Swimming_Lessons_at_Roby_George_Pool_(Addendum_#2_Revision).pdf

RFP# 202418 Page 1

REQUEST FOR PROPOSALS

FOR

SWIMMING LESSONS AT ROBY GEORGE POOL

RFP# 202418

Submittal Due Date:

Wednesday, May 29, 2024 at 2:00 pm, EST

Non-Mandatory Pre-Submittal Meeting:

Friday, May 17, 2024, EST

ISSUED BY:

Procurement & Contract Services Department

450 SE 6th Avenue Homestead, FL 33030

Date Issued: Friday, May 10, 2024

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/cityofhomestead https://secure.procurenow.com/portal/%7bproject.government.code%7d

RFP# 202418 Page 2

TABLE OF CONTENTS

1. INTRODUCTION

2. DUE DATE

3. SCOPE OF SERVICES

4. GENERAL PROVISIONS

5. INFORMATION REQUIRED OF PROPOSER

6. SUBMISSION OF PROPOSAL

7. QUESTIONS REGARDING SPECIFICATIONS OR PROCESS

8. OTHER MATTERS

9. TERMS & CONDITIONS OF AGREEMENT

10. FEDERAL PROVISIONS

11. PROPOSAL EVALUATION COMMITTEE & PROCEDURES FOR REVIEW OF

PROPOSALS

12. EVALUATION/AWARD CRITERIA

13. DOCUMENT UPLOAD

Attachments:

A - Price Schedule Form

B - COH Required Forms

C - Subrecipient Sample Agreement

RFP# 202418 Page 3

1. INTRODUCTION

1.1. Summary

The City of Homestead is issuing this Request for Proposals (RFP) to obtain qualified partners to implement a Community Development Block Grant (CDBG) Program to provide free Swimming

Lesson at the Roby George Pool to low-income residents residing within the City of Homestead

City limits. Funding is provided through the CDBG program and subject to all applicable rules and regulations. The successful vendor will enter into a sub-recipient agreement with the City of

Homestead that outlines the scope of services, performance measures, and payment. The vendor will be responsible for ensuring the participants are City of Homestead residents and are low-income per HUD guidelines. The vendor will provide every aspect of the swimming program, provide proof that each participant is a City of Homestead resident and low-income in order to be reimbursed by the City for expenses according to an approved schedule. The funds will be awarded to the most responsive respondent or respondents in the best interest of the City of Homestead.

This project is funded in conjunction with CDBG #B-23-MC-12-0055.

This project will be federally assisted through the Department of Housing and Urban Development with Community Development Block Grant (CDBG) funds. Successful applicants are required to comply with City and Federal guidelines, including 2 CFR Part 200 and all other applicable laws and regulations. CDBG program is governed by 24 CFR Part 570. Additional regulations that apply to the program include Section 3, Fair Housing, Labor Standards, and uniform administrative requirements.

Eligibility as a Sub-Recipient for CDBG funds Applicants for Public Service Projects must meet the CDBG definition of a Sub-recipient either as: 1) A private non-profit agency, or 2) A public agency. Private non-profit applicants must be able to demonstrate proof of tax-exempt nonprofit status under Section 501(c)(3) of the Internal Revenue Code.

The City of Homestead is an Equal Opportunity Employer. MBE/WBE/DBE businesses are encouraged to participate.

It is not required that the successful Proposer have previous experience with the City of

Homestead.

1.2. Background

The selected Contractor shall provide free swimming lessons to the maximum amount of children possible in two (2) weeks segments according to National Swim Instruction standards within the established budget of $25,000. The lessons shall be provided Monday through Friday between the hours of 10:00 a.m. and 12:00 p.m. at the Roby George Park Swimming Pool.

1.3. Contact Information

Lilia Jaimes-Renteria, CPPB, NIGP-CPP

Buyer II

100 Civic Court

RFP# 202418 Page 4

Homestead, FL 33030

Department: Parks & Recreation Services

1.4. Timeline

Release

Project

Date:

May 10, 2024

Pre-

Proposal

Meeting

(Non-

Mandatory):

May 17, 2024, 10:00am

Agenda

A NON-MANDATORY pre-proposal conference will be held on the date and time listed above in the

Procurement & Contract Services Department conference room located at 450 SE 6th Avenue, Homestead, Florida 33030. At that conference all work will be discussed and all questions answered. No questions will be answered verbally except at the pre-proposal conference. You may submit questions via the Questions &

Answer tab.

Webex Meeting Link:

https://cityofhomestead.webex.com/cityofhomestead/j.php?MTID=md2f07ba676bf03c65f8d4c9c24752554

Question

Submission

Deadline:

May 22, 2024, 5:00pm

Proposal

Submission

Deadline:

May 29, 2024, 2:00pm

JOIN THE VIRTUAL RFP OPENING:

https://cityofhomestead.webex.com/cityofhomestead/j.php?MTID=m240073d70997cad1405ba80d8330fdd1

Note: Sessions may be recorded. Please turn your camera off and mute your microphone before joining the meeting.

