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Certification of Contract Christmas Designers, Inc.c a~ -9~D~o m MIAMIBEACH CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: For Installation, Removal and Storage of Holiday Decorations CONTRACT NO.: 33-07/08 EFFECTIVE DATE(S): October 1, 2008, through September 30, 2011, with three (2) additional one (1)-year mutually agreeable renewal options. SUPERSEDES CONTRACTOR(S): 28-04/05 Christmas Designers Inc. ESTIMATED ANNUAL CONTRACT AMOUNT: $125,000 A. AUTHORITY -Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on September 10, 2008, for approval to award contracts, upon execution between the City of Miami Beach Florida and Contractor(s). B. EFFECT -This Contract is entered into for the installation, removal and storage of holiday decorations, pursuant to City Invitation To Bid (ITB) No. 33-07/08 and any addenda thereto, and Contractor's bid in response thereto (this Contract, the ITB, and Contractor's bid in response thereto may hereinafter collectively be referred to as the "Contract Documents"). C. ORDERING INSTRUCTIONS -All blanket purchase orders shall be issued in accordance with the City of Miami Beach Procurement Division policies and procedures, at the prices indicated, exclusive of all Federal, State and local taxes. All blanket purchase orders shall show the City of Miami Beach Contract Number (33- 07/08), with the current expiration date of September 30, 2011, 2012, or 2013, as applicable. D. CONTRACTOR PERFORMANCE -City of Miami Beach departments shall report any failure of Contractor for the installation, removal and storage of Holiday Decorations according to the requirements of the Contract Documents to Kevin Smith, City of Miami Beach, Parks and Recreation Director at 305-673-7000 ext. 6643. E. INSURANCE CERTIFICATE(S) -The Contractor shall file Insurance Certificates, as required, which must be signed by a Registered Insurance Agent licensed in the State of Florida, and approved by the City of Miami Beach Risk Manager prior to delivery of supplies, and/or commencement of any services/work by Contractor. 1 Certification of Contract F. ASSIGNMENT AND PERFORMANCE -Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party without the prior written consent of the City. In addition, Contractor shall not subcontract delivery of supplies, or any portion of work, and/or services required by the Contract Documents without the prior written consent of the City. Contractor warrants and represents that all persons providing/performing any supplies, work, and/or services required by the Contract Documents have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently provide/perform same, to City's satisfaction, for the agreed compensation. Contractor shall provide/perform the supplies, work, and/or services required under the Contract Documents in a skillful and respectable manner. The quality of the Contractor's performance and all interim and final product(s) provided to or on behalf of City shall meet the City's cleanliness standards for City facilities and parking garages. G. SERVICE EXCELLENCE STANDARDS -Excellent Customer Service is the standard of the City of Miami Beach. As a Contractor of the City, Contractor will be required to conduct itself in a professional, courteous and ethical manner, and at all times and adhere to the City's Service Excellence standards. Training will be provided by the City's Organizational Development and Training Specialist. H. PUBLIC ENTITY CRIMES - In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the Contract and may result in Contractor debarment. I. INDEPENDENT CONTRACTOR -Contractor is an independent contractor under this Contract. Supplies, work, and/or services, provided by Contractor pursuant to the Contract Documents shall be subject to the supervision of Contractor. In providing such supplies, work, and/or services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. J. THIlZD PARTY BENEFICIARIES -Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract and/or the Contract Documents. Therefore, the parties agree that there are no third party beneficiaries to this Contract and 2 Certification of Contract that no third party shall be entitled to assert a claim against either of them based upon this Contract and/or the Contract Documents. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract and/or the Contract Documents. K. NOTICES -Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: Gus Lopez, Procurement Director City of Miami Beach Procurement Division 1700 Convention Center Drive Miami Beach, Florida 33139 With copies to: Kevin Smith, Parks and Recreation Director City of Miami Beach Parks and Recreation Department 2100 Washington Avenue Miami Beach, Florida 33139 For Contractor: Christmas Designers, Inc. 3124 NW 16` Terrace, Pompano Beach, Florida 33064 Attn• Kevin Long L. MATERIALITY AND WAVER OF BREACH -City and Contractor agree that each requirement, duty, and obligation set forth in the Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 3 Certification of Contract M. SEVERANCE - In the event a portion of this Contract and/or the Contract Documents is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days a$er the finding by the court becomes final. N. APPLICABLE LAW AND VENUE -This Contract and/or the Contract Documents shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Contract and/or the Contract Documents. Contractor, shall specifically bind alt subcontractors to the provisions of this Contract and the Contract Documents. O. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions contained herein, or in the Contract Documents, shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City and Contractor. P. This Contract shall not be effective until all bonds and insurances) required under the Contract Documents have been submitted to, and approved by, the City's Risk Manager. Q. The RFP and all addenda issued, and Contractor's bid in response thereto, are attached to this Contract and are hereby adopted by reference and incorporated herein as if fully set forth in this Contract. Accordingly, Contractor agrees to abide by and be bound by any and all of the documents incorporated by the Contract Documents. Where there is a conflict between any provision set forth within (i) this Contract; (ii) the RFP; (iii) contractor's bid in response thereto, the more stringent provision (as enforced by the City) shall prevail. 