidder's/Proposer's risk. A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder/Proposer, address, and telephone number on the face page and on each continuation sheet thereof on which he/she makes an entry, as required. B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Bidder/Proposer shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits normally paid by the Bidder/Proposer to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will be presumed correct. C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods and/or services. D. The Bidder/Proposer should retain a copy of all response documents for future reference. E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the response may be rejected. F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion. G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON -RESPONSIVE. 1.61. PRICE ADJUSTMENTS — Any price decrease effectuated during the contract period either by reason of Page 20 of 45 Request for Proposals (RFP) 945385 market change or on the part of the contractor to other customers shall be passed on to the City of Miami. 1.62. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds all quality requirements. 1.63. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Contractor represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Contract. 1.64. PROMPT PAYMENT —Bidders/Proposers may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for response evaluation purposes. Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from successful bidders/proposers during the term of the contract. 1.65. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami. Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property, if any. 1.66. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 1.67. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a response on a contract to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit responses on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Page 21 of 45 Request for Proposals (RFP) 945385 1.68. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City of Miami Code, Section 18, Article III, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Contractor shall additionally comply with the provisions of Section 119.0701, Florida Statutes, entitled "Contracts; public records". Contractor's failure or refusal to comply with the provision of this section shall result in the immediate cancellation of this Contract by the City. 1.69. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be new. The items bid/proposed must be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in this Solicitation. 1.70. QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality and workmanship. Materials furnished to complete the service shall be new and of the highest quality except as otherwise specified in this Solicitation. 1.71. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.72. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105) (a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city attorney, shall have the authority to resolve controversies between the Contractual Party and the city which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. (b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission or the City Manager which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this section. 1.73. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104) (a) Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000. Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing. 1.Protest of Solicitation. i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the Request for Proposals, Request for Qualifications or Request for Letters of Interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer; or Page 22 of 45 Request for Proposals (RFP) 945385 ii. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. 2. Protest of Award. i. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the proposer of the notice of the City Manager's recommendation for award of Contract, which will be posted on the City of Miami Purchasing Department website, in the Supplier Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and Recommendation of Award To fields. If "various" is indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. It shall be the responsibility of the Bidder/Proposer to check this section of the website daily after responses are submitted to receive the notice; or ii. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's determination of non responsiveness or non responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five (5) days after the date the notice of protest was filed. A written protest is considered filed when received by the Chief Procurement Officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the required Filing Fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the Chief Procurement Officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. (b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the approval of the City Manager and the city attorney, to settle and resolve any written protest. The Chief Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said decision to the City Commission within 30 days after he/she receives the protest. In cases involving more than $25,000, the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by the city attorney and the City Manager. (c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or Page 23 of 45 Request for Proposals (RFP) 945385 the written protest, together with the required Filing Fee as provided in subsection (f), with the Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section (d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided in subsection (b) above, unless the City Manager makes a written determination that the solicitation process or the Contract award must be continued • without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. (e) Costs. All costs accruing from a protest shall be assumed by the protestor. (f) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed Contract, or $5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the Chief Procurement Officer and/or the City Commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. 1.74. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples, at their expense, within 30 days after notification. Failure to remove the samples will result in the samples becoming the property of the City. 1.75. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell, assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion of the performance required by this contract, except under and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.76. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define all warranty, service and replacements that will be provided. Bidders/Proposer must explain on the Response to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your response. 1.77. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental specification as to any detail or the omission from it of detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship and services is to be first quality. All interpretations of these specifications shall be made upon the basis of this statement. If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply with this request will result in disqualification of bid/proposal. 1.78. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500 Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as designated in the IFB, RFP, RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend the solicitation closing; however, no Page 24 of 45 Request for Proposals (RFP) 945385 award will be made at that time. A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or package must show the hour and date specified for receipt of responses, the solicitation number and title, and the name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response Forms may be rejected. Hardcopy responses received at any other location than the specified shall be deemed non -responsive. Directions to City Hall: FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US 1. US 1 SOUTH TO 27TH AVE., TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. FROM THE SOUTH: US1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. B. Facsimile responses will not be considered. C. Failure to follow these procedures is cause for rejection of bid/proposal. D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by the United States mail delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be returned unopened, and will not be considered for award. E. Late responses will be rejected. F. All responses are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. G. Modification of responses already submitted will be considered only if received at the City before the time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider any subsequent submission which alters the responses. H. If hardcopy responses are submitted at the same time for different solicitations, each response must be placed in a separate envelope, box, or package and each envelope, box or package must contain the information previously stated in 1.82.A. 1.79. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer. 1.80. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: A. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract. B. The City has determined that such termination will be in the best interest of the City to terminate the contract for Page 25 of 45 Request for Proposals (RFP) 945385 its own convenience; C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. 1.81. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a Bidder/Proposer have been received, inspected, and found to comply with award specifications, free of damage or defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami. Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable law. 1.82. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified on their Response. Deliveries are to be made during regular City business hours unless otherwise specified in the Special Conditions. 1.83. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted the goods/equipment or used the goods, whichever comes first. 1.84.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." If the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with your firni's name and the Solicitation number and title marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the City for any award to a plaintiff for damages, costs or attorney's fees and for costs and attorney's fees incurred by the City by reason of any legal action challenging your claim. 1.85. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Bidder(s)/Proposer(s) nor any of his/her employees shall perform any work or deliver any goods unless a change order or purchase order is issued and received by the Contractor. The qualified Bidder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the contract or any work performed by an employee not otherwise previously authorized. 1.86. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion or other publicity materials containing information obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City Manager or the City Commission. 1.87. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are not stated on their Response, it will be assumed that the product fully complies with the City's specifications. Page 26 of 45 Request for Proposals (RFP) 945385 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for Tennis Center Programming and Operations at Morningside Park, as specified herein, from a source(s), fully compliant with the terms, conditions and stipulations of the solicitation. 2.2. NOT FOR PROFIT ORGANIZATIONS ONLY Only 501(c)(3) not for profit entities will be considered for the award of an agreement resultant from this RFP. Proposals submitted by for -profit entities will not be considered. 2.3. VOLUNTARY PRE -PROPOSAL CONFERENCE A Voluntary Pre -Proposal Conference will be held on Thursday, September 27, 2018 at 10:00 AM, at Morningside Park - 750 NE 55th Terrace, Miami, FL 33137. A discussion of the requirements of the solicitation will occur at that time. Each potential Proposer is required, prior to submitting a Proposal, to acquaint itself thoroughly with any and all conditions and/or requirements that may in any manner affect the work to be performed. All questions and answers affecting the scope of work/specifications of the RFP will be included in an addendum, that will be distributed through the online iSupplier system, following the conference to all the attendees Because the City considers the conference to be critical to understanding the solicitation requirements, attendance is highly recommended. 2.4. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the Procurement Department, Attn: Charles F. Johnson; fax: (305) 400-5373 or email: CJohnson@miamigov.com, and a copy filed with the Office of the City Clerk, pursuant to Section 1.20. Cone of Silence. The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than Tuesday, October 2, 2018 at 5:00 PM. All responses to questions will be sent to all prospective bidders/proposers in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.5. TERM OF CONTRACT The Proposer qualified to provide the service(s) requested herein (the "Successful Proposer") shall be required to execute a contract ("Contract") with the City, which shall include, but not be limited to, the following terms: (1) The term of the Contract shall be for three (3) years with an option to renew for two (2) additional one (1) year periods. (2) The City shall have the option to extend or terminate the Contract. Continuation of the Contract beyond the initial period is a City prerogative; not a right of the Proposer. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.6. CONDITIONS FOR RENEWAL Page 27 of 45 Request for Proposals (RFP) 945385 Each renewal of this contract is subject to the Successful Proposer's continued satisfactory performance, compliance with the specifications, terms and conditions established herein. 2.7. PROPOSER'S MINIMUM QUALIFICATIONS Proposers shall provide documentation that demonstrates Proposer's ability to satisfy each of the minimum requirements cited below. Proposers who do not meet the minimum qualification requirements or who fail to provide supporting documentation may be deemed non -responsive. (A) Proposals will be considered only from entities that are regularly engaged in the business of providing services as described in this Request for Proposal, that have a record of performance for a minimum period of three (3) years (as an entity with the same Federal Employee Identification Number; not just individual employees); and that have adequate financial support, equipment and organization to ensure that they can satisfactorily provide the services if awarded a contract under the terms and conditions herein stated. (B) Proposer must have a minimum of three (3) years experience in programming and operating a Tennis Center; Additionally, Proposer shall: (C) Provide documentation evidencing that it is an established 501(c)(3) not -for -profit organization for a minimum of three (3) year(s); (D) Have no record of pending lawsuits, bankruptcies, or criminal activities and not have any conflicts of interest as defined by applicable law with the City. (E) Not be, nor have any member, or officer who is in arrears or in default of any debt or contract involving the City, (as a party to a contract, or otherwise); nor have failed to perform faithfully on any. 2.8. BACKGROUND CHECKS Prior to commencement of the Successful Proposer's Tennis Program, Successful Proposer shall provide Level II Background Screening results pursuant to Florida Statute 435.04, for all employees, volunteers, and/or subcontractors who shall enter or work on park grounds. 2.9. USPTA CERTIFICATION Any/all lessons provided in conjunction with Successful Proposer's Tennis Program must be taught by United States Professional Tennis Association ("USPTA") Certified instructor(s). The Successful Proposer shall provide a copy of each instructor's USPTA Certification credentials prior to prior to the commencement of its Tennis Program. 2.10. REFERENCES Each proposal MUST be accompanied by a list of two (2) references, which shall include for each project, the name of the organization, dates covering the term of the contract; description of the scope of work; client contact person and phone number, and statement of whether Proposer was the prime contractor or subcontractor. Where possible, list those references for projects performed for government clients of similar size to the City. Page 28 of 45 Request for Proposals (RFP) 945385 2.11. EXECUTION OF AN AGREEMENT The Successful Proposer, evaluated and ranked in accordance with the requirements of this Solicitation, shall be awarded an opportunity to negotiate a Professional Services Agreement ("PSA") with the City. The City reserves the right to execute or not execute, as applicable a PSA with the Successful Proposer in substantially the same form as the Sample PSA included as part of this solicitation. Such PSA will be furnished by the City, will contain certain terms as are in the City's best interest, and will be subject to approval as to legal form by the City Attorney. 2.12. INSURANCE REQUIREMENTS INDEMNIFICATION Successful Proposer shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgments, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Proposer and persons employed or utilized by Successful Proposer in the performance of this Contract. Successful Proposer shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Proposer shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Proposer expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Proposer shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Successful Proposer to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Proposer, or persons employed or utilized by Successful Proposer. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Proposer shall require all subcontractors(s) agreements to include a provision that each subcontractor will indemnify the City in substantially the same language as this Section. The Successful Proposer agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Proposer in which the City participated either through review or concurrence of the Successful Proposer's actions. In reviewing, approving or rejecting any submissions by the Successful Proposer or other acts of the Successful Proposer, the City, in no way, assumes or shares any responsibility or liability of the Successful Proposer or subcontractor(s) under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for Page 29 of 45 Request for Proposals (RFP) 945385 the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Proposer. Note: Insurance Definitions, Conditions and Additional Requirements are provided as Attachment A, within the Header section of this RFP. The Successful Proposer shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $2,000,000 Personal and Adv. Injury $1,000,000 Products/Completed Operations $1,000,000 Participant Liability Included Sexual Abuse and Molestation Coverage $300,000 B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami listed as an additional insured Page 30 of 45 Request for Proposals (RFP) 945385 III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit IV. Professional Liability/Errors and Omissions Coverage Combined Single Limit Each Claim General Aggregate Limit Retro Date Coverage V. Medical Accident Policy (Excess) $25,000 $1,000,000 $1,000,000 The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY RFP NUMBER AND/OR TITLE OF RFP MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Successful Proposer of his liability and obligation Page 31 of 45 Request for Proposals (RFP) 945385 under this section or under any other section of this Agreement. --If insurance certificates are scheduled to expire during the contractual period, the Successful Proposer shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. --In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (4) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the RFP. (5) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Successful Proposer in conjunction with the General and Special Terms and Conditions of the RFP. The Successful Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the successful Proposer. 