2011-56RESOLUTION NO. 2011 -56
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED AGREEMENT
BETWEEN THE CITY OF AVENTURA AND PEAR
PROGRAMS, LLC TO PERFORM RECREATION
PROGRAMS, ACTIVITIES, EVENTS, CLASSES AND
ATHLETIC LEAGUE MANAGEMENT SERVICES AS SET
FORTH IN RFP 11- 8 -8 -2; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Agreement (the "Agreement ") in substantially the form attached hereto, between the
City of Aventura and PEAR Programs, LLC to perform recreation programs, activities,
events, classes and athletic league management services as set forth in RFP 11- 8 -8 -2.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Weinberg, who moved
its adoption. The motion was seconded by Commissioner Stern, and upon being put to
a vote, the vote was as follows:
Commissioner Bob Diamond
yes
Commissioner Teri Holzberg
yes
Commissioner Billy Joel
yes
Commissioner Michael Stern
yes
Commissioner Luz Urbaez Weinberg
yes
Vice Mayor Zev Auerbach
yes
Mayor Susan Gottlieb
yes
Resolution No. 2011 -56
Page 2
PASSED AND ADOPTED this 21St day of September, 2011.
80SAN GOTTLIEB , MAYOR
ATTEST:
ERESA M/:
ITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
k-4" �/
CITY ATTORNEY
AGREEMENT
BETWEEN THE CITY OF AVENTURA AND PEAR PROGRAMS, LLC
TO PROVIDE RECREATION PROGRAMS, ACTIVITIES, EVENTS,
CLASSES AND ATHLETIC LEAGUE MANAGEMENT SERVICES
THIS AGREEMENT is entered into this 21St day of September, 2011
between the City of Aventura, a Florida municipal corporation, (CITY), and PEAR
Programs, LLC (CONTRACTOR).
WHEREAS, the CITY desires to retain the professional services of
CONTRACTOR to provide recreation programs, activities, events, classes and
athletic league management services; and
WHEREAS, the CONTRACTOR desires to provide professional recreation
programs, activities, events, classes and athletic league management services to
the CITY and its residents.
ARTICLE I
SCOPE OF SERVICES
The CONTRACTOR agrees to:
1.1 Provide professional recreation programs, activities, events, classes and
athletic league management services for CITY residents at the Aventura
Community Recreation Center, CITY parks and facilities in accordance
with the conditions and specifications as set forth in RFP # 11 -8 -8 -2
(attached hereto as Exhibit "A ") and all existing and future rules,
regulations, and procedures relating to the usage of the CITY's facilities.
1.2 Conduct all recreation programs, activities, classes, events, leagues, and
services as assigned by the City Manager, or his designee, in a
professional, careful and responsible manner with due regard for the safety
of the participants and others, during normal operating hours.
CONTRACTOR shall also advise the Community Services Director, in
writing, of all schedules, to which the Community Services Director may
recommend changes.
1.3 Be solely responsible, at CONTRACTOR's sole expense, for securing,
providing and compensating all assistants, instructors, counselors, officials,
and other personnel costs associated with providing recreation programs,
classes, activities, events, athletic leagues, or as required by the CITY, at
its sole discretion. The CITY shall provide the necessary sports
equipment, classrooms, athletic fields, and facilities for all recreation
programs, and shall register participants for all programs as described in
Section 1.2 at no cost to the CONTRACTOR. The CITY will provide office
space where available.
1.4 Be solely responsible for procuring, providing and paying for player and
staff uniforms, transportation, supplies, admissions, and all other costs
associated with providing recreation programs, classes, activities, events
and athletic leagues as may be required, and to perform these professional
recreation management services safely and adequately.
1.5 Actively recruit and train volunteers to fulfill the roles of coaches, officials,
scorekeepers, team parents, and other capacities for youth athletics and
other programs.
1.6 Provide all recreation programs, activities, events, classes, and athletic
leagues as directed by the Community Services Director, at his sole
discretion. The Community Services Director shall authorize each activity,
class, league, or program prior to planning registration and approve all
schedules prior to conducting registration.
1.7 Provide proof or documentation that all officials used by CONTRACTOR
are certified, as approved by the Community Services Director, prior to the
start of each league.
1.8 Provide the CITY with a copy of rules for each league for CITY approval
prior to the start of each season.
1.9 Provide that all coaches involved in youth sports or leagues shall be
certified by the NYSCA (National Youth Sports Coaches Alliance), NAYS
(National Association of Youth Sports), or other approved sanctioning
organization.
1.10 Advise the CITY, at no charge, of specific purchasing needs including all
other related costs.