4 PROCUREMENT Division TO: Robert Parcher, City Clerk FROM: Gus Lopez, CPPO, Procurement Director DATE: September 23, 2009 MEMORANDUM SUBJECT: CONTRACT N0.33-07/08 FOR THE INSTALLATION, REMOVAL AND STORAGE OF HOLIDAY DECORATIONS Attached please find the Contract Books pursuant to ITB 33-07/08 for Christmas Designers, Inc. The attached Contracts are for the City Clerk's and the Mayor's signature and execution. All four (4) Contracts have been executed by Christmas Designers, Inc. and they have agreed to all terms and conditions set forth in the contract. The City Attorney's Office has approved the form and language for contract execution. Please call Kenneth Patterson ext. 6615 when the contracts are fully executed and ready for pick-up. Thank you for your prompt attention to this matter. (~ Gus Lopez, CPPO Procurement Director F:\PU RC\$ALL\KEN N ETH\LETTE RS\33-07-08CityClerk.doc ~~Ve are m~mm~ired ro p~ovidmg exce~~ent public service and salery ro ail whp bve, work, and play ~n our v~bronr, tropical, hsror~c community Certification of Contract IN WITNESS WHEREOF the City and Contract~o~r~,ha~ve~ caused this Certification of Contract to be signed and attested on this ~~ day of"~`-'~~' 200, by their respective duly authorized representatives. CONTRACTOR CITY OF MIAMI BEACH _.~.. _ ' . K..~._ ~,. BY Presi ignature M yor ~~~ ~~ ~s Print Nam ~i' /l S'' ~C~ 4 ay ~,~ Date Date ATTES Secr aryl Signature Print Name ~~ F:\E'URC\$ALL\,SHIRLEY\contracts\33-07-08 Christmas Desingers.doc ATTEST: fit, City C erk ?-~I Se~f ~ l,~-zv~' Date APPROVED AS TO FORM & LANGUAGE )G G(1R GYC(`I ITION a ~. ~ ate COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award A Contract Pursuant To Invitation To Bid (ITB) No. 33-07/08, For The Installation, Removal and Storage Of Holiday Decorations For A Not To Exceed Amount Of $125,000 Annually, And further Referring The Selection Of Displays To The Finance And Citywide Projects Key Intended Outcome Supported• To Increase satisfaction with neighborhood character. ,Supporting Data (Surveys, Environmental Scan, etc.j: To enhance the beauty of the City and surrounding area. Issue• Shall the Mayor and City Commission approve award of contract? Item Summary~Recommenaation: The purpose of Invitation to Bid No. 33-07/08 (the "Bid")was to establish a contract (s) by means of sealed bid, for a qualified contractor to inspect, install, maintain, remove, and provide storage of the City's Holiday decorations as specified herein in adds#ion to providing for the rental of supplemental holiday LED lighting. The Bid was issued on June 24, 2008 and with an opening date of August 1, 2008. A pre-bid conference was held on July 15, 2008. BidNet issued forty-five (45) notices and RFP Depot issued seventeen (17) Bid notices. The notices resulted in three (3) bids. Christmas Designers, Inc. was not the lowest bid, but was the best bid received. This vendor has been in business for over 29 years providing installation, removal, and storage services of holiday decorations. During this time, the company's client list has consisted of Gaylord Palms Resort, Westin Diplomat Resort and Spa, Bayfront Park management Trust and the City Of Miami Beach. The fiscal year 2008/2009 budget provides funding in the amount of $125,000. The Christmas Designer bid was $231,212.00 for the installation of the same holiday displays as last year. Several options are available to the City for a partial display and post contract award, direction from the Commission would be very helpful. APPROVE THE AWARD OF CONTRACT AND THE REFERRAL. Advisory Board Recommendation: __ Financial Information: Source of Amount Account Funds: 1 $125,000 Fund will be available in the FY 08/09 General Fund Bud et Account # 011- 9307-000355 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Smith. Parks and Recreation Sian-Offs• ~ Der'; rtment Director Ass City Manager ity Manager GL KS R JMG T:WGENDA12~81September 10\Consent\Holiday Decorations summary.cloc m MIAMIBEACH „ i i r r! Agenda Item C otC Date 9--/D-U m MIAMBEACF'. City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: September 10, 2008 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT TO CHRISTMAS DESIGNERS, INC., PURSUANT TO INVITATION TO BID (ITB) NO. 33-07108 FOR INSTALLATION REMOVAL AND STORAGE OF HOLIDAY DECORATIONS FOR A NOT TO EXCEED AMOUNT OF $125,000 FOR FISCAL YEAR 2008/09; AND FURTHER REFERRING THE MATTER OF SELECTING WHAT DISPLAYS ARE TO BE INSTALLED WITH THE FUNDING AVAILABLE TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE FOR DISCUSSION AND RECOMMENDATIONS. ADMINISTRATION RECOMMENDATION Approve the award of contract and referral. BID AMOUNT AND FUNDING $125, 000 Funding will be available in the FY 2008/09 General Fund Budget Account # 011-9307-000355. BACKGROUND For the past three (3) years the City has expended a total of approximately $410,000 for a lease purchase for holiday decorations, lighting displays, pole banners, and stars etc., which have been installed throughout the City for the "season", from late November to approximately the end of the first week of January. The City owned decorations are displayed in areas including but not limited to City Hall, the entrances to the City (the welcome sign at the Julia Tuttle, the welcome entry at 71~ and Normandy, and the entry from the MacArthur Causeway at 5"' Street), Collins Avenue, Normandy Isle, and 41St Street. Additionally, as a component of our holiday decorations program the City rents LED palm wraps and other tree lighting displays that have been installed in areas such as Lincoln Road Mall, the Normandy Isle Fountain and the palms at City Hall. Fiscal year 2007 was the last payment year for the lease purchase of the holiday lights and the City now owns a substantial inventory of decorations. The structure of this ITB and contract provides the flexibility for the City to make decisions on maintenance of our assets and desired displays based on available resources. The City has options of only storing and properly maintaining the decorations and/ or to selectively installing decorations such as City Hall, the City's main entries, major roads such as Collins or 41~ Street or Washington Avenue, pedestrian areas such as the Normandy Fountain or Lincoln Road Mall. 22 Commission Memo Holiday Decorations September 10, 2008 Page 2 of 5 ANALYSIS. The purpose of Invitation to Bid No. 33-07/08 (the "Bid") was to establish a contract by means of competitive sealed bids, for a qualified Successful Contractor to Inspect, Install, Maintain, Remove, and Provide Storage of the City's Holiday Decorations as specified in the Bid. Also, Successful Contractors were to submit bids for providing the rental of holiday LED lighting. The Bid was divided in the following Groups and Sections to provide and thus permit the City to make the