2. DUE DATE

A. Proposals may be received up to but not later than Wednesday, May 29, 2024 at 2:00 pm via the City e-Procurement Portal located at https://procurement.opengov.com/portal/cityofhomestead. The City e-Procurement Portal

Clock is the official clock for the determination of all deadline dates and times. Without exception, responses will not be accepted after the submission deadline regardless of any technical difficulties such as poor internet connections. The City of Homestead strongly recommends completing your response well ahead of the deadline.

https://government-project.s3.amazonaws.com/85967/6f71a3b4-5377-4905-b2d4-0cf9f528533e_202418-RFP_Meeting_Agenda.pdf https://cityofhomestead.webex.com/cityofhomestead/j.php?MTID=md2f07ba676bf03c65f8d4c9c24752554 https://cityofhomestead.webex.com/cityofhomestead/j.php?MTID=m240073d70997cad1405ba80d8330fdd1 https://procurement.opengov.com/portal/cityofhomestead

RFP# 202418 Page 5

B. Proposals received after the closing time and date, for any reason whatsoever, will not be considered. Any disputes regarding timely receipt of proposals shall be decided in the favor of the City of Homestead. Proposers shall assume full responsibility for timely delivery at the location designated for receipt of proposals. The City of Homestead cannot be responsible for proposals received after opening time and encourages early submittal. Proposals received by the City after the time specified for receipt will not be considered and shall be returned, unopened.

C. All information required by this Request for Proposal must be supplied to constitute an acceptable proposal.

3. SCOPE OF SERVICES

3.1. GENERAL:

The City of Homestead intends to utilize Community Development Block Grant (CDBG) funds to provide swimming lessons to residents residing within City of Homestead City limits. The program will cover the cost of all supplies, instruction, and other costs that are necessary to deliver program results. All expenses are approved in advance and incorporated into the sub-recipient agreement. The funds will be awarded to the most responsive respondent or respondents in the best interest of the City of Homestead.

The City intends to implement the program for the summer from June through August 2024.

3.2. SCOPE OF SERVICES:

The City of Homestead is seeking proposals from experienced and capable parties for the purpose of entering into an agreement with a firm to develop, operate, manage promote, implement and supervise swimming lesson programs and services at the Roby George Park

Swimming Pool.

The selected Respondent shall provide a safe, high quality and customer-oriented operation with well-maintained equipment and experienced staff; and offer diverse swimming programs and services that are normally associated with the municipal industry; for example, various skill levels and age level group. Additionally, the successful Respondent will act as an Independent

Contractor to develop, promote, and manage all swim lesson related programs at Roby George

Park Swimming Pool, which shall be subject to the overall policy direction and approval of the

Director of Park and Recreation.

The vendor will be responsible for ensuring the participants are City of Homestead residents and are low-income per HUD guidelines. The vendor will provide every aspect of the swimming program, provide proof that each participant is a City of Homestead resident and low-income in order to be reimbursed by the City for expenses according to an approved schedule. The funds will be awarded to the most responsive respondent or respondents in the best interest of the City of Homestead.

RFP# 202418 Page 6

The selected Respondent shall provide free swimming lessons to the maximum amount of children possible in two (2) week segments according to National Swim Instruction standards within the established budget of $25,000. The lessons shall be provided Monday thru Friday between the hours of 10:00AM and 12:00PM at the Roby George Park Swimming Pool.

3.3. MINIMUM QUALIFICATIONS

A. Have a minimum of three (3) years prior experience in managing and operating public swimming lesson programs and services.

B. Possess knowledge of business operations and the legal requirements associated with this type of operations

C. Have experience as a manager of a recreation facility and/or program.

D. Provide clear swim lessons level structure defined with standards set forth by American

Red Cross, Starfish Aquatic Institute, Ellis and Associates curriculum that includes level description, ages, minimum and maximum participants per class, and swimming skill expectations.

3.4. STAFFING:

A. All staff and volunteers who work directly with children shall have a current Level II

Background Screening and Fingerprinting requirement.

B. All swim instructors must hold a swim instruction certification from an accredited organization such as:

1. The American Red Cross

2. YMCA

3. US Masters Swimming

4. National Swimming Pool Foundation

C. Hold a CPR and First Aid certification.

D. Hold a Water Safety Certification.

E. Be at least 17 years of age.

F. Have prior experience

G. Demonstrate practical knowledge of swimming lessons.

H. The City reserves the right to request the dismissal of any staff, volunteer, or contractor whose performance or actions are deemed detrimental to the program or not acceptable to

City policies.

RFP# 202418 Page 7

I. The Contractor shall operate a drug free workplace and dismiss any staff, volunteer, or contractor involved in but not limited to misconduct, drugs, alcohol consumption, use or possession of firearms while on City premises.