1.11 Provide the CITY with any special maintenance requirements with at least
seven (7) days prior notice. CITY shall approve all uniforms prior to
issuance.
1.12 Actively supervise all recreation programs, classes, activities, events,
athletic leagues, and other services, providing a minimum of one employee
for each site during all activities. A 1/10 supervision ratio shall be
maintained at all times for all programs and other activities.
1.13 Provide active supervision of all youth sports teams during all practices,
clinics, and games. All children shall be constantly and appropriately
supervised at all times.
1.14 Recognize that all City facilities shall be available for general public use at
anytime, except for league games, or as otherwise authorized by the
Community Services Director.
1.15 Be responsible for enforcing compliance with the approved rules for all
leagues and programs. The CITY reserves the right to enact other rules, if
necessary, at its sole discretion.
1.16 Have all of the CONTRACTOR's volunteers and employees complete
Florida Department of Law Enforcement (FDLE) Volunteer and Employee
Criminal History Screening (VECHS) or Florida Department of Children and
Families (DCF) background screening in accordance with the Community
Services Department Policy 1.7.1 prior to having contact with children. All
background screening shall be completed using the CITY's LIVESCAN
device during the times and dates as determined by the CITY.
Furthermore, the CITY reserves the right to enforce trespass laws upon
and /or suspend, bar, ban, or expel any CONTRACTOR employee, coach,
volunteer, counselor, or instructor from any CITY facility, park or center for
any reason, at its sole discretion, without recourse from the subject person
or the CONTRACTOR.
1.17 Provide, upon request from the CITY, concession and snack services for
leagues, events or other programs at various locations. CONTRACTOR
shall arrange for such services at no expense to CITY. CITY shall approve
menu items and pricing prior to the sale of any item.
ARTICLE 2
FEES AND COMPENSATION
2.1 The CONTRACTOR shall be compensated for services rendered pursuant
to the Agreement from fees collected by the CITY from participants or
teams participating in recreational programs, classes, and leagues. All
fees shall be approved by the City Manager, and CONTRACTOR shall not
alter existing fees, or introduce any new fees without the written approval
of the City Manager. CONTRACTOR shall be paid 70% of all revenues
derived from all recreational programs managed by CONTRACTOR
hereunder after CITY's background screening costs have been deducted.
Said payments shall be due and payable by the fifteenth of each month for
revenues derived from the previous month.
2.2 CONTRACTOR shall collect revenues from concession and snack services
as described in 1.17 herein, and shall pay the CITY 10% of the gross
revenues by the fifteenth of each month from concession and snack
revenues derived from the previous month.
2.3 CONTRACTOR shall not charge any participant for any other services not
contained in the Agreement.
2.4 All items sold by CONTRACTOR shall be approved by the Community
Services Director prior to offering any item for sale.
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2.5 Upon special request from the CITY, CONTRACTOR shall provide hourly
employees. Those persons shall remain employees of CONTRACTOR, not
CITY. CONTRACTOR shall charge an amount equal to 1.5 of the
employee's hourly salary. CONTRACTOR shall provide CITY with a list of
hourly rates annually for all personnel classifications.
2.6 CONTRACTOR may solicit sponsors for recreational sports leagues,
subject to CITY approval, at its sole discretion. Sponsors shall not be
solicited without the express written consent of the Community Services
Director.
ARTICLE 3
TERMINATION OF AGREEMENT
This Agreement may be terminated upon ten (10) days written notice from the
CITY at CITY's sole discretion. In the event of termination by the CITY, the
CONTRACTOR shall not be entitled to any compensation other than that earned
prior to and during the notice period. CONTRACTOR may terminate this
Agreement, at its sole discretion, by giving thirty (30) days written notice to the
CITY.
ARTICLE 4
INDEPENDENT CONTRACTOR
CONTRACTOR has control over the means and methods by which it performs
the services. CONTRACTOR, its employees and agents shall be deemed
independent contractors and not agents or employees of the CITY, and shall not
attain any rights or benefits generally afforded City employees; further,
CONTRACTOR, its employees and agents shall not be deemed entitled to the
CITY'S worker's compensation, insurance benefits or similar laws.
ARTICLE 5
INDEMNIFICATION CLAUSE
CONTRACTOR agrees to defend, indemnify and hold harmless the CITY from
and against any and all claims, suits, damages, liabilities or causes of action
arising during the term of this Agreement, arising out of, related to, or in any way
connected with the performance or non - performance of any provision of this
Agreement required of the CONTRACTOR, including personal injury, loss of life
or damage to property and from and against any orders, judgment or decrees
which may be entered, and from and against all costs, attorney's fees, and
expenses incurred in and about the defense of any such claim and the
investigation thereof. However, nothing shall be deemed to indemnify CITY for
any liability or claim arising solely out of the negligent performance or failure of
performance of CITY.