conscious decisions on areas for which the City would pay to have lighting displays and decorations put up during the holiday season: Group A. Holidav Decoration Inventory and Installation Locations (Holidav Dis la s Section 1-Main Entries Area 1 - I-195 - 41 ~ Street -Julia Tuttle Causeway Area 2 -Normandy Isle - 71 ~` Street Area 3 - 5"' Street and Lenox Avenue Section 2- Street Decor Area 1 -Washington Avenue - 5"' Street to 16"' Street Area 2 -Collins: 61 ~ Street to 76"' Street Area 3 - 71 ~ Street: Collins to Versailles Area 4 -Ocean Drive: Lummus Park Section 3- Arthur Godfrey-Indian Creek/41Street Area 1 -Solar Disc Skylines Area 2 -Banners & Stars Area 3 - Ligh#ing and Stars Section 4- Collins Avenue Medians Area 1 -Median 20 - 5900 Block Area 2 -Collins Avenue Sections 5• Lincoln Road Mall Washington Avenue a# Lincoln Road Mall Between 600 (West End) & 700 Block (East End) at Euclid Avenue Section 6-Lincoln Road From Washington Avenue To Collins Avenue Section 7- Normandy fountain- 71st Street Group B. Supplemental Holidav Lis~htinst and Decor Section 1-Miami Beach City Hall Section 2- Espanola Way Section 3- Lincoln Road west of Alton to West Avenue F:\PURC\$ALL\SHIRLEYIcommission memo\07-08\ITB-33-07-08 Holiday Decoration.doc 23 Commission Memo Holiday Decorations September 10, 2008 Page 3 of 5 Groua C -Rental and Installation of Holidav Led Listhtin Section 1-Main Entries An:a1- 1-195-41~ Street-Julia Tuttle Causeway Area 2- Normandy Isle-71St Street Area 3-5"' Street and Lenox Avenue Section 2- Street Decor Section 3-Arthur Godfrey -Indian Creek/41St Street Area 3-Lighting and Stars Section 4 Collins Avenue Medians Section 5-Lincoln Road Mall Washington Avenue West to Alton Road Section 6 -Lincoln Road from Washington Avenue to Collins Ave. n Section 7- Normandy Fountain - 71 Street Groua D- Rental and Installation of Holidav Led Liahtina Suaalemental Holidav Liahtina and decor Section 1-Miami Beach City Hall Section 2- Espanola Way Section 3-Lincoon Road west of Alton to West Avenue The ITB requires that the successful contractor will be responsible for the installation, removal, and storage of the City owned and contractor-provided decorations (rental LED lighting). The decorations will be installed throughout the City from November to January with actual dates to be specified by the City, #or the term of the agreement. The ITB also requires that the contractor have a 24hours per day/7-day per week Call Center with a primary and secondary point of contact during the specified season to which outages and other problems can be reported. The contractor shall respond within eight (8) hours by being on-site of the designated area (s). upon notification by the Parks and Recreation Director or designated representative to have all holiday decorations in operating order. The contractor shall ensure that all holiday decorations/displays citywide are functioning by 5:00 p.m. each day during the specified holiday season. TERM OF CONTRACT This contract shall remain in effect for three (3) years from the date of contract execution by the Mayor and City Clerk. The contract may be renewed for two (2) additional years on a year-to-year basis upon mutual agreement between both parties. The Bid was issued on June 24, 2008, with an opening date of August 1, 2008. Apre-bid conference was held on July 15, 2008. BidNet issued bid notice to forty five (45) prospective bidders. Additionally, RFPDepot issued bid notices to seventeen (17) prospective bidders, and the Procurement Division issued the bid announcement to five (5) prospective bidders which resulted in the following three (3) bids outlined in the tabulation below: F:IPURC\$ALLISHIRLEYIcommission memo107-0811T6-33-07-08 Holiday Decoretion.doc 24 Commission Memo Holiday Decorations September 10, 2008 Page 4 of 5 Company Proposed Annual Cost Christmas Designers, Inc. $231,212 Randy's Holiday Lighting $167,035 Winterland Inc. $79,981 Winterland Inc. Lighting, Inc. submitted the lowest bid, but after reviewing the detail bid offerings, notified the Procurement Office that they had made errors in pricing, and therefore, withdrew their Bid. Randy's Holiday Lighting (formerly known as Rent-to-Kill) was a previous lighting contractor for the City and performed poorly in the past. They were not responsive to Public Works requests, and failed to properly secure and protect the City's Holiday decorations. Christmas Designers, Inc. was determined to be the lowest and best bidder based on current and past performance in providing the services outlined in the Bid. Christmas Designers has been in business for over 29 years providing installation, removal, and storage services of holiday decorations. During this time, Christmas Designer's client list has consisted of Gaylord Palms Resort, Westin Diplomat Resort and Spa; Bayfront Park Management Trust, and the City of Miami Beach. EXAMPLES OF INSTALLATION OPTIONS BASED ON AVAILABLE FUNDING The recommended contractor, Christmas Designers, Inc., has submitted a bid of $213,212 annually to store, install, maintain and remove all of the City owned holiday decorations and rental lighting as provided in past years. At this time there is a total of $125, 000 recommended in the F.Y. 2008/09 general fund budget for the City's Holiday Decorations Program. Based on this funding it is recommended that the contract be awarded and that the contractor work with the Administration and the Finance and Citywide Projects Committee to finalize the list of sites to receive holiday decorations. The following are examples of the cost for certain holiday displays included in the contract. In any option/ action the Administration recommends the acceptance of the annual storage and preventative maintenance of all City owned holiday decorations at a cost of $22,000. This expenditure would provide for the safe storage and maintenance of our holiday decorations so the assets do not deteriorate. This leaves a balance of $103,000 for the selective installation of holiday decorations citywide. • City Hall Lighting Package • City Main Entries Lighting Package • Lincoln Road Mall Lighting Package • Ocean Drive - Lummus Park Lighting Package • Washington Avenue (5"' -16~' Streets) Package • Collins Avenue $25,474 $18,829 $67,284 $11,190 $ 3,200 $ 4,630 F:IPURCI$ALLISHIRLEYIcommission memo107-08\1TB-33-07-08 Holiday Decoration.doc 25 Commission Memo Holiday Decorations September 10, 2008 Page 5 of 5 CONCLUSION The Administration recommends that the City Commission award a contract to Christmas Designers, Inc., pursuant to ITB No. 33-07/08 for the Installation, Removal, and Storage of Holiday Decorations for an amount not to exceed $125,000 for F.Y. 2008-09 and further refer the matter of the selection of what displays are to be instatled with the funding available to the Finance and Citywide Projects Committee for discussion and recommendations. ATTACHMENTS Tabulation Sheets F:IPURCI$ALL\SHIRLEYIcommission memo107-0811TB-33-07-08 Holiday Decoration.doc 26 em ~.. L V v d m .