3.5. CONTRACTOR'S RESPONSIBILITIES:

The Contractor shall use reasonable care and diligence to provide the following services for the operation of the pool:

A. Provide swim lessons for the months of June and July for a negotiated fee payable by the

City. The lessons shall be provided Monday through Friday between the hours of 10:00 a.m. and 12:00 p.m.; and

B. Provide the Director of Parks and Recreation or his designee with a written program schedule which shall be recommended by the Contractor and approved by the Director of

Parks and Recreation or his designee; and

C. Develop, operate, manage, promote, implement and supervise swim lesson programs, including various skill levels and age level group; and

D. Submit any documents and/or marketing materials, not limited to flyers, banners, advertisement, and social media posts related to Swim Lesson Programs to the Director of Parks and Recreation or his designee for final approval prior to distribution; and

E. Ensure all participants are City of Homestead residents and are low-income per HUD guidelines.

F. Recruit, train, compensate, and assign staff and/or volunteers to perform all tasks associated with conducting swim lesson operations. The term “staff” does not include

City of Homestead lifeguards but rather; includes employees, volunteers, coaches, site supervisors and anyone else necessary to adequately perform the duties required by this

RFP; and

G. Ensure that employees of the Contractor are distinctively uniformed so as to be identifiable as the selected Contractor staff and not City employees and ensure that all personnel and volunteers wear identification approved by the City which “must” be in their immediate possession on their person at all times during the operations of the program and must be produced immediately for inspection at the request of City of

Homestead personnel; and

H. Provide a qualified, on-site manager or designee who shall be available during normal business hours and be on call, at all times, for emergencies or other matters related to the swim lesson services; and

I. Ensure that all on-site supervisors are First Aid, CPR, and AED Certified; and

RFP# 202418 Page 8

J. Provide all equipment needed for swimming lessons; and

K. Check and test all safety equipment; and

L. Maintain records, as required by the County, and authorize inspection of such records by request; and

M. Furnish and supply first aid kits adequate to the size and operation of the lessons. The

First Aid Kit shall carry supplies for a minimum of 25 persons and at minimum include:

adhesive bandages, sterile pads, gauge pads, eye pads, tape, dressings, elastic bandage, antiseptic, ammonia inhalants, rescue blanket, scissors, tweezers, latex gloves, clean wipes, eye wash, elastic gauze, butterfly closure, large bandage patch. The First Aid Kit should also include a pocket mask with a one-way valve, and a bodily fluid exposure kit.

The Manager shall also provide first responder first aid kits, including rubber gloves and pocket mask with one-way valve, for all on duty personnel; and

N. Work with the City to resolve complaints and immediately report all complaints; and

O. Retain a log of problems/complaints. The City will review this log regularly; and

P. The Contractor shall ensure the safety and security of all pool guests including those inline/process of entering the facility.

3.6. RESPONSIBILITIES OF THE CITY:

The City will be responsible for the maintenance and replacement of the pool, equipment, buildings, structures, utilities, and surrounding areas. The Contractor will make every reasonable effort to prevent losses and damages to City owned property and equipment during hours of operation. Damaged or malfunctioning equipment should be reported immediately to the Roby

George Park Supervisor. The City will provide the following pool services:

A. Routine pool maintenance to ensure clean and safe water throughout the swimming season.

B. Check filter and backwash as needed.

C. Weekday maintenance of Pool Building restrooms.

D. Test pool water, add chemicals, and maintain testing log.

4. GENERAL PROVISIONS

4.1. PERFORMANCE EVALUATION

Throughout the contract period the vendor(s) performance will be monitored by City staff.

Performance measure will assess the effectiveness of their operations, capabilities, and responsiveness to the contract. Performance measures include but not limited to:

RFP# 202418 Page 9

• Monitoring the vendor is following the requirements of the program and adhering to requirements as this is a federal program. Although the vendor wishes to assist everyone interested in the program, it is crucial to follow the program requirements identified in scope of services and agreement.

• Monitoring that the vendor is obtaining the valid documentation, confirming students reside within Homestead city limits is a must as well as obtaining clear data on the number of residents enrolled in the swimming program.

• Monitoring the outcome of the participants at the end of program.

Complete performance measures will be outlined in a subsequent agreement with awarded vendor.

4.2. CONTRACT AWARD

The proposer understands that this RFP does not constitute an offer or a contract with the City. A contract shall not be deemed to exist, and is not binding, until proposals are reviewed and accepted by the City and executed by all parties.

4.3. INDEPENDENT CONTRACTOR; NO GUARANTEE; EXECUTION OF

AGREEMENT

At all times during the term of the contract, the successful Contractor(s) shall act as an independent Contractor and at no time shall be considered an agent or partner of the City. The

City does not guarantee any work during the term of the Agreement. The City and the Awarded

Contractor shall execute a contract (“Agreement”) within thirty (30) days after Notification of

Award based upon the requirements set forth in the RFP through action taken by the City

Council at a fully authorized meeting. If the Contractor awarded the project fails to enter into an

Agreement as herein provided, the award may be declared null and void, and the project may be awarded to the next most responsible and responsive Respondent, or re-advertised, as determined by the City. The initial term of the Agreement awarded pursuant hereto shall be from the effective date of the Agreement.

5. INFORMATION REQUIRED OF PROPOSER

In order to ensure a uniform review process and to obtain the maximum degree of comparability, it is expected that the Proposals be organized in the manner specified.

5.1. TITLE PAGE

Show the name of Proposer's agency/firm, address, telephone number, name of contact person, date, and the subject: RFP# 202418 Swimming Lessons at Roby George Pool.