2.13. USE OF PREMISES The Successful Proposer shall confine its equipment, apparatus, materials and its operations to the limits indicated by law, ordinances, permits or direction of the Project Manager, and shall not unreasonably encumber the premises with its property or materials. 2.14. DAMAGES TO PUBLIC/PRIVATE PROPERTY The Successful Proposer shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the Successful Proposer, at its expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one month from date damage was done). 2.15. TERMINATION OF AGREEMENT Following the termination of this Agreement, the Successful Proposer, within fifteen (15) calendar days, or earlier if required by the City, shall forthwith remove all of its property from the Tennis Center. Any property of the Successful Proposer not removed in accordance with this paragraph may be removed by the City for storage at the expense of the Successful Proposer or shall constitute a gratuitous transfer of title thereof to the City for whatever disposition is deemed to be in the best interests of the City. The City shall not be liable to the Successful Proposer for the safekeeping of the Successful Proposer's property. The City shall have the senior interest in any property not removed by Successful Proposer in accordance with this paragraph. 2.16. PROJECT MANAGER Upon award, Successful Proposer shall report and work directly with Zhaoming Guan, Recreation Superintendent, Parks and Recreation or designee, who shall be designated as the Project Manager(s) for the City. Page 32 of 45 Request for Proposals (RFP) 945385 2.17. SUBCONTRACTORS A Sub -Contractor is an individual or firm contracted by the Proposer or Proposer's firm to assist in the performance of services required under this Solicitation. A Sub -Contractor shall be paid through Proposer or Proposer's firm and not paid directly by the City. Proposer must clearly reflect in its Proposal the major Sub -Contractors to be utilized in the performance of required services. The City retains the right to accept or reject any Sub -Contractors proposed in the response of Successful Proposer or prior to contract execution. Any and all liabilities regarding the use of a Sub -Contractor shall be borne solely by the Successful Proposer and insurance for each Sub -Contractors must be maintained in good standing and approved by the City throughout the duration of the Contract. Neither Successful Proposer nor any of its Sub -Contractors are considered to be employees or agents of the City. Failure to list all Sub -Contractors and provide the required information may disqualify any proposed Sub -Contractors from performing work under this Solicitation. Proposers shall include in their Responses the requested Sub -Contractor information and include all relevant information required of the Proposer. In addition, within five (5) working days after the identification of the award to the Successful Proposer, the Successful Proposer shall provide a list confirming the Sub -Contractors that the Successful Proposer intends to utilize in the Contract, if applicable. The list shall include, at a minimum, the name, location of the place of business for each Sub -Contractor, the services Sub -Contractor will provide relative to any contract that may result from this Solicitation, any applicable licenses, references, ownership, and other information required of Proposer. Note: The City will allow the use of Sub -Contractors for the performance of tennis instruction and facility support only. The use of Sub -Contractors for the management and/or operation of the Tennis Center will not be permitted. 2.18. ADDITIONAL SERVICES Services not specifically identified in this request may be added to any resultant contract upon successful negotiation and mutual consent of the contracting parties. 2.19. HURRICANE / STORM PREPARATION The Successful Proposer shall be responsible for preparing / securing its equipment / materials at the Tennis Center in the event of an approaching hurricane or tropical storm. Upon issuance of a hurricane or tropical storm watch affecting the Tennis center, Successful Proposer shall perform tasks to prepare the Tennis Center including, but not limited to, removal of windscreens, score posts, chairs, benches, tables, and plants. Successful proposer may request City approval to store these items within the Park building. Successful Proposer shall furnish the City with pictures of the secured Tennis Center once its preparation efforts are completed. The City will not be responsible for any property owned by the Successful Proposer. 2.20. FAILURE TO PERFORM Should it not be possible to reach the Successful Proposer and/or should remedial action not be taken within forty eight (48) hours of any failure to perform according to specifications, the City reserves the right to Page 33 of 45 Request for Proposals (RFP) 945385 declare Successful Proposer in default of the contract. 2.21. CHANGES/ALTERATIONS Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline; however, no oral modifications will be allowed. Written modifications shall not be allowed following the proposal deadline. 2.22. COMPENSATION The Successful Proposer shall compensate the City for the use of the Tennis Center as follows: 1. Flat Monthly Fee; and 2. Percentage of Monthly Gross Receipts generated through programs, concession stand, and other operations at Complex. The Successful Proposer shall remit payment to the City in the manner described above no later than thirty (30) calendar days after the final day of each month throughout the duration of the contract, to include any extensions or renewals. Proposed compensation shall be submitted using Attachment B, Compensation Proposal, found within the Header/Attachments Section of this Solicitation. Failure to submit Attachment B, Compensation Proposal, as required, may disqualify Proposer from consideration. 