~ G V ti M M m H Z 0 W a Q W O Z J Q c0 6 W Z J a z °08°08 °o,e °o, °oo°O•°o, °88°°0 00°0 °oe 8 °0, _p o 0 0 r O~~ N N In to r N~ O ti r ~ O Vim' M~ r ~ W W > C D r r r N N ~ t 0 r ~ V! Vf i9 to d! Vi V- Q `•' Q "' Q "' 8 O C O O O O ~ ~ O O o O O O O O ~ O O O N O N t~ N p 10 N p tf1 tOC) N r ~ r p to O r 00 p 1n O Op ^ ~ M A C ~ ~ N r O N eY a N C7 N M O ~O ~O N N CO O f~ C ~ r N y r M• 1A fN !R f1! O g 0 0 g O O O O O O ~ pp 0 0 pp 0 ~ ~ O p 8 O O O O O 8 0 '6 d ~ r2 r CO t0 r0 ~ ~ CV ~O ~ N N N ~ fV 10 ~ t~ OD ~j N N ~ O O ~ n r ~ ~ ~ C ~ C M C ~ O ~ $j r r J ~ r th r CV C f/- N V! W /A Ml N ~ O 0 O 0 8 $ O 0 O 0 $ 8 O 0 O o O C O o O 0 O 0 O 0 g QV $ $ O O O ~O a ~ p $ N pp O Oy~ ' ~ ' O ~ ~ ' ~ ~ GO p p CO ~ r7 pp M ~ Op O pp O O N O N p O O r r O ~ N CD C7 In 1( ) a OD r N af r CV N ti C Q' V- V! 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G O g m .- N M C1 .- N rl a M 10 h H 6 ~ O UO ~ O C p r- c~ N d~ 6 p r- N c'o L0 d~ t0 W O O m Q O ~ d L O O N a O '' d O O O $ a O~ d L O m '~ C9 !A H !n H fA ~ F- t9 to Q ~ ~ F fA Z (n Q F to ~Z ~ ~ H (n ~ (A Q H O a Q a W_ Z d a C L 29 m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490 Fax: 786.394.4011 July 18, 2008 RE: ADDENDUM NO. 2 TO INVITATION TO BID (ITB) NO. 33-07/08 FOR INSTALLATION REMOVAL AND STORAGE OF HOLIDAY DECORATIONS In response requests for additional information received by prospective Bidders by the Administration, the subject ITB is hereby amended as follows: Additional Information: YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE FOLLOWING: Pages 24 of 38 (3.2 RENTAL OF LED LIGHT SETS) Specifications for LED Rental Light Sets-(25 lights per set) Spacing for all LED frond lighting is 4" Spacing for all other LED lighting is 6" Pages 25 of 38 (3.2 RENTAL OF LED LIGHT SETS) SECTION 5- LINCOLN RAOD MALL Delete (450) LED Scatter Sets Correction 3,370 C-7 Perimeter Lighting, 12" spacing white cord II. Their will be a Site Visit of the above subject (ITB) has been Scheduled as follows: Date: Thursday July 24, 2008 Time: 9:00 a.m. Place: Christmas Designers, Inc. 3124 NW 16th Terrace Pompano Beach, FI 33064 July 18, 2008 ITB- 33-07-08 City of Miami Beach Addendum No. 2 III. ADD: The following information relative to the Equal Benefits Ordinance; 1) What is the intent of the Ordinance? The proposed Ordinance will require certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with Domestic Partners, as they provide to employees with spouses. 2) How are "Equal Benefits" defined and what kind of "Benefits" does the Ordinance cover? "Equal Benefits" means that contractors doing business with the City who are covered by the Ordinance shall be required to provide the same type of benefits that they offer to employees and their spouses, to employees with Domestic Partners. The type of "Benefits" defined by the Ordinance and which may be offered by a contractor include: sick leave, bereavement leave, family medical leave, and health benefits. The "Benefits" defined in the Ordinance are the same type of benefits that the City provides to Domestic Partners of City employees, pursuant to Section 62-128 of the City Code]. Notwithstanding the definition of "Benefits" in the Ordinance, to comply with the Ordinance a Contractor is not required to provide all the above-described benefits. Contractors are only required to offer the same type of Benefits they offer to their employees with spouses, to employees with Domestic Partners. Additionally, a Contractor who offers no benefits to employees or their spouses, would not be required to offer any benefits to employees with Domestic Partners (and would still be in compliance with the Ordinance).] 3) Who is considered a "Domestic Partner" under the Ordinance? A "Domestic Partner" shall mean any two (2) adults of the same or different sex who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. 4) What type of Contracts and/or which Contractors are covered by the Ordinance? The Ordinance only applies to the following: • Competitively bid City contracts (bids, RFP's, RFQ's, RFLI's, etc.). • Contracts valued at over $100,000. • Contractors who maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks in either the current or the preceding calendar year. • Contractors covered by the Ordinance are only required to comply as to employees who: 1) either work within the City limits of the City of Miami Beach; or 2) the contractor's employees located in the United States, but outside of the City limits, only if those employees are directly performing work on the City contract (covered by the Ordinance). July 18, 2008 ITB. 33-07/08 City of Miami Beach Addendum No. 2 5) In what cases does the Ordinance not apply? The provisions of the Ordinance do not apply where: • The City contract has been has been entered into prior to the effective date of the Ordinance (including renewal terms contained in such contracts). • The City contract is not competitively bid. • The City contract is valued at less than $100,000. • The contractor has less than 51 employees. • The contractor does not provide Benefits either to employees' spouses or to employees' Domestic Partners. • The contractor is a religious organization, association, society or any non profit charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society. • The contractor is another government entity. The following City contracts are not covered by the Ordinance: • Contracts for sale or lease of City property. • Development Agreements. • Contracts/grants for CDBG, HOME, SHIP, and Surtax funds administered by the City's Office of Community Development • Cultural Arts Council grants • Contracts for professional A/E, landscape A/E, or survey and mapping services procured pursuant to Chapter 287.055, Florida Statutes ("The Consultants Competitive Negotiation Act". • Contracts for the procurement of life, health, accident, hospitalization, legal expense, annuity insurance, or any and all other kinds of insurance for the officers and employees of the City and their dependents, from a group insurance plan. The Ordinance provides, upon written recommendation of the City Manager, that the City Commission may, by 5/7ths vote, waive application of the Ordinance for the following: • Emergency contracts. • Contracts where only one bid response is received. • Contracts where more than one bid response is received, but none of the bidders can comply with the requirements of the Ordinance. The City's ability to apply the Ordinance may also be preempted in instances where the Ordinance impacts health, retirement, or pension program which fall within the jurisdiction of the Employee Retirement Income Security Act (FRIBA), and may under certain circumstances be held invalid under Federal preemption. 