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ARTICLE 6
INSURANCE
6.1 CONTRACTOR shall provide, pay for, and maintain in full force at all times
during the period of this Agreement, each of those forms and amounts of
insurance as is set forth in the "Insurance Requirements' section of the
RFP, and shall name CITY as additional insured as required therein. The
CONTRACTOR'S insurance coverage shall be considered the primary
coverage.
ARTICLE 7
MISCELLANEOUS
7.1 CONTRACTOR shall, without additional expenses to CITY, be responsible
for obtaining any necessary licenses and for complying with any
applicable federal, state, county, and municipal laws, ordinances, and
regulations in connection with the performance of the services specified
herein. CONTRACTOR shall take proper safety and health precautions,
including the employment of needed assistance, to protect participants,
the CITY, the public and property of others. CONTRACTOR shall be
responsible for all services performed during the term of this Agreement.
7.2 The CONTRACTOR shall not hold unauthorized classes or programs;
promote any privately owned business; or solicit any participant in a CITY
park or facility for any privately owned business. It is further understood
that such action(s) may result in immediate termination of the Agreement
and the forfeiture of all compensation due to the CONTRACTOR.
7.3 CONTRACTOR shall meet with the Community Services Director or
designee, and shall attend all meetings as required.
7.4 No modification, amendment, or alteration of the terms and conditions
contained herein shall be effective unless contained in a written document
executed with the same formality and equal dignity herewith.
7.5 This Agreement is non - transferable or assignable, and CONTRACTOR
agrees not to transfer or assign the performance of services called for in
the Agreement.
7.6 This Agreement sets forth the full and complete understanding of the
Parties as of the effective date, and supersedes any and all negotiations,
agreements, and representations made or dated prior to this Agreement.
7.7 This Agreement shall commence effective as of September 22, 2011 for
an initial five (5) year term, subject to renewals and extensions by mutual
written agreement. The City Manager shall act for CITY hereunder.
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IN WITNESS THEREOF, the parties hereto have made and executed this
Agreement on the date above:
ATTEST:
Teresa M. Soroka, MMC
City Clerk
APPROVED AS TO LEGAL FORM:
City Attorney
Am
CITY OF AVENTURA
A
Eric M. Soroka, ICMA -CM
City Manager
CONTRACTOR
PEAR Programs, LLC
EXHIBIT "A"
CITY OF AVENTURA
REQUEST FOR PROPOSALS
11 -8 -8 -2
F 0
l
r
Recreation Programs, Activities, Events, Classes and
Athletic League Management Services
SUBMITTAL DATE: August 8, 2011 2:00 P.M.
7
REQUEST FOR PROPOSALS
RFP # 11 -8 -8 -2
CITY OF AVENTURA
RECREATION PROGRAMS, ACTIVITIES, EVENTS, CLASSES AND
ATHLETIC LEAGUE MANAGEMENT SERVICES
The City of Aventura is requesting proposals from qualified firms to provide
recreation programs, activities, events, and athletic league management services
for the City of Aventura. Interested firms may obtain the Request for Proposals
package at www.cityofaventura.com /finance /bids.shtmi, or at the following:
Finance Department
City of Aventura
19200 West Country Club Drive
Aventura, FL 33180
Submittals must be received no later than 2:00 p.m. on August 8, 2011 and
clearly marked on the outside" RFP # 11 -8 -8 -2 Recreation Programs,
Activities, Events, Classes and Athletic League Management Services ".
Late submittals will not be accepted.
Pursuant to City Code Sec. 2 -260 (Ordinance 2002 -12), public notice is hereby
given that a "Cone of Silence" is imposed concerning this City's' competitive
purchasing process, which generally prohibits communications concerning the
RFP from the time of advertisement of the RFP until the beginning of the City
Commission meeting at which the City Manager makes a written
recommendation to the City Commission concerning the competitive purchase
transaction. Please see the detailed specifications for the public solicitation for
services for a statement fully disclosing the requirements of the "Cone of
Silence ".
CAMPAIGN FINANCE RESTRICTIONS ON VENDORS
A. Pursuant to Ordinance 2005 -14; City Code Section 2 -420, vendors of the
City are prohibited from in any way providing campaign contributions to
City commission candidates.
B. City Code Sec. 2 -420. Prohibited campaign contributions by vendors.
(a) General, prohibition, disqualification, definitions.