5.2. TABLE OF CONTENTS

The table of contents should outline in sequential order the major areas of the submittal, including enclosures. All pages must be consecutively numbered and correspond to the Table of

Contents. Clearly identify the material by section and page number.

RFP# 202418 Page 10

5.3. LETTER OF TRANSMITTAL/APPROACH

The Proposer shall provide an introduction letter on corporate letterhead, signed by an authorized representative of the company. The letter should clearly indicate the company name, address and signature. This letter shall provide a brief narrative highlighting the Proposer’s proposal. This tab section should not include cost quotations.

A. Provide a narrative of the proposed approach and methodology for engaging with City representatives in the course of performing the services. Proposer shall explain its understanding of the work to be performed, the commitment to perform the work, a statement explaining why the contractor believes itself to be qualified to perform the engagement. Briefly state your firm's understanding of the work to be done and provide a positive commitment to perform the work.

B. Give the names of the person(s) who will be authorized to make representations for your firm, their titles, addresses and telephone numbers.

5.4. FIRM QUALIFICATIONS AND EXPERIENCE

Each Proposer shall submit information and documentation requested that confirms it meets the following qualification requirement(s):

A. Overview of firm - Describe the size of Proposer and its ability to provide required services to the City. Include the location of the office to perform the work and explain the purpose of the firm. Also provide the following: firm name, name of parent company (if applicable), complete business address, state of incorporation, number of years in business, Dun and Bradstreet number, licenses obtained to conduct business with the

City.

1. Describe your current operations and the manner and scope of other services provided currently or in the last five (5) years. Describe the Proposer's management capacity and system for coordinating all of the services to be provided under this RFP and any other contracts of the Proposer. Further, discuss how it plans to handle and coordinate all these efforts, along with the services to be performed pursuant to the RFP, if awarded a contract.

2. Provide information as to whether Proposer has been acquired, plans to be acquired or merged with any other firms in the future, if known. Explain how said merger with another entity(s) may affect the services to be provided to the City, if any.

B. Litigation – list any and all past and/or pending litigation, lawsuits, disputes, filing of or any pending bankruptcy proceedings, including the disposition of same, filed against the

Proposer relating to the work described herein that your firm has been involved in within the last five (5) years. This list shall include each project name and the nature of the litigation, filing or claim.

RFP# 202418 Page 11

C. Financial Information – Provide financial data for your company as well as any other subcontractor with which you are proposing to use in this project. Provide audited financial statements for the past three (3) years. The City is interested in awarding this

RFP to an organization that is financially sound. The financial statement, preferably audited, shall be for the firm which is submitting the proposal and shall include the following items: current and net fixed assets and any other assets; current liabilities, long term liabilities, and other liabilities; and name and address of firm preparing the financial statement and the date of preparation.

D. Subcontractors – list any sub-contractors that may be used to accomplish this service.

E. Insurance- Upon submission of Proposal, Proposer shall provide Certificate(s) of

Insurance and any other documentation outlined below evidencing current in-force insurance to City’s Risk Management Department. These are mandatory insurance requirements, please be sure to fulfill each requirement listed below. All policies, endorsements, certificates and/or binders shall be subject to approval by the City’s Risk

Management as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by a duly authorized representative of the City. A lapse in any required insurance coverage during this Contract shall be considered a material breach. Further it is understood and agreed by Proposer that nothing in this provision shall waive or otherwise limit the right of the City to modify INSURANCE

REQUIREMENTS to meet the demands of special or unique circumstances.

Accordingly, those rights are expressly reserved by the City. The insurance obligations under this Contract shall be all the insurance coverage and/or limits carried by or available to the Proposer or the minimum insurance requirements and/or limits shown in this Contract, whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover obligations of the Proposer under this Contract. If evidence of insurance provided by Proposer does not comply with the requirements of this section, the City reserves the right but not the obligation to deem your Bid non-responsive. Throughout the term of this agreement and for all applicable statutes of limitation periods, Proposer agrees to have and maintain in full force and effect the insurance policies set forth in this article. All policies must contain an endorsement requiring minimum thirty (30) days written notice from the insurance company to the City prior to cancellation or any change in coverage, scope or amount of any such policy or ten-day notice for non-payment of premium. PROPOSER

EXPRESSLY AFFIRMS THAT IT HAS HAD THE OPPORTUNITY TO RECOVER

THE COSTS OF THE INSURANCE REQUIRED IN ITS CONTRACT PRICE.

RFP# 202418 Page 12

1. All insurance policies shall be issued by insurers that are authorized to transact business in the State of Florida, and have an A. M. Best's financial and size rating of

A-VII or better.