6) How is the Ordinance enforced by the City? • City contracts that are covered by the Ordinance shall notify potential bidders/proposers of the Ordinance and its requirements in the issued bid documents. • At the time of entering into the contract with the City, the proposed City contractor shall certify to the City that it intends to provide Equal Benefits, along with the description of its employee benefits plan, which needs to be delivered to the Procurement Director prior to entering into the contract. July 18, 2008 fT6. 33-07/08 City of Miami Beach Addendum No. 2 • The City has the ongoing right to .investigate/audit contracts for compliance with the provisions of the Ordinance. • The contractor is required to post notice to its employees at its place of business that it provides Equal Benefits. 7) Is there another way for a Contractor who does not provide Equal Benefits to comply with the Ordinance? If a contractor covered by the Ordinance has made a reasonable yet unsuccessful effort to provide Equal Benefits, it can still comply with the Ordinance by providing an employee with the "Cash Equivalent" of the similar benefit(s) offered to the contractor's employees and their spouses. 8) What are the penalties for non compliance? Failure of a contractor to comply with the requirements of the Ordinance may result in the following: • Breach/default under the contract. • Termination of the contract. • Debarment of contractors from City works, as prescribed by the City Code. EQUAL BENEFITS APPLICABILITY ^ Competitively bid contracts ~RFP, RFQ, ITB, etc) ^ Contracts valued at over $100,000 ^ Contractors who maintain 51 or more employees ^ Only for employees performing work on the City contract EQUAL BENEFITS NON-APPLICABILITY ^ Contract not competitively bid ^ Contract is valued at less than $100,000 ^ Contractor has less than 51 employees ^ Contractor does not provide benefits either to employees' spouses or to employees' domestic partners ^ Contractor is another government entity ^ Contractor is a religious organization, association, society or any non profit charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society. ^ Contracts for sale or lease of property ^ Development agreements ^ Contracts/grants for CDBG, HOME, SHIP, and Surtax funds administered by the City's Office of Community Development ^ Cultural Arts Council Grants ^ Contracts for professional A/E, landscape A/E, or survey and mapping services ^ Contracts for the procurement of life, health, accident, hospitalization, legal expense, annuity insurance, or any and all other kinds of insurance for the officers and employees of the City and their dependents, from a group insurance plan. ^ Emergency contracts ^ Contracts where only one bid is received July 18, 2008 ITB. 33-07/08 City of Miami Beach Addendum No. 2 ^ Contracts where more than one bid is received, but none of the bidders can comply with the requirements LIVING WAGE APPLICABILITY ^ City expenditures of over $100,000 per year ^ Covered Services: o Food preparation and/or distribution o Security services o Routine maintenance services such as custodial, cleaning, computers, refuse removal, repair, refinishing, and recycling o Clerical or other non-supervisory office work, whether temporary or permanent o Transportation and parking services o Printing and reproduction services o Landscaping, lawn and or agricultural services o Park and public place maintenance ^ "Service Contractor" is any individual, business entity, corporation (whether for profit or not for profitl, partnership, limited liability company, joint venture, or similar business who is conducting business in Miami Beach, or Miami Dade County, and meets one (l ~ of the two (2j following criteria: o Paid in whole or part from one or more of the City's general fund, capital project funds, special revenue funds, or any other funds either directly or indirectly, whether by competitive bid process, informal bids, requests for proposals, some form of solicitation, negotiation, or agreement, or any other decision to enter into a contract; OR o Engaged in the business of, or part of, a contract to provide, a subcontract to provide, or similarly situated to provide services, either directly or indirectly for the benefits of the City. However, this does not apply to contracts related primarily to the sale of products or goods. Proposers are required to acknowledge receipt of this Addendum No. 2 on proposal Page 31 "Acknowledgement of Addenda", or the proposal may be considered non- responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director st July 18, 2008 ITB. 33-07/08 City of Miami Beach Addendum No. 2 ~~~I ~~ City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490 Fax: 786.394.4011 July 1, 2008 RE: ADDENDUM N0.1 TO INVITATION TO BID (ITB) NO. 33-07108 FOR THE INSTALLATION, REMOVAL AND STORAGE OF HOLIDAY DECORATIONS Additional Information: YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE FOLLOWING: • EQUAL BENEFITS ORDINANCE -ORDINANCE NO. 2005-3494 • LIVING WAGE CERTIFICATIION -ORDINANCE N0.2001-33301 PERTINENT DOCUMENTS ARE ATTACHED HERETO. CITY OF MIAMI BEACH ~.~ %%~-~ ~. Gus Lopez, CPPO Procurement Director July 1, 2008 ITB 33-07/08 City of Miami Beach Addendum No. 1 LIVING WAGE INFORMATION GUIDE UNDERSTANDING THE LAW The Living Wage Ordinance, § 2-407 thru 2-410 of the Miami Beach City Code was adopted by the Mayor and Commission on April 18, 2001 and became effective April 28, 2001 with the intent to provide salary rates for full time employees equivalent to the poverty level plus lOq, and therefore, eliminate subpoverty level wages. What is the Living Wage Requirement? All employers covered by the Living Wage Ordinance are required to pay employees performing covered services, no less than $8.56 per hour with health benefits, or $9.81 per hour without health benefits. What are the employer's responsibilities to the Ciy? ^ ~ Maintain payroll for three (3- years ^ File complete payroll records with the Procurement Contracts Compliance Specialist every six (6l months and allow inspection upon request ^ Submit proof of provision of health benefits to qualify