(1) a. No vendor shall give, solicit for, deliver or provide a
campaign contribution directly or indirectly to a candidate, or to the
campaign committee of a candidate, for the Offices of Mayor or
Commissioner. Commencing on the effective date of this article, all
proposed City contracts, as well as requests for proposals (RFP),
requests for qualifications (RFQ), requests for letters of interest
(RFLI), or solicitations of bids issued by the City, shall incorporated
E-*3
notice of this section so as to notify potential vendors of the
proscription embodied herein.
b. No candidate or campaign committee of a candidate for the
Offices of Mayor or Commissioner, shall deposit into such candidate's
campaign account any campaign contribution which is received
directly or indirectly from a vendor or which such candidate or
campaign committee knows or should know was solicited by or for a
vendor or delivered or provided for a vendor. Candidates (or those
acting on their behalf) shall ensure compliance with this code section
by confirming through examination of the official vendor list which is
posted on the City's website to verify the vendor status of any
potential contributor. A candidate or the campaign committee of a
candidate shall not be in violation of this subsection if the vendor was
not listed as a vendor on the City's website at the time that the
contribution was received or deposited so long as the candidate or the
campaign committee of a candidate did not know that the person or
entity was a vendor of the City.
(2) Each prohibited act of giving, soliciting for, delivering or
providing a campaign contribution or depositing a campaign
contribution in violation of this section shall constitute a separate
violation. All contributions deposited into a candidate's campaign
account in violation of this section shall be forfeited to the City's
General Fund.
(3) a. A person or entity, other than a then existing vendor, who
directly or indirectly makes a campaign contribution to a candidate
who is elected to the office of Mayor or Commissioner shall be
disqualified for a period of 12 months following the swearing in of the
subject elected official from serving as a vendor with the City. A then
existing vendor who directly or indirectly makes a contribution to a
candidate who is elected to the Office of Mayor or Commissioner,
shall be disqualified from serving as a vendor with the City for a period
of 12 months from a final finding of a violation of this section, or from
the time of action on a waiver request by the City Commission
pursuant to subsection (b) below, in the event that a waiver is sought
by the vendor. In the event that such waiver request for a particular
transaction is granted, the affected vendor shall nonetheless be
disqualified from serving as a vendor with the City as to any other
goods, equipment or services to be provided by the vendor to the City,
beyond the vendor goods, equipment or services which are the
subject matter of any waiver which is granted. In the event such
waiver request is denied for a particular transaction the 12 -month
disqualification period shall continue to apply to both the particular
transaction for which the waiver was sought, as well as all other
vendor activities for the provision of goods, equipment or services to
the City during that 12 -month period.
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b. For purposes of this section, the term "disqualified" shall be
defined to include:
1. Termination of a contributor /vendor's existing contracts with the
City, subject to the applicable waiver provisions of subsection (b)
herein; and
2. Disqualification of a contributor's response to solicitation requests
for prospective vendor contracts with the city, subject to the applicable
waiver of subsection (b) herein.
(4) As used in this section:
a. Vendor.
1. A "vendor" is a person and /or entity who has been selected by
the City as the successful bidder on a present or pending bid to
provide to the City goods, equipment or services, or has been
approved by the City of a present or pending award to provide to the
City goods, equipment or services, prior to, upon or following
execution of a contract, or purchase order.
2. "Vendor" shall include natural persons and /or entities who hold a
controlling financial interest in a vendor entity. The term "controlling
financial interest" shall mean the ownership, directly or indirectly, of
ten percent or more of the outstanding capital stock in any corporation
or a direct or indirect interest of ten percent or more in a firm. The term
"firm" shall mean a corporation, partnership, business trust or any
legal entity other than a natural person.
3. "Vendor" shall not include City officers or employees.
4. For purposes of this section, "vendor" status shall terminate upon
completion of performance of the agreement for the provision of
goods, equipment or service.
b. Services. For purposes of this section, the term "services" shall
mean the rendering by a vendor through competitive bidding or
otherwise, of labor, professional and /or consulting services to the City,
including, but not limited to, the provision of lobbying services to the
City.
C. Campaign contributions. The term "campaign contribution" shall
have the meaning which is ascribed to the term "contributions"
pursuant to F.S. § 106.011, as amended.
(b) Waiver of prohibition.
(1) Criteria for waiver. The requirements of this section may be
waived by the affirmative vote of five members of the City Commission
for a particular transaction after a public hearing, upon finding that:
a. The goods, equipment or services to be involved in the proposed
transaction are unique and the City cannot avail itself of such goods,
equipment or services without entering into a transaction which would
violate this section but for waiver of its requirements; or
b. The business entity involved in the proposed transaction is the
sole source of supply as determined by the City Manager in
accordance with procedures established by the City Manager; or
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c. An emergency contract (as authorized by subsection 2- 253(5) of
this Code) must be made in order to protect the health, safety or
welfare of the citizens of the City; or
d. A contract for the provision of goods, equipment or services
exists which, if terminated by the City would be substantially adverse
to the best economic interests of the City.