2. All insurance policies, except Property, Workers Compensation and Professional

Liability (if applicable), shall name and endorse the following as additional insured:

The City of Homestead, its employees, directors, officers, agents, independent contractors, successors and assigns, and other authorized representatives as additional insured to the extent of the contractual obligation assumed by the Proposer. The

Commercial General Liability policy shall be endorsed with the ISO CG2010

Additional Insured endorsement (or similar policy coverage form or endorsement with coverage at least as broad as the ISO CG 2010) and the ISO CG 2037 Additional

Insured – Completed Operations endorsement (or similar policy coverage form or endorsement with coverage at least as broad as the ISO CG 2037). As additional insured, the City shall be defended and indemnified for claims to the extent caused by the acts, actions, omissions or negligence of Proposer, its employees, agents, subcontractors, and representatives; but is not defended or indemnified for the additional insured’s own acts, actions, omissions, negligence. Proposer shall provide a copy of the policy endorsements at any time upon City request.

3. It is specifically agreed that the City of Homestead shall not be liable to the Proposer for any liability arising out of the performance of this Agreement. Proposer specifically waives any and all rights of recovery it may have against the City of

Homestead, independent of any waiver of rights of recovery by any insurer. All insurance policies shall include a Transfer of Rights of Recovery Against Others to

Us/Waiver of Subrogation in favor of the City. Proposer agrees to obtain any endorsement that may be necessary to effect all waivers of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

4. All insurance policies shall be endorsed to provide that (a) Proposer’s insurance is primary and non-contributory to any other Insurance available to the City of

Homestead with respect to claims covered under the policy and (b) Proposer’s insurance applies separately to each insured against who claims are made or suit is brought and that the inclusion of more than one insured shall not operate to increase the insurer’s limit of liability. Self-insurance shall not be acceptable. Any policy including a self-insured retention (“SIR”) in the primary layer of liability in any amount must be submitted to and approved by the City’s Risk Management

Department prior to risk approval.

RFP# 202418 Page 13

5. If the Proposer fails to submit the required insurance certificate(s) in the manner prescribed with the executed agreement submitted to the City and if not submitted with the executed agreement in no event exceed three (3) calendar days after request to submit certificate(s) of insurance, the Proposer shall be in default, and the Contract may be rescinded at the City’s sole discretion. Under such circumstances, the

Proposer may be prohibited from submitting future solicitations to the City.

6. Proposer shall carry the following types of insurance coverage whether products and/or services provided by Proposer to the City in connection with the performance of this Contract occur on City premises or not. (Commercial General Liability must be carried by all Contractors):

a. WORKER'S COMPENSATION: As required by the State of Florida with the statutory limits, and include employers’ liability insurance with a limit of not less than $1,000,000 for each accident, $1,000,000 for each disease and $1,000,000 for aggregate disease. Policy shall be endorsed with a “Waiver of Our Right to

Recover From Others” endorsement which favors the City. A copy of NCCI Form

WC 00 03 13 (or similar endorsement with coverage at least as broad as NCCI

Form WC 00 03 13) issued by the insurer may be required for risk review and shall be provided to the City at any time upon request. If Proposer’s worker’s compensation program is part of an employee-leasing or co-employment arrangement where certain Statutory employees may be excluded from coverage, Proposer specifically agrees to indemnify, hold harmless, defend against and pay or reimburse the City for losses the City or its insurers may be obligated to pay to any natural person who is denied workers compensation benefits or employers liability coverage that arise out of or result from Proposer’s employee-leasing or co-employment arrangement.

b. AUTOMOBILE LIABILITY: Proposer shall carry automobile liability insurance with minimum limits of One Million ($1,000,000) dollars, combined single limit per accident for bodily injury liability and property damage. The policy is to be written on ISO Form CA 00 01 covering any auto (Symbol 1) or if

Proposer has no owned autos, covering hired (Symbol 8) and non-owned (Symbol

9) autos. Policies shall be endorsed to add the City of Homestead as Additional

Insured and include a Waiver of Subrogation in favor of the City. Coverage must be primary and non-contributory to any other insurance available to the City of

Homestead. Copies of the endorsements or policy forms reflecting these terms may be required for risk review and shall be provided to the City at any time upon request.

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c. COMMERCIAL GENERAL LIABILITY: Proposer shall carry Commercial

General Liability Insurance (“CGL”) for all on-going and completed operations and shall include but shall not be limited to Contractual, Products and Completed

Operations and Personal and Advertising Injury coverage with limits of not less than: One million ($1,000,000) dollars each Occurrence and for Personal and

Advertising Injury coverage and Two million ($2,000,000) dollars for Products –

Completed Operations Aggregate and General Aggregate. The CGL must include but shall not be limited to the following listed Coverages: Coverage A – Bodily

Injury and Property Damage Liability, Coverage B – Personal and Advertising

Injury Liability, and Coverage C – Medical Payments. Coverage shall include but shall not be limited to coverage for premises and/or operations, independent contractors, products and/or completed operations for contracts, contractual liability, broad form contractual coverage, broad form property damage, products, completed operations, and personal injury. Personal injury coverage shall include coverage that has the employee and contractual exclusions removed. Proposer’s

CGL coverage shall be primary and non-contributory. For any claim related to this contract, this coverage shall be primary coverage at least as broad as ISO CG

20 01 04 13 – PRIMARY AND NONCONTRIBUTORY – OTHER

INSURANCE CONDITION as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the

City, its officers, officials, employees, or volunteers shall be excess of the

Proposer’s insurance and shall not contribute with it. Proposer shall provide copy of this policy endorsement to the City at any time upon request. The City’s Risk