2.23. GROSS RECEIPTS Successful Proposer shall submit Gross Receipts during the duration of the Agreement to include any extensions and/or renewals. A. Agreement Year Defined: "Agreement Year" means a twelve-month period beginning on the Agreement Effective Date and ending twelve months thereafter. B. Gross Receipts Defined: "Gross Receipts" means all monthly receipts collected by the Successful Proposer from the sale of services or merchandise by Successful Proposer, concessionaires of Successful Proposer and Subcontractor(s) of Successful Proposer, sold in, upon or from the Concession, including such sales as shall in good faith be credited by Successful Proposer, its concessionaires and Subcontractors in the regular course of its or their business to personnel employed at the time of sale at the Concession, including sub -concession Agreements or contract employee payments to the Successful Proposer and mail and telephone orders received at the Concession and off -premises sales. Gross Receipts shall not be deemed to mean or include the following: amounts credited by Successful Proposer or its concessionaires or sub -concessionaires for returned or defective merchandise; sales, excise and similar taxes; or the proceeds of sales of Successful Proposer's trade fixtures, operating equipment or other property used by Successful Proposer or its concessionaires in the operation of its business and not acquired or held by it for the purpose of sale. Sales shall be deemed to have been made when services or merchandise has been served, shipped or delivered or when charged against the purchaser on the books of Successful Proposer, or its Page 34 of 45 Request for Proposals (RFP) 945385 concessionaires, whichever of such events shall first occur. C. Certification of Receipts: Successful Proposer shall submit to the City on or before the loth day following the end of each month during the term of this Agreement and on or before the l0th day following the expiration or earlier termination of this Agreement, a written statement, signed by Successful Proposer and certified by it to be true and correct, showing the amount of Gross Receipts during the preceding month. Successful Proposer shall submit to the City on or before the 60th day following the end of each Agreement Year an Annual Written Statement, signed by Owner, CEO, or Financial officer of the Successful Proposer and certified by it to be true and correct, setting forth the amount of Gross Receipts during the preceding Agreement Year, which statement shall also be duly certified by an independent Certified Public Accountant. The statement referred to herein shall be in such form and style and contain such details and breakdowns as the City may reasonably determine or require. D. Examination of Books and Records: Such books and records as are necessary to determine the amount of any Percentage Fee payable to City, shall be subject to examination by City or its authorized representatives at reasonable times during Successful Proposer's business hours, at City's expense and in such manner as not to interfere unreasonably with the conduct of Successful Proposer's business. All information obtained by City or its authorized representatives from Successful Proposer's books and records shall be kept confidential by City and all such representatives except in connection with any mortgage or assignment of this Agreement for financing purposes or if subject to the requirements of Florida Public Records Act. E. Receipts Records: For the purpose of computing and verifying the Percentage Fee due (if applicable) hereunder, Successful Proposer shall prepare and keep, for a period of not less than three (3) years following the end of the applicable Agreement Year, adequate books and records, including but not limited to those relating to inventories, purchases, and receipts of merchandise, and all sales and other pertinent transactions by Successful Proposer. Such records shall subsequently conform to Generally Accepted Accounting Principles requirements, as applicable, and shall only address those transactions related to this Agreement. Successful Proposer shall record at the time of sale each receipt from sales or other transactions, whether for cash or on credit, in one or more sealed cash register or registers having a cumulative total. Successful Proposer shall keep, for at least three (3) years following the end of the applicable Agreement Year, all pertinent original sales records, which records shall include (i) cash register tapes; (ii) serially -numbered sales slips; (iii) mail order; (iv) telephone orders; (v) settlement report sheets of transactions with concessionaires, and licensees; (vi) records showing that merchandise returned by customers was purchased by such customers; (vii) receipts or other records of merchandise taken out on approval; (viii) income and sales tax returns; and (ix) such other records which would normally be examined and required to be kept by an independent accountant pursuant to generally accepted auditing standard in performing an audit of Successful Proposer's Gross Receipts. F. Audit of Business Affairs and Records: City shall have the right to cause, upon five (5) business days' written notice to Successful Proposer, a complete audit to be made by a designated external auditing firm or other certified public accounting firm selected by the City or the Audit and Management Services Department of the City. Successful Proposer shall make all such records available for said examination at the Concession or at some other mutually agreeable location. If the result of such audit shall show that Successful Proposer's statement of Gross Receipts for any period has been understated, Successful Proposer shall pay City the amount due. If such understatement is three percent (3%) or more, Successful Proposer shall pay City the cost of such audit in addition to any deficiency payment required, plus ten percent (10%) of any such deficiency, all of which shall be collectible hereunder as payment. A report of the findings of said accountant shall be binding and conclusive upon City and Successful Proposer. The furnishing by Successful Proposer of any grossly inaccurate statement shall constitute a breach of this Agreement. Any information, excluding written documents, obtained by City as a result of such audit shall be held in strict confidence by City except in any proceeding or action to collect the cost of such audit or deficiency, or except in connection with any mortgage or assignment of this Agreement for financing purposes or if subject to the requirements of Florida Public Records Act. Page 35 of 45 Request for Proposals (RFP) 945385 G. If Successful Proposer fails to record, maintain, or make available sales supporting documentation as specified above, then Successful Proposer may be deemed by the City to be in default of this Agreement. 