(2) Limited waiver. Notwithstanding the denial of the City
Commission of a waiver request regarding the provision of goods,
equipment or services under an existing contract pursuant to
subsection (b)a. above, the City Commission, may by the affirmative
vote of five members of the City Commission after a public hearing,
grant a limited waiver concerning an existing contract for the provision
of goods, equipment or services between a vendor and the City upon
finding that in order to protect the health, safety and welfare of the
citizens of the City, it is necessary that the affected contract be
continued for a limited duration (not to exceed a period of six months)
in order for the City to obtain a replacement vendor.
(3) Full disclosure. Any grant of a waiver or limited waiver by the
City Commission must first be supported with a full disclosure of the
subject campaign contribution.
(c) Implementation. The City Manager is authorized to adopt
additional procurement procedures for goods, equipment or services
to implement this section. These procedures shall provide for the
assembly, maintenance and posting of an official City vendor list as
referenced above.
(d) Penalty. The Ethics Commission created pursuant to Miami -
Dade County Ordinance 97 -105, shall have primary jurisdiction for
enforcement of this section. A finding by the Ethics Commission that a
person violated this section, shall subject such person to an
admonition or public reprimand and /or a fine of $250.00 for the first
violation, and $500.00 for each subsequent violation.
(e) Applicability. This section shall be applied only prospectively to
campaign contributions which are made after the date of this section.
(Ord. No. 2005 -14, § 3, 10- 11 -05)
The City of Aventura reserves the right to accept or reject any and /or all
proposals or parts of proposals, to workshop or negotiate any and all proposals,
to waive irregularities, and to request re- proposals on the required materials or
services.
Eric M. Soroka
City Manager
11
REQUEST FOR PROPOSALS
SUBJECT: Recreation Programs, Activities, Events, Classes and
Athletic League Management Services
OPENING DATE & TIME: August 8, 2011 @ 2:00 P.M.
SUBMIT TO: Office of the City Manager
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
RFP NUMBER: 11 -8 -8 -2
INTENT
The City of Aventura, Florida is inviting the submission of proposals from
qualified firms to provide recreational programs, activities, events, classes,
athletic leagues, and other recreational services for the City of Aventura.
BACKGROUND
The City of Aventura has a diverse population of over 36,000, and desires to
engage the services of a qualified firm to provide comprehensive recreational
programs, events, leagues, services, classes, tournaments, and camps;
including but not limited to youth and adult sports, special events, city festivals,
senior activities, fitness classes and activities, after school programming and
other services as needed. The City of Aventura is located in the northeast corner
of Miami -Dade County and is approximately 3.5 square miles in size. The City
delivers a majority of its public and community services by utilizing firms
employing sound business practices with an emphasis on excellence and
effective customer service principles.
The City operates the following parks and community facilities:
1. Founders Park: 11 acre multi -use facility that contains an athletic field, two
clay tennis courts, fitness course, park building with restrooms, SplashPad
interactive water feature playground, 10,000 square foot playground,
shelters, and parking for 85 cars.
2. Waterways Park: 7 acre multi -use
field, 6,500 square foot playground
court, exercise path with fitness co
for 85 cars.
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facility that contains a lighted athletic
, covered pavilion, outdoor basketball
urse, park office building, and parking
3. Veterans Park: 2 acre facility with playground and open field play areas
and parking for 23 cars.
4. Waterways Dog Park: 1.5 acre leash free park for dogs and parking for 20
cars.
5. Don Soffer Exercise Fitness Trail: 3.1 mile paved exercise trail with
benches, chilled water fountains, trash cans, and ground lighting.
6. Aventura Community /Recreation Center: This membership based 25,000
square foot facility has two multi - purpose classrooms, computer center,
arts and crafts room, NCAA gymnasium, aerobics room, and fitness center
in a park setting on the Intracoastal Waterway.
7. Aventura City of Excellence School:
the Community Recreation Center,
school programming takes place.
SERVICES SOUGHT
This K -8 School is located adjacent to
and is where summer camp and after
The purpose of this request for proposal is to establish the most effective and
efficient methods of providing recreational programs, classes, activities, special
events, athletic leagues, and other recreational services for the City residents of
all ages.
The City utilizes an automated registration system where residents register for
programs in person or via the City's website.
The proposal shall include the following information at a minimum.
Qualifications of firm and principals, including but not limited to: firm's
history; number of years in business; quantity of programs, events, activities,
and leagues coordinated; experience of principals in similar settings; safety
record; local availability of key personnel; and has demonstrated the ability
to cooperate with local leisure services agencies.