Management Department shall not accept an insurance policy that includes the

ISO CG 21 39 CONTRACTUAL LIABILITY LIMITATION or similar endorsement. The CGL must be endorsed to add the City of Homestead as

Additional Insured and include a waiver of subrogation endorsement in favor of the City. Copies of these endorsements and/or policy forms reflecting these terms may be required for risk review and shall be provided by Proposer to the City at any time upon request.

d. PROFESSIONAL (ERRORS & OMISSIONS) LIABILITY INSURANCE:

Proposer shall carry and maintain professional liability insurance with minimum limits of $1,000,000 per Claim or Occurrence and $2,000,000 Aggregate. Unless coverage is written on an Occurrence Form, the retroactive date must be evidenced on the COI provided to the City and must be no later than the date of this Contract. If coverage is written on a Claims-Made form, Proposer shall satisfy the requirements of this Section by either: (1) maintaining a Professional

Liability policy as outlined above for 36 months post-completion OR (2)

RFP# 202418 Page 15 terminating Professional Liability insurance coverage post-completion AND purchasing an Extended Reporting Period (“ERP”) Endorsement (with a 36-month term minimum) within 10 working days of policy termination. If Proposer chooses Option (2) at any time post-completion, a copy of the ERP shall be provided to the City within 30 calendar days.

e. SEXUAL ABUSE AND MOLESTATION INCIDENT

COVERAGE: Proposer shall carry and maintain Sexual Abuse and Molestation

Incident Coverage (“SAMIC”) with minimum limits of $1,000,000 per Claim or

Occurrence and $2,000,000 Aggregate. The City will accept either: SAMIC coverage specifically endorsed to the Proposer’s ISO CGL policy OR as a stand-alone policy.The City shall NOT accept attempts to confirm SAMIC by its

“silence” in the Proposer’s CGL (i.e. that there is no specific CGL exclusion).

Only a written confirmation of the affirmative grant of SAMIC from an authorized representative of the insurer shall be accepted as satisfactory evidence.If coverage is written on a Claims-Made form, Proposer shall satisfy the requirements of this Section by either: (1) maintaining a SAMIC coverage as outlined above for 36 months post-completion OR (2) terminating SAMIC insurance coverage post-completion AND purchasing an Extended Reporting

Period (“ERP”) Endorsement (with a 36-month term minimum) within 10 working days of policy termination. If Proposer chooses Option (2) at any time post-completion, a copy of the ERP shall be provided to the City within 30 calendar days.

7. Proposer shall be solely responsible for ensuring that all vendors and/or independent or sub-contractors (“sub-contractors”) also comply with the insurance requirements, terms, conditions, limits and related criteria as outlined above and shall specifically require Commercial General Liability, Auto Liability, Professional Liability and

Florida Workers Compensation coverage from any sub-contractor utilized by

Proposer.

8. PROPOSER’S PROPERTY: Proposer and its subcontractors, if any, are solely responsible for any loss or damage to their personal property, including but not limited to tools and equipment, and temporary structures, rented machinery, or owned and leased equipment. A waiver of subrogation shall apply in favor of the City of

Homestead.

9. Proposer shall provide the City of Homestead’s Contract Administrator/Buyer with a copy of the certificate(s) of insurance and endorsements evidencing the types of insurance and coverage required in this Section within three (3) calendar days of

Proposer’s receipt of Notice of Intent to Award the Contract and, at any time

RFP# 202418 Page 16 thereafter, upon request by the Contract Administrator/Buyer, It is the PROPOSER’S responsibility to ensure that the Contract Administrator/Buyer is provided with evidence of current insurance on file with the City during the term of this Agreement, or longer as may be required herein.

10. Proposer's insurance policies shall be endorsed to provide the City with at least thirty

(30) calendar days prior written notice of cancellation, non-renewal, restrictions, or reduction in coverage or limits or ten days for non-payment of premium. Notice shall be sent to: City of Homestead Attn: Parks & Recreation Services 100 Civic Court

Homestead, FL 33030

11. At any time while this Agreement is in force, if any of the Proposer’s insurance policies are written on a Claims-Made coverage form, then Proposer shall maintain such insurance coverage for a period of THREE (3) years after the expiration or termination of this agreement (including any and all extensions and/or renewals) OR provide City with an Extended Reporting Period endorsement with a minimum term of no less than THREE (3) years, as evidence of the City’s ability to present a claim(s) past the expiration of the Claims Made policy(ies) which arise from work performed under this Bid during any Claims Made policy period.

12. If any of Proposer's Insurance policies

a. includes a general aggregate limit and

b. provides that claims investigation and/or legal defense costs and/or expenses are included within the policy’s general aggregate limit, the general aggregate limit of said policy(ies) shall be no less than five (5) times the per occurrence limit as specified above in this Section.

13. The provisions of this Section shall survive the expiration or termination of this agreement.

14. PAYMENT: If any of the insurance policies required under this Section lapse during the term of this agreement or any extension or renewal of the same, Proposer shall not receive payment from the City until such time that the City has received satisfactory evidence of reinstated coverage of the types and coverage specified in this Section that is effective as of the lapse date. The City, in its sole discretion, may terminate the

Agreement immediately and no further payments shall be due to Proposer.