2.24. CONSUMER PRICE INDEX (CPI) The Flat Monthly Fee paid to the City by the Successful Proposer may be adjusted upward once at the conclusion of the initial Agreement term, at the City's discretion, by the greater of : (i) a rate consistent with the latest Consumer Price Index (CPI), under the City of Miami Group, for All Urban Consumers, All Items, or (ii) three percent (3%), of the amount of the preceding Agreement year. 2.25. WORTHLESS CHECK OR DRAFT In the event that the Successful Proposer delivers a dishonored check or draft to the City in payment of any obligation arising under the Agreement resulting from this RFP, the Successful Proposer shall incur and pay a minimum service fee of $25.00 or five percent (5%) of the face value of the check, whichever is greater, plus any subsequent bank fees. For each such dishonored check, such payment shall be made within not more than ten (10) calendar days from written notice of such default. Further, in such event, the City may require that future payments required pursuant to the Agreement be made by cashier's check or other means acceptable to the City. 2.26. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD The procedure for response evaluation, selection and award is as follows: (1) Solicitation issued; (2) Receipt of responses; (3) Opening and listing of all responses received; (4) Procurement staff will review each submission for compliance with the submission requirements of the solicitation, including verifying that each submission includes all documents required; (5) An Evaluation Committee ("Committee"), appointed by the City Manager, comprised of appropriate City Staff and members of the community, as deemed necessary, with the appropriate technical expertise and/or knowledge, shall meet to evaluate each response in accordance with the requirements of this solicitation and based upon the evaluation criteria as specified herein; (6) The Committee reserves the right, in its sole discretion, to request Proposers to make oral presentations before the Committee as part of the evaluation process. The presentation may be scheduled at the convenience of the Committee and shall be recorded; (7) The Committee reserves the right to rank the proposals and shall make its recommendation to the City Manager requesting the authorization to negotiate. No Proposer(s) shall have any rights against the City arising from such negotiations thereof; (8) The City Manager reserves the right to reject the Committee's recommendation to negotiate, and instruct the Committee to re-evaluate and make another recommendation, or reject all proposals. No Proposer(s) shall have any rights against the City arising from such termination thereof; (9) If the City Manager accepts the Committee's recommendation to negotiate, Procurement will negotiate a final contract with the Successful Proposer, and submit a recommendation to award a contract (s) to the City Manager; (10) The City Manager shall then submit his or her award recommendation and negotiated contract (s) to the City Page 36 of 45 Request for Proposals (RFP) 945385 Commission for approval. Written notice shall be provided to all proposers. (11) If the City Manager accepts the award recommendation, the City Manager's recommendation for award of contract will be posted on the City of Miami Procurement Department website, in the Supplier Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and Recommendation of "Award To" fields. If "various" is indicated in the Recommendation of "Award To" field, the Proposer must contact the Contracting Officer for that solicitation to obtain the suppliers names. (12) After reviewing the City Manager's recommendation, the City Commission may: 1. Approve the City Manager's award recommendation and negotiated contract(s); 2. Reject all proposals; 3. Reject all proposals and instruct the City Manager to reissue a solicitation; or 4. Reject all proposals and instruct the City Manager to enter into competitive negotiations with at least three individuals or firms possessing the ability to perform such services and obtain information from said individuals or firms relating to experience, qualifications and the proposed cost or fee for said services, and make a recommendation to the City Commission. The decision of the City Commission shall be final. Written notice of the award shall be given to the Successful Proposer. 2.27. RECORDS During the contract period, and for a least five (5) subsequent years thereafter, Successful Proposer shall provide City access to all files and records maintained on the City's behalf. 2.28. TERMINATION A. FOR DEFAULT If successful Proposer defaults in its performance under this Contract and does not cure the default within 30 days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Successful Proposer shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Successful Proposer was not in default or (2) the Successful Proposer's failure to perform is without his or his Subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in the best interest of the City of Miami. To the extent that this Contract is for services and so terminated, the Successful Proposer shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.29. ADDITIONAL TERMS AND CONDITIONS Page 37 of 45 Request for Proposals (RFP) 945385 No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the. Proposer's authorized signature affixed to the Proposer's acknowledgment form attests to this. If a Professional Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or Agreement. Page 38 of 45 Request for Proposals (RFP) 945385 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK Background: The City of Miami Parks and Recreation Department ("Parks") is seeking proposals from 501(c)(3) not -for -profit entities for the programming and operation of the City of Miami's Morningside Park Tennis Center ("Tennis Center"), located at 750 NE 55 Terrace, Miami, FL 33137. General Description of the Tennis Center The Tennis Center underwent a total renovation in 2018 to include: • eight (8) hard courts; • sports lighting; • plaza with seating area; • practice wall; • landscaping and irrigation; and • Concession Building - (305 sq. ft.). As an operator on City property, the Successful Proposer will be expected to deliver a high level of customer service; working in partnership with the City, in a manner that reflects positively upon the City. The hours of operation for the Tennis Center shall be at the discretion of the Successful Proposer, but shall not exceed the operating hours of Morningside Park, which are as follows: Monday - Friday: 7:OOam — 9:OOpm Saturday - Sunday: 7:00am — 8:OOpm The City shall be responsible for: • Landscape maintenance surrounding the exterior perimeter of the courts within the Park; • Solid waste and recycling disposal — dumpster pick up; • Major capital improvements; • Tennis court resurfacing (when City deems it necessary); and • Provision of tennis court lighting (when City deems it necessary). The Successful Proposer shall be responsible for: 1. The operation/management of the Tennis Center, including the provision of all required labor, supervision, operating rules, equipment, supplies, tools, materials; 2. The administrative management and delivery of a prescribed