2. Evidence of all licenses and permits required for the creation of general
recreation programming, athletic leagues, and special events
3. A plan to coordinate, implement and evaluate leagues, programs, and
events in conformance with all applicable laws and regulations. Proposers
shall provide a complete plan detailing general recreation programming for
all ages including fitness programs, senior, cultural, and lifelong classes and
activities, youth and adult athletic leagues, and special events.
PERFORMANCE, OPERATIONS, AND PERSONNEL STANDARDS
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✓ The successful firm shall provide proof that all volunteers, instructors and
employees (full time, part time, and temporary/seasonal) assigned to the
City have undergone both criminal background screening and drug
screening at the time of hire and during the term of the Agreement, at the
Contractor's sole expense.
✓ The successful firm will be required to meet with any involved City
Department upon by the City Manager or his designee. The successful
firm's account representative will be available to resolve any related
issues that arise during the normal course of providing the requested
services. The successful firm will be expected to coordinate and
communicate effectively with designated City personnel. The frequency,
nature, scope, and definition of the services desired by the City may
change from time to time, at the City's sole discretion.
✓ Tobacco use of any kind is not permitted while on duty at all City
programs.
✓ All financial transactions will be subject to City procedures and audit.
✓ All staff shall be fluent in English or be bi- lingual with English as one of
the spoken languages.
✓ All staff shall have current CPR and Basic First Aid Training certification.
✓ All staff shall be groomed to present a professional image for the City and
wear approved uniforms.
✓ The successful proposer shall have at least one management level
employee at each site while recreation activities, events, leagues, classes
and programs are being held, and supply enough personnel at all times to
provide sufficient supervision, at the City's sole discretion.
✓ The successful proposer shall provide services solely as an independent
contractor.
✓ All staff shall be prompt and dressed in proper uniforms when reporting to
duty. Uniforms for participants, coaches, and staff shall be provided by the
successful firm at their sole expense with City approval, at its sole
discretion.
✓ All programs shall be managed, led and operated in a safe, competent
and courteous manner.
✓ The successful firm will be responsible for providing food and snack
concessions to selected programs and events, subject to the City's
approval.
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CONTENT OF PROPOSAL
Please submit the following information, with responses numbered accordingly,
on
8.5" x 11 " sheets:
1. Name, address, telephone, fax number and email address of your firm.
2. Type of organization (i.e., individual, partnership, corporation, joint
venture, etc.), year established, and address of home office if different
than above.
3. Principals of the firm.
4. Name and title of person who will be responsible for City account.
5. Name, function, and qualifications of personnel in the organization who
will be involved in this project. Please note, to receive further
consideration, the contact person assigned to this project must, within
the past five years, have conducted or been solely responsible for
providing recreation program management services.
6. Compensation: Provide the following information:
a) Requested percentage of the revenues derived from registration
fees for all programs and activities. For example: 50/50 split of
revenue between contractor and City.
b) The cost basis for providing qualified personnel on an hourly basis.
For example: a multiplier of 1.10% times the employee's hourly
salary for computing salary costs.
c) Any other innovative examples of compensation methods.
7. General, workers compensation, automobile and professional liability
insurance company name, and extent of coverage.
8. Dress and /or Grooming Code for employees.
9. A complete list of present clients and at least three letters of
recommendation.
10. Any other information you feel is appropriate to assist in the selection
process.
11. Respondents must submit five (5) copies of the proposal.
Submittals shall be received no later than 2:00 P.M. on August 8, 2011 and
clearly marked on the outside "RFP # 11 -8 -8 -2 Recreation Programs,
Activities, Events, Classes and Athletic League Management Services
Proposal ".
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EVALUATION OF PROPOSALS
1. A Review Committee consisting of the Community Services Director, Parks
and Recreation Managers and an ACES representative will evaluate the
written proposals. Evaluation will include the following criteria:
✓ Qualification and experience of personnel who will be directly involved in
all elements of the work.
✓ Firm size, age, and organizational structure.
✓ Financial stability of firm.
✓ Firm's experience with recreation management services that is similar to
the requests of this RFP.
✓ Safety record.
✓ Innovative and creative approaches, ideas and concepts to providing
recreational services as evidenced by the submittal.
✓ Proven ability of firm to effectively manage recreation program
management services to ensure successful programs as directed by the
City.
2. The highest ranked proposals will be identified and those firms will be
requested to make a formal presentation before the selection committee. The
selected firms will then be ranked according to the content of their
presentations. The City Manager will then recommend that the City
Commission adopt a resolution authorizing the City Manager to negotiate an
agreement with the highest ranking firm to provide recreation management
services for the City; and if an agreement cannot be reached with the top
ranked firm, to negotiate with the next highest ranking firm.