to pay the lower Living Wage rate during the initial eligibility period of ninety (90) days for new employees* ^ Submit list of all subcontractors and payroll records for employees working on the contract • Ensure subcontractors compliance with Living Wage Ordinance Living Wage requirements apply to: City employees, contractors and subcontractors of City service contracts valued at over $100,000 per year providing Covered Services: ^ Food Preparation and/or Distribution ^ Security Services ^ Routine Maintenance Services such as custodial, cleaning ,computers, refuse removal, repair; refinishing, and recycling ^ Clerical or other non-supervisory office work, whether temporary or permanent ^ Transportation and Parking Services ^ Printing and Reproduction Services ^ Landscaping, Lawn and/or Agricultural Services ^ Park and Public Place Maintenance EMPLOYER RESPONSIBILITIES What are the employer's responsibilities to the employee? ^ Pay the employee at least bi-weekly the applicable hourly Living Wage rate ^ Pay wage rates in accordance with federal and all other applicable laws such as overtime. ^ Pay the employee at least $1.25 per hour towards health benefits for covered employees and their dependents ^ Post the Living Wage rates in a prominent place or in employees' paychecks every six (6) months in English, Creole and Spanish ^ Permit interview of employees without interference ^ No retaliation or discrimination against an employee who files a complaint is permitted EMPLOYEE RIGHTS AND ENFORCEMENT What are the employee's rights? An employee who believes that the living Wage Ordinance applies and whose employer is not complying with the Ordinance has a right to file a complaint with the Procurement Director. What are the City's complaint procedures and sanctions? ^ The Ciry will investigate the complaint within thirty (301 days and require corrective action from the employer when applicable. ^ If a Service Contractor fails to comply with any notice of corrective action issued, the City Manager or City Manager`s designee may issue an order to appear at an administrative hearing at a set time, not less than five (5~ days after service. Retaliation and Discrimination Barred: A City service contractor or subcontractor shall not discharge, reduce compensation, or otherwise discriminate against any employee for making a complaint to the City or asserting his or her rights under the Living Wage Ordinance. NOTE: *Amendment to the Living Wage Ordinance, Section 2408~6J entitled "Health Benefits", adopted April 30, 2003. Service Contractor to Cooperate: The Service Contractor shall permit the City Contracts Compliance Specialist ("CCS") or representative to observe work being performed at, in or on the project site. Furthermore, the CCS or representative may conduct interviews with the covered employees performing work at, in or on the project site to determine compliance. Violations of the Living Wage Ordinance ^ Failure to post wages on site ^ Underpayment of covered employees ^ False or inaccurate payrolls ^ Failure to submit payrolls ^ Retaliation against employees ^ Not allov~ing access to employees or payroll records Penalties and Sanctions: ^ Stop Payment (for any amount deemed to employee) ^ Contract termination ^ Damages payable to the Ciry of Miami Beach in the sum of up to five hundred dollars ($500) for each week per covered employee(s) found to have not been paid in accordance with the Code ^ Ineligibility for future service contracts for three (3) years or until all penalties and restitution have been paid in full NOTE: Further complaint procedures and sanctions apply; please refer to Ordinance for a complete description GLOSSARY OF TERMS "Covered Employee° relates to anyone employed by the City or any Service Contractor, as further defined in this Division, either full or part time, as an employee with or without benefits or as an independent contractor. "Covered Employer" relates to the City and any and all Service Contractors, whether contracting directly or indirectly with the Ciry, and subcontractors of a Service Contractor. "Service Contractor" is any individual, business entity, corporation (whether for profit or not for profit), partnership, limited liability company, joint venture, or similar business who is conducting business in Miami Beach, or Miami Dade County, and meets one (1) of the two (2) following criteria: Paid in whole or part from one or more of the Ciry's general fund, capital project funds, special revenue funds, or any other funds either directly or indirectly, whether by competitive bid process, informal bids, requests for proposals, some form of solicitation, negotiation, or agreement, or any other decision to enter into a contract; OR Engaged in the business of, or part of, a contract to provide, a subcontract to provide, or similarly situated to provide services, either directly or indirectly for the benefits of the City. However, this does not apply to contracts related primarily to the sale of products or goods. For more information on the Living Wage or a copy of the Ordinance, refer to the City of Miami Beach website: htto://web.miamibeachfl:gov/procurement/ For any questions on the Ciry of Miami Beach living Wage Ordinance or how to complete the living Wage Certification form, please contact: Cristina Diaz, Contracts Compliance Specialist PROCUREMENT DIVISION 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 3051173 7496 /Fax: 786.394-4000/ cristinadiaz@miamibeachR. aov We ore committed b providing excellent public service and sofety to all who five, work, and play in our vibrant, tropical, historic community. i ~ ~A~ ~~C~ !I LIVING WAGE CERTIFICATION Pursuant to Section 2-408(a)(1) of the Miami Beach City Code, all Service Contractors (as said term is defined in the City's Living Wages Ordinance, as codified in Sections 2-407 through 2-410 of the City Code), entering into a contract with the City of Miami Beach shall pay to all its employees who provide services covered by the Living Wage Ordinance (Covered Services), a living wage of no less than $8.56 an hour with health benefits, or a living wage of not less than $9.81 an hour without health benefits. If 1 am selected as the successful Proposer, I further understand and agree and acknowledge that failure to comply with the Living Wage Ordinance requirements shall constitute a material breach of the contract by which the City may immediately terminate same. I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Executed this day of , in the year , at _ City State Signature Mailing Address Name of Signatory (please print) City, State, Zip Code