tennis program by USPTA certified personnel, for all ages and activity levels including youth, adults, active adults above the age of 55, persons with disabilities; 3. The facilitation of tennis court use for public access as well as programed activities to include clinics and Page 39 of 45 Request for Proposals (RFP) 945385 tournaments; 4. Management of the facility as their own to include, managing advertising and promotions, pricing for services, design of programs and responsible for the all upkeep to ensure amenities are delivered in a safe and useable condition; 5. Litter control within the entire Tennis Center; 6. Collection of garbage and recycling — within Tennis Center and disposal within designated dumpster; 7. General court maintenance such as nets, windscreens and banners; 8. Janitorial services for building, walkways, public areas within Tennis Center to include sweeping, pressure cleaning, leaf blowing, leaf litter removal etc.; 9. Routine maintenance including but not limited to windscreens, court nets, tennis score tubes, court valets, and tennis building light bulbs; 10. Payment of utility costs, including electricity, telephone, interne and security system. Successful Proposer shall be responsible for establishing its own account for electrical service at the Tennis Center; 11. Operation and management of concession stand. Successful Proposer shall obtain and maintain all required licenses and permits; 12. Preparation of an annual program plan showing a proposed schedule that offers programming opportunity for all ages including, youth, adults, active adults above the age of 55, persons with disabilities and designated public access times, to also include planned clinics, tournaments, or other planned activities. Note: Advertising and promotion activities undertaken by the Successful Proposer shall be related solely to its Tennis Program that will be offered at the Tennis Center, pursuant to the Agreement resultant from this RFP. All advertising and promotion activities shall be conducted in compliance with Section 38-66 of the City Code, titled "Advertising and Signs". Successful Proposer shall: 1. Present a program plan for all ages, in collaboration with Parks to enhance the tennis programs offered to City residents; 2. Obtain and maintain a Business Tax Receipt to conduct business at the Tennis Center. Any fees related to this requirement are the responsibility of the Successful Proposer; 3. Maintain a current staff contact list with Parks Department including with onsite Park Manager and Administration Office via the Project Manager. This list must include all employees and volunteers, who are expected to perform any work at the Tennis Center; 4. Develop strategies to incorporate children enrolled in summer camp and afterschool at Park within Tennis programming plan. 5. Submit monthly financial reports within ten (10) days after the end of each month, detailing the Tennis Center's gross receipts from all operations, including programs and concession stand; and 6. Submit Annual Reports detailing the programmatic and financial activities of the Tennis Center upon the conclusion of each contract year. Note: Successful Proposer shall relinquish control and use of the courts to the City when the City requires use of courts due to a City event. Except in the event of an emergency, the City will provide the Successful Proposer two (2) weeks notice in advance of any events during which the City will require use of the courts. Page 40 of 45 Request for Proposals (RFP) 945385 4. Submission Requirements 4.1. SUBMISSION REQUIREMENTS Proposers shall carefully follow the format and instruction outlined below, observing format requirements where indicated. Proposals should contain the information itemized below and in the order indicated. This information should be provided for the Proposer and any sub -consultants to be utilized for the work contemplated by this Solicitation. Proposals submitted which do not include the following items may be deemed non -responsive and may not be considered for contract award. The Proposal shall be written in sufficient detail to permit the City to conduct a meaningful evaluation of the proposed services. However, overly elaborate responses are neither requested nor desired. Sealed written Proposals must be received by the Office of the City Clerk no later than the date, time and at the location indicated in within the RFP cover page, in order to be considered. Faxed documents are not acceptable. One (1) unbound original and six (6) copies in digital format (on CD ROM or USB in .pdf file format), of the Proposer's Proposal must be timely received by the Office of the City Clerk, no later than the date, time, and at the location in the RFP cover page. Untimely or misdelivered submittals will not be considered. The responses to this solicitation shall be presented in the following format. Failure to do so may deem your Proposal non -responsive. A. Include the signed RFP Certification Statement. B. Include in detail, evidence that clearly demonstrates Proposer meets the minimum qualification requirements, pursuant to Section 2.7, Proposer's Minimum Qualifications 1. Cover Page The Cover Page should include the Proposer's name; Contact Person for the RFP; Firm's Liaison for the Contract; Primary Office Location; Local Business Address, if applicable; Business Phone and Fax Numbers, if applicable Email addresses; Title of RFP; RFP Number; Federal Employer Identification Number or Social Security Number. 2. Table of Contents The table of contents should outline, in sequential order, the major sections of the Proposal as listed below, including all other relevant documents requested for submission. All pages of the Proposal, including the enclosures, should be clearly and consecutively numbered and correspond to the table of contents. 3. Executive Summary A signed and dated summary of not more than one (1) page containing Proposer's overall qualifications and experience and technical qualifications, as contained in the submittal. Proposer shall include the its goals and expected outcomes related to the operation of the Tennis Center. 4. Proposer's Experience / Oualifications / Past Performance 1) Describe the Proposer's organizational history and structure, past performance and state the number of years Page 41 of 45 Request for Proposals (RFP) 945385 Proposer and/or firm has been in business providing a similar service(s). Provide number of employees and the primary markets served. 2) Provide a written narrative demonstrating three (3) years of experience managing the operation of a tennis complex or center and associated programs prior to the issuance of this RFP, not to exceed two (2) pages in length. 