QUESTIONS
Questions concerning this Request for Proposals should be directed in writing to:
Eric M. Soroka, City Manager
City of Aventura
19200 West Country Club Drive
Aventura, FL 33180
Issues of substance that are brought to the attention of the City will be responded
to in writing, and copies provided to all firms of record who have received copies
of the RFP.
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CITY'S RIGHTS
The City reserves the right to accept or reject any and /or all proposals or parts of
proposals, to workshop or negotiate any and all proposals, to waive irregularities,
and to request re- proposals on the required materials or services. The City
Commission shall make a final determination and award of proposal(s).
All materials submitted in response to the Request for Proposals become the
property of the City and will be returned only at the option of the City. The City
has the right to use any or all ideas presented in any response to the RFP,
whether amended or not, and selection or rejection of the Proposal does not
affect this right, provided however, that any submittal that has been submitted to
the City Manager's Office may be withdrawn prior to submittal opening time
stated herein, upon proper identification and signature releasing submittal
documents back to the proposing firm.
CONE OF SILENCE PROVISION
A. Notwithstanding any other provision of these specifications, the
provisions of City Code Sec. 2 -260 "Cone of Silence" are applicable to
this transaction. The "Cone of Silence," as used herein, means a
prohibition on any communication regarding a particular Request For
Proposal ( "RFP "), Request for Qualification ( "RFQ ") or bid, between:
A potential vendor, service provider, proposer, bidder,
lobbyist, or consultant, and:
the City Commission, City's professional staff including, but
not limited to, the City Manager and his or her staff, any
member of the City's selection or evaluation committee.
B. The Cone of Silence shall be imposed upon each RFP, RFQ
and bid after the advertisement of said RFP, RFQ, or bid.
C. The Cone of Silence shall terminate at the beginning of the City
Commission meeting at which the City Manager makes his or
her written recommendation to the City Commission. However,
if the City Commission refers the Manager's recommendation
back to the Manager or staff for further review, the Cone of
Silence shall be re- imposed until such time as the Manager
makes a subsequent written recommendation.
D. The Cone of Silence shall not apply to:
(1) Oral communications at pre -bid conferences;
(2) Oral presentations before selection or evaluation
committees;
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(3) Public presentations made to the City
Commissioners during any duly noticed public
meeting;
(4) Communications in writing at any time with any
City employee, unless specifically prohibited by
the applicable RFP, RFQ or bid documents. The
bidder or proposer shall file a copy of any written
communication with the City Clerk. The City Clerk
shall make copies available to any person upon
request;
(5) Communications regarding a particular RFP, RFQ
or bid between a potential vendor, service
provider, proposer, bidder, lobbyist or consultant
and the City's Purchasing Agent or City employee
designated responsible for administering the
procurement process for such RFP, RFQ or bid,
provided the communication is limited strictly to
matters of process or procedure already contained
in the corresponding solicitation document;
(6) Communications with the City Attorney and his or
her staff;
(7) Duly noticed site visits to determine the
competency of bidders regarding a particular bid
during the time period between the opening of bids
and the time the City Manager makes his or her
written recommendation;
(8) Any emergency procurement of goods or services
pursuant to City Code;
(9) Responses to the City's request for clarification or
additional information;
(10) Contract negotiations during any duly noticed
public meeting;
(11) Communications to enable City staff to seek and
obtain industry comment or perform market
research, provided all communications related
thereto between a potential vendor, service
provider, proposer, bidder, lobbyist, or consultant
and any member of the City's professional staff
including, but not limited to, the City Manager and
his or her staff are in writing or are made at a duly
noticed public meeting.
E. Please contact the City Attorney for any questions concerning Cone of
Silence compliance.
m
F. Violation of the Cone of Silence by a particular bidder or proposer shall
render any RFP award, RFQ award or bid award to said bidder or
proposer voidable by the City Commission and /or City Manager.
INSURANCE REQUIREMENTS
Such policy or policies shall be without any deductible amount unless otherwise
noted in this Agreement and shall be issued by approved companies authorized
to do business in the State of Florida, and having agents upon whom service of
process may be made in Miami -Dade County, Florida. The vendor shall pay all
deductible amounts, if any. The vendor shall specifically protect the City and by
naming the "City of Aventura" as additional insureds under the Commercial
Liability Policy as well as on any Excess Liability Policy coverage. The official
title of the certificate holder is the "City of Aventura." This official title shall be
used in all insurance documentation.