Title __ _. i MIAMI BEACH QUICK REFERENCE GUIDE TO EQUAL BENEFITS COMPLIANCE STEP 1: UNDERSTANDING THE LAW What does the law require? The proposed Ordinance will require certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. Who is covered by this Ordinance? Competitively bid City contracts valued at over $100,000 whose contractors maintain 51 or more Eull time employees on their payrolls during 20 or more calendar work weeks, for more information, see Equal Benefits Ordinance Summary. What benefits are covered? The Ordinance applies to all benefits offered by a contractor to its employees who have spouses or domestic partners and al! benefits offered directly to such spouses or domestic partners, even when the employee pays the entire cost of the benefit. This includes but is not limited to: sick leave, bereavement leave, family medical leave, and health benefits. What is a Domestic Partner? A "Domestic Partner" shall mean any two (2) adults of the same or different sex who have registered as domestic partners with a government body pursuant to state and Local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. What if a contractor is unable to offer benefits equally? Some contractors are unable to find an insurance company willing ro offer domestic partner coverage. When a contractor takes all reasonable measures to stop discriminating, but can't for reasons outside its control, it can comply with the Equal Benefits Ordinance if it agrees to pay a cosh equivalent. A cash equivalent is the amount of money paid by an employer for the spousal benefit that is unavailable For domestic partners, or vice versa. For more information, see Reasonable Measures Application. What if a company wilt comply but needs time to do it? Once a contractor makes it clear that it will comply with the Declaration, in certain situations ending discrimination in benefits may be delayed. For instance, offering medical insurance may be delayed until the contractor's next enrollment period; other benefits, such as bereavement leave, may be delayed until the contractor's personnel policies can be revised. For more information, see Rules of Procedure of the Substantial Compliance Form. STEP 2: HOW TO COMPLETE THE DECLARATION: NON-DISCRIMINATION IN CONTRACTS AND BENEFITS FORM Section 1 asks for information about your company. If the company employs 50 or less employees in the U.S., slap to Section 4, date and sign. Section 2. Question 1 A asks whether your company prohibits discrimination against people based on the categories listed. • Answer "YES" if your company does have such a policy. ^ Answer "NO" if your company does not have such a policy. Question 1 B asks whether your company agrees to include a nondiscrimination clause in all subcontracts entered into for the performance of a substantial portion of the any contracts you have with the City. This clause must include all of the categories listed in question 1 A. You must answer this question even iF your company will not be entering into any subcontracts associated with work performed for the City. Answer "YES" iF you will agree to include a nondiscrimination clause in subcontracts. Answer "NO" if you will not agree to include a nondiscrimination clause in subcontracts. Question 2A asks whether your company offers benefits (such as medical insurance) to employees' spouses or to employees because they are married such as bereavement leave which can be taken because of the death of a spouse, or family medical leave which can be token because of a spouse having a serious medical condition). ^ Answer "YES" if you offer any such benefits. ^ Answer "NO" if you do not offer any such benefits. NOTE: You are considered as offering a benefit even if you don't pay for it If access to the benefit is offered, but the cost must be paid in whole or in part by the employee, you should still answer "YES". Question 2B asks whether you company offers benefits Isuch as medical insurance) to employees' domestic partners or to employees because they are in a domestic partnership (such as bereavement leave which can be taken because of the death of a domestic partner, yr family medical leave which can be taken because of a domestic partner having a serious medical condition. ^ Answer "YES" if you offer any such benefits. ^ Answer "NO" if you do not offer any such benefits NOTE: To comply, your answers to questions 2A and 2B should Family Leave Your compan~/s Family and Medical be the same. In very limited circumstances, you may comply Leave Act polity. All companies with 50 or more without offering benefits equally. See Reasonable Measures employees must offer th?s benefit. Your policy should Application Form. indicate that employees may take leave because of the serious medical condition of their spouse or domestic question 2C should be filled out ONLY iF you have answered "YES" to question 2A and/or 2B. It asks you to indicate which benefits you offer to spouses (or employees because they are married), which benefits you offer to domestic partners (or employees because they are in a domestic partnership), and which benefits you do not offer. Please indicate only those benefits offered. If you offer benefits not already listed, write them in where it says "other". Remember, offering access to a benefit is still considered a benefit, even if your company does not pay (or it. Note: If you can't ofkr all benefit in o nondiscriminatory manner because of reasons outside your control, (e.g. there are no insurance providers willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent submit a completed Reasonable Measures Application Form with all necessary attachments and have your application approved by the Procurement Division of the City oFMiami Beach. partner. Parente! Leave Your company's policy indicating that employees may take leave for the birth or adoption of a child, to care for o child who is ill, and/or to attend school appointments. IF leave is available For stepchildren (the spouse's child) then leave also should be available for the child of a domestic partner. Employee Assistance Program Your company's employee assistance program policy confirming that spouses, domestic partners and their parents and children are equally eligible (or ineligible) For such benefits. Relocation 8~ Travel Your company's policy confirming that expenses for travel or relocation will be paid on the same basis for spouses and domestic partners of employees. Step 3: ATTACH THE NECESSARY DOCUMENTATION tin states that you must submit documentation that verifies all benefits marked in your answer to Gluestion 2C are offered in a nondiscriminatory