3) Provide a detailed list of three (3) comparable contracts (similar in scope of services to those requested herein) which the Proposer has either ongoing or completed within the past five (5) years. The description should identify for each project: i. Client; ii. Description of work; iii. Total dollar value of the contract; iv. Dates covering the term of the contract; v. Client contact person and phone number; and vi. Detail Proposer's responsibilities and the results of the project. Specify whether or not the anticipated results of each project were met; if not met, please provide an explanation. In the event that the Proposer has not performed three (3) comparable contracts within the past five (5) years, the Proposer shall provide information that demonstrates its ability to perform the required services. 4) Provide information concerning any prior or pending litigation, either civil or criminal, involving a governmental agency or which may affect the performance of the services to be rendered herein, in which the Proposer, any of its employees is or has been involved within the last five (5) years. 5) Provide a minimum of two (2) letters of reference from clients to whom services related to tennis programming and facility operations were provided. Each letter must include the referring organization's name, telephone number, and email address of its contact person. The City reserves the right to contact any reference as part of the qualification process. 6) Provide a copy of Proposer's Independent Audit for its most recently ended fiscal year. 7) Describe any relevant industry/subject matter expertise, including any experience in the requested services listed herein, and any unique or proprietary project methodologies relevant to the requested services. 8) Identify if Proposer has taken any exception to the terms of this solicitation. If so, indicate what alternative(s) is being offered and the cost implications of the exception(s). 9) Provide copies of any certifications or memberships relevant to the programming and operation of the Tennis Center, held by the Proposer. Page 42 of 45 Request for Proposals (RFP) 945385 5. Key Personnel Performing Services 1. Provide an organizational chart showing the Proposer's Center Manager, Tennis Program Manger, USPTA certified instructors, and all other key personnel, including their titles, to be assigned to this project. All key personnel include all managers, coaches/instructors and other staff that will perform work and/or services in the project resulting from this solicitation. This information shall include the general functions to be performed by each employee. Include resumes if available. 2. Describe the experience, qualifications and other vital information, including number of years of relevant experience on previous similar projects, of all key personnel, who will be assigned to this project. 3. Provide information or documentation to Proposer's qualifications and experience from which the City of Miami can benefit under this contract. Note: After proposal submission, but prior to the award of any contract issued as a result of this Solicitation, the Proposer has a continuing obligation to advise the City of any changes, intended or otherwise, to any key personnel identified in its proposal. 6. Proposed Approach to Providing the Services 1. Provide a programming narrative, not to exceed ten (10) pages, detailing all proposed programming, including but not limited to: 1. Seasons, annual tournaments, clinics days/times to be provided at the Tennis Center 2. Operational plan that clearly indicates how the Proposer plans to provide the services requested in this Solicitation. The Proposer's operational plan must detail how the Proposer intends to fully satisfy the service requirements outlined within Section 3.1, Specifications/Scope of Work, of this RFP, to include targeted audience, type of programs, age groups. 3. Detail on programming and accommodations made available to disabled individuals. 4. Detail on how patrons can enroll in programs, membership management, tracking of participation. 5. Marketing plan to attract City of Miami Resident participation. 6. Describe how Proposer has applied the proposed project approach in comparable contracts to make recommendations to improve programs, and describe the net effect of those recommendations. 7. Proposed Public Benefit Provide a written narrative detailing the public benefit, specifically that to City residents, that the Proposer will deliver in conjunction with its Tennis Program (e.g. scholarships, reduced or waived costs, specialized programming, etc.). Note: The Evaluation Committee will use the information provided in the proposal to determine the Proposer's understanding and ability to address the City's unique needs. 8. Proposed Compensation Proposer shall state its proposed compensation it will pay to the City for the ability to operate the Tennis Center. Page 43 of 45 Request for Proposals (RFP) 945385 Proposer shall submit pricing stated as a flat, fixed fee per month, and a percentage of gross receipts from all Tennis Center operations including program fees and concession stand revenues. Proposer must use Attachment B, Compensation Proposal. Page 44 of 45 Request for Proposals (RFP) 945385 5. Evaluation Criteria 5.1. EVALUATION CRITERIA Each proposal will be reviewed to determine whether or not it is responsive to the submission requirements outlined in this Solicitation. A responsive proposal is one which follows the requirements of the solicitation, includes all required documentation, is submitted in the format outlined in this Solicitation, is of timely submission, and has appropriate signatures as applicable. Failure to comply with these requirements may result in the proposals being deemed non -responsive. Proposals will be evaluated by an Evaluation Selection Committee (Committee) which will evaluate and rank proposals on criteria listed below. The Committee will be comprised of appropriate City personnel and members of the community, as deemed necessary, with the appropriate experience and/or knowledge. The criteria are itemized with their respective weights for a maximum of one hundred (100) points per Committee member. Below are the criteria and weight: Technical Criteria and Points Proposer's relevant experience, qualifications, and past performance (25 points) Relevant experience and qualifications of key personnel that will be (25 points) assigned to the project. Proposer's approach to providing the services requested in this solicitation to include programmatic offering Proposed public benefit of services offered Price Criteria and Points Proposer's proposed compensation (20 points) (20 points) (10 points) Maximum Points Available 100 Page 45 of 45