15. RENEWAL OF INSURANCE: Proposer shall be responsible for assuring that the insurance certificate/ endorsements required in conjunction with this section remains in force for the duration of the Contract term. If the insurance certificate/endorsements are scheduled to expire during this period, Proposer shall be

RFP# 202418 Page 17 responsible for submitting a new or renewed insurance certificate/ endorsements to the City at a minimum of thirty (30) calendar days in advance of such expiration. In the event that expired certificate/endorsements are not replaced with a new or renewed certificate(s) evidencing acceptable insurance coverage which covers the

Contract term, the City may suspend this Agreement until such time as the new or renewed certificate/endorsements evidencing acceptable insurance coverage are received by the City.

16. MINIMUM COVERAGE: Insurance coverage in the minimum amounts set forth herein shall not be construed as to relieve Proposer of liability in excess of such coverage, nor shall it preclude or otherwise limit the City from taking other action(s) as may be available under any other provision(s) of this Agreement or otherwise in law or equity.

17. CONFLICT: In the event that a conflict arises between the provisions of any agreement, contract or understanding that arises out of this RFP and this Section, the provisions of this Section shall control and prevail.

18. DISCLOSURE OF INFORMATION: Proposer agrees that the City may disclose the name and contact information of its insurers to any third party which presents a claim against the City for any damages or claims resulting from or arising out of work performed by the Proposer, its agents, employees, servants or subcontractors in the performance of this contract.

19. RELAXATION OR SUSPENSION OF INSURANCE REQUIREMENTS: If, in the opinion of the City, full compliance with the insurance requirements in this

Section is not commercially practicable for the Proposer, and would not be commercially practicable for most other Proposers qualified to perform the Project or

Work, at the written request of the Proposer, the City may, in its sole discretion, and subject to any conditions it deems appropriate, relax or temporarily suspend, in whole or in part, the insurance requirements which would otherwise apply to the Proposer.

As a condition to any such relaxation of the insurance requirements, City may require

Proposer to provide the City with written evidence satisfactory to the City that full compliance with the insurance requirements is neither commercially practicable for the Proposer, nor commercially practicable for most other Proposers qualified to perform the Work. Any such modification shall be subject to the prior written approval of the City, and subject to the conditions of such approval.

20. SUBSEQUENT AGREEMENTS: The requirements of this Section shall extend to any subsequent written agreement which results from this RFP and shall represent the

City’s minimum insurance requirements. Proposer understands and agrees that the insurance requirements may be updated or amended at the sole discretion of the

RFP# 202418 Page 18

City’s Risk Manager in any subsequent agreement executed which is subject to this

RFP based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.

5.5. SIMILAR PROJECTS

To demonstrate experience and success in conducting similar work, the proposer shall provide a minimum of three (3) references of similar sized projects with appropriate reference information, concentrating only on those projects completed within the last five (5) years or currently underway by the Proposer’s firm as follows:

A. Client name, address, phone number, and email address

B. Description of all services provided

C. Performance period

D. Total annual amount of contract

E. Name of team members who were actively involved in providing services for the reference.

F. If services terminated prior to the end of the contract term, explain why.

NOTE: Please do not include projects completed or currently underway with the City.

5.6. KEY PERSONNEL QUALIFICATIONS AND EXPERIENCE

Provide an organizational chart that includes identification of the project manager and individuals that will perform on-site work for this project:

• List qualifications of each employee that will be assigned to this contract. Resumes shall be submitted for each person.

• Identify point of contact for this contract.

5.7. PROJECT APPROACH TO OBTAINING INPUT AND PLANNING

• State your firm’s technical approach to the project and the interpretation of the scope of services.

• Define the adequacy of resources, including personnel, labor, equipment and supply resources.

5.8. FORMS

The attached Sworn Statement regarding Public Entities Crimes (PEC), Americans with

Disabilities Act Non-Discrimination Statement (ADA), Business Entity Affidavit, Certification

Regarding Lobbying, E-Verify, Scrutinized Companies form, Vendor Registration Instructions, Small and Minority and Women’s Business Enterprise form, DBE, Protest Procedures, W9 form, RFP# 202418 Page 19

Certification of Debarment, and Proposer's Certification Form must be completed and submitted with proposal. (Forms are attached at the end of this RFP).

5.9. ELECTRONIC PRICING TABLE

Pricing shall be submitted separate from proposal via Electronic Pricing Table. No reference shall be made to fees in the proposal submission. Failure to adhere to this requirement may result in disqualification. In order to insure a uniform review process and to obtain the maximum degree of comparability, it is required that the proposals be organized in the manner specified.

6. SUBMISSION OF PROPOSAL

6.1. Format of Submittal

For a proposal to be eligible, the format set forth in this RFP Section VII should be strictly followed.

6.2. Incurred Expenses

The City is not responsible for any expenses which proposers may incur preparing and submitting proposals called for in this Request for Proposals.