manner. When possible, it is best if you submit this documentation along with your Declaration form. For policies that are unwritten, submit a letter to the Procurement Division indicating this. Use the list below as a guide for the type of documentation needed. Medical Insurance A statement from your medical insurance provider that confirms spouses and domestic partners (as defined under this Ordinance) receive equal coverage in your medical plan. This may be in a letter from your insurance provider, or reflected in the eligibility section of your official insurance plan document. Similar documentation is needed for other types of insurance plans. Retirement Plans (including 401 k & pension plans) The sections of your pension plan detailing how employees receive benefits. This should cover joint annuity options and pre retirement death benefits. Documentation should indicate that employees with domestic partners and employees with spouses receive the same benefits and payment options. Bereavement Leave Your bereavement leave of Funeral leave policy indicating the benefit is offered equally. If your policy allows employees time off from work because of the death of a spouse, it should also allow for time off because of the death of a domestic partner. If the policy allows For time off due to the death of a parent in-law or other relative of o spouse, it must include time off for the death of a domestic partner's equivalent relative. Discounts, Facilities & Events Your company's polity confirming that discounts, Facilities (e.g. gym) and events (e.g. holiday party) are equally available to spouses and domestic partners of employees. Credit Union Documentation from the credit union indicating that spouses and domestic partners have equal access b credit union services. Child Care Documentation that the children of spouses (stepchildren) and children of domestic partners have equal access to child care services. Other Benefits Documentation of any other benefits listed to indicate that they ore offered equally. For medical insurance companies providing domestic partner coverage in the State of Florida, refer ro the Domestic Partner Insurance Coverage Search available online at: w~v.miamibeachfl.aov under Business, Procurement drop down list. For any questions on the City of Miami Beach Equal Benefits Ordinance or how to complete the applicable forms, please contact: Criatina Diaz, Contracts Compliance Specialist PROCUREMENT DIVI510N 1700 Convention Center Drive, Miami [leach, FL 33139 Tel: 305.673-7496 /Fax: 786394.4000/ cristinadi az~miamibeachfl. aov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. r -- _ _. .. ._ _ I ~ MfAMIBEACH CITY OF MIAMI BEACH DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS Section 1. Vendor Information ~, Name of Company: Name of Company Contad Person: Phone Number: Fax Number: E-mail: Vendor Number (if known): Federal ID or Social Security Number: Approximate Number of Employees in the U.S.: {If 5t} or less, skip to Section 4, date and sign) Are any of your employees covered by a collective bargaining agreement or union trust fund? Yes_No union name(s): Sedion 2. Compliance Questions Question 1. Nondiscrimination - Proteded Classes A. Does your company agree to not discriminate against your employees, applicants for employment, employees of the City, or members of the public on the basis of the fad or perception of a person's membership in the categories listed below? Please note: a "YES" answer means your company agrees it will not discriminate; a "NO" answer means your company refuses to agree that it will not discriminate: Please answer yes or no to each category. U Race Yes _ No I I Sex Yes _ No _ U Color Yes _ No I'I Sexual orientation _ R Yes _ No n Creed _ Yes _ No c Gender identity {transgender status) _ Yes _ No Q Religion _Yes _ No I i Domestic partner status _ Yes _ No U National origin _Yes _ No 17 Marital status _ Yes _ No ^ Ancestry _Yes _ No Li Disability _ Yes _ No LI Age _Yes _ No ll AIDS/HIV status _ Yes _ No C7 Height _Yes _ No t ~ Weight _ Yes _ No B. Does your company agree to insert a similar nondiscrimination provision in any subcontract you enter into for the performance of a substantial portion of the contract you have with the City? Please note: you must answer this question, even if you do not intend to enter into any subcontracts. _ Yes _ No Question 2. Nondiscrimination -Equal Benefits for F~npioyees with Spouses and Employees with Domestic Partners Questions 2A and 26 should be answered YES even if your em loyees must pay some or all of the cost of s ousel or domestic partner benefits. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of empioyees7 Yes No B. Doss your company provide or offer access to any benefits to employees with (same or opposite sax) domestic partners' or to domestic partners of employees? _ Yes _No 'The term Domestic Partner shall mean any two (2) adults of the same or different sex, who have registered as domestic partners with a govemrnent body pursuant to state or local law authorizing such registration, or with an intemai registry maintained by the employer of at least one ofthe domestic partners. A Contractor may institute an internal registry to allow for the provision of equal benefits to employees with domestic partner who do not register thou partnerships pursuant to a governmental body authorizing such registration, or who are located in a jurisdiction where no such governmental domestic partnership exists. A Contractor that institutes such registry shall not impose criteria for registration that are more stringent than those required for domestic partnership registration by the City of Miami Beach syou answered "NO" to both Questions 2A and 26, go to Section 4 (at the bottom of this page), complete and sign the form, tilting in all items requested. If you answered "YES" to e~ith r_ or both Questions 2A and 26, please continue to Question 2C below. Question 2. (continued) C. Please check all benefits that apply to your answers above and list in the "other" section any additions! benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereaverrrent leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Yes for Employees with S ouses Yes for Employees with Domestic Partners No, this Benefit is Not Offered Documentation of this Benefit Is Subm(tted with this Form Health ^ ^ ^ ^ Dental ^ ^ ^ ^ Vision ^ ^ ^ ^ Retirement (Pension, 401 k ,etc. ^ ^ ^ ^ Bereavement ^ ^ ^ ^ Famit Leave ^ ^ ^ ^ Parental Leave ^ ^ ^ o Employee Assistance Pro ram o ^ ^ ^ Relocation z~ Travel ^ ^ ^ ^ Company Discount, Facilities 8 Events ^ ^ ^ ^ Credft Union ^ ^ ^