The Contractor shall purchase and maintain, in full force and effect for the life of
the contract, at contractor's sole expense, the following insurance policies:
A business automobile policy (including automobile liability, garage
keepers, and garage liability) which covers any vehicles used in
connection with this agreement, regardless of whether the vehicle
is owned, rented, hired or borrowed by the contractor. Minimum
limits for bodily /property damage liability shall be One Million
Dollars ($1,000,000) per occurrence. Coverage must be afforded
on a form no more restrictive than the latest edition of the Business
Automobile Liability Policy, without restrictive endorsements, as
filed by the Insurance Services Office, and must include:
Owned Vehicles, if applicable.
Hired and Non -Owned Vehicles, if applicable.
Employers' Non - Ownership, if applicable.
2. A Comprehensive general liability policy shall be provided which
shall contain minimum limits of One Million Dollars ($1,000,000) per
occurrence and Two Million Dollars ($2,000,000) combined single
limit for bodily injury liability and property damage liability.
Coverage must be afforded on a form no more restrictive than the
latest edition of the Commercial General Liability Policy, without
restrictive endorsements, as filed by the Insurance Services Office
and must include:
Premises and /or operations.
Independent contractors.
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Products and /or Completed Operations for contracts. Broad
Form Contractual Coverage applicable to this specific
Agreement, including any hold harmless and /or indemnification
agreement.
Personal Injury Coverage with Employee and Contractual
Exclusions removed, with minimum limits of coverage equal to
those required for Bodily Injury Liability and Property Damage
Liability.
3. A workers' compensation and employer's liability policy which
covers all of the contractor's employees to be engaged in work on
this contract as specified by and in accordance with Chapter 440,
Florida Statutes, as may be amended from time to time, the
"Workers' Compensation Law" of the State of Florida, and all
applicable federal laws. In addition, the policy(ies) must include:
Employers' Liability with a limit of One Hundred Thousand Dollars
($100,000) each accident.
The contractor acknowledges that the City will not be held responsible for
Workers' Compensation or medical care for any /all of the contractor's
employees.
The City of Aventura shall be named as additional insured on policies listed as 1-
3 of the contractor's above required policies of insurance except for the Workers'
Compensation insurance. The form and types of coverage and sufficiency of
insurer shall be subject to approval of the City Manager.
The contractor agrees to indemnify, defend and hold harmless the City of
Aventura from and against any and all claims, suits, judgments, executions,
and /or liabilities as to bodily injuries and /or property damages which arise or
grow out of this contract or contractors performance or operations hereunder.
The contractor shall, in its contract with the City, be required to indemnify and
hold harmless the City and its officers, agents, employees and instrumentalities
from any and all liability, claims, liabilities, losses, and causes of action, including
attorneys' fees and costs of defense which the City or its officers, employees,
agents and instrumentalities may incur as a result of claims, demands, suits,
causes of actions or proceedings of any kind of nature arising out of, or relating
to or resulting from the provision of professional recreation management services
by the contractor and /or its officers, employees, agents or independent
contractors. The contractor shall be required to pay all claims and losses in
connections therewith, and shall investigate and defend all claims, suits or
actions of any kind or nature in the name of the City, where applicable, including
appellate proceedings, and shall pay all costs, judgments and attorneys' fees
which may issue thereon. The City shall require that the contractor expressly
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understands and agrees that any insurance protection required by this
agreement or otherwise provided by the contractor shall in no way limit the
responsibility to indemnify, keep and save harmless and defend the City and its
officers, employees, agents or instrumentalities as herein provided.
Copies of all policies or certificates of such insurance shall be delivered to the
city, and said documentation shall provide for the City to be notified a minimum of
thirty (30) days prior to any cancellation, termination, reduction or non - renewal of
any required insurance policy.
The Contractor shall also, upon request by the City, provide copies of all official
receipts and endorsements as verification of contractor's timely payment of each
insurance policy premium as required by this contract.
Coverage is not to cease and is to remain in force (subject to cancellation notice)
until all performance required of the vendor is completed. All policies must be
endorsed to provide the City with at least thirty (30) days' notice of expiration,
cancellation, and /or restriction. If any of the insurance coverages will expire prior
to the completion of the work, copies of renewal policies shall be furnished at
least thirty (30) days prior to the date of their expiration.
The City reserves the right to review and revise any insurance requirements at
the time of renewal or amendment of this Agreement, including, but not limited to,
deductibles, limits, coverage, and endorsements based on insurance market
conditions affecting the availability or affordability of coverage, or changes in the
scope of work or specifications that affect the applicability of coverage. If the
vendor uses a subcontractor, then the vendor shall ensure that subcontractor
names the City as an additional insured.
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