6.3. Interviews

The City reserves the right to conduct personal interviews or require presentations prior to selection. The City will not be liable for any costs incurred by the proposer in connection with such interviews/presentations (i.e. travel, accommodations, etc.).

6.4. Request for Modification

The City reserves the right to request that the Proposer modify his proposal to more fully meet the needs of the City.

6.5. Proposal Acknowledgment

By submitting a proposal, the Proposer certifies that he has fully read and understands the proposal method and has full knowledge of the scope, nature, and quality of work to be performed.

6.6. Request for Additional Information

The Proposer shall furnish such additional information as the City of Homestead may reasonably require. This includes information which indicates financial resources as well as ability to provide the system and/or services. The City reserves the right to make investigations of the qualifications of the Proposer as it deems appropriate, including but not limited to, a background investigation conducted by the Homestead Police Department.

6.7. Acceptance/Rejection/Modification to Proposals

The City reserves the right to negotiate modifications to Proposals that it deems acceptable, reject any and all proposals, and to waive minor irregularities in the proposals and to make awards in the best interest of the City.

RFP# 202418 Page 20

6.8. Proposals Binding

All proposals submitted shall be binding for 365 calendar days following opening.

6.9. Addendum or Amendment to Request for Proposal

Addenda Notification: Bidders are required to register for an account via the City e-Procurement

Portal hosted by OpenGov. Once the bidder has completed registration, they will receive addenda notifications to their email by clicking “Follow” on this project. Ultimately, it is the sole responsibility of each bidder to periodically check the site for any addenda at https://procurement.opengov.com/portal/cityofhomestead.

6.10. Questions and/or Request for Clarification

Bidders shall submit all inquiries regarding this bid via the City e-Procurement Portal, located at https://procurement.opengov.com/portal/cityofhomestead. Please note the deadline for submitting inquiries. All answers to inquiries will be posted on the City e-Procurement Portal.

Bidders shall also click “Follow” on this bid to receive an email notification when answers are posted. It is the responsibility of the bidder to check the website for answers to inquiries.

6.11. Economy of Preparation

Proposals should be prepared simply and economically, providing a straightforward, concise description of the Proposer's ability to fulfill the requirements of the proposal.

6.12. Proprietary Information

In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as may be provided by other applicable State and Federal Law, all Proposers should be aware that

Request for Proposals and the responses are in the public domain. However, the proposers are required to identify specifically any information contained in their proposals which they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law. All proposals received and presentation slides and notes from Proposer’s in response to this Request for Proposal will become the property of the

City of Homestead and will not be returned to the Proposer’s. In the event of contract award, all documentation produced as part of the contract will become the exclusive property of the City.

Florida State Statute affords government agencies a defined amount of time to review proposals and related information before the information is subject to Florida Public Records statutes. The applicable statute is included here: “Florida Statute 119.071 as amended by HB 7223; Sealed bids, proposals or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, proposals or final replies, whichever is earlier.”

6.13. Agreement

The intent of this Proposal is to enter into an Agreement with a firm that can provide the services as specified herein. The City reserves the right, in its sole discretion, to request services and to award a contract to any or all the vendors selected to provide services under this RFP. Further, RFP# 202418 Page 21 the City makes no representations that it will have any or a specific requirement(s) level for services from any or all other vendors.

6.14. Local Preference

Local Preference shall not apply to this solicitation.

6.15. Availability of Funds

The obligations of the City of Homestead under this award are subject to the availability of funds lawfully appropriated for its purpose by the City Council of the City of Homestead.

7. QUESTIONS REGARDING SPECIFICATIONS OR PROCESS

7.1. CONE OF SILENCE

A. Definitions: “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:

1. a potential vendor, service provider, proposer, bidder, lobbyist, or consultant; and,

2. the City Councilmembers, City’s professional staff including, but not limited to, the

City Manager and his or her staff, and any member of the City’s selection or evaluation committee.

B. Restriction; Notice: A Cone of Silence shall be imposed upon each RFP, RFQ and bid after the advertisement of said RFP, RFQ or bid. At the time of imposition of the Cone of

Silence, the City Manager or his or her designee shall provide for public notice of the

Cone of Silence by posting a notice at the City Hall. The City Manager shall issue a written notice thereof to the affected departments, file a copy of such notice with the City

Clerk, with a copy thereof to each City Councilmember, and shall include in any public solicitation for goods or services a statement disclosing the requirements of this section.

C. Termination of Cone of Silence: The Cone of Silence shall terminate at the beginning of the City Council meeting (whether regular, special or Committee of the Whole meeting) at which the City Manager makes his or her written recommendation to the City Council.

However, if the City Council refers the Manager’s recommendation back to the Manager or staff for further review, the Cone of Silence shall be reimposed until such time as the

Manager makes a subsequent written recommendation.

D. Exceptions to Applicability: The provisions of this section shall not apply to:

1. oral communications at pre-bid conferences;

2. oral presentations before selection or evaluation committees;

RFP# 202418 Page 22

3. public presentations made to the City Councilmembers 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 Procurement and Contract Services 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 the bidders regarding a particular bid during the time period between the opening of bids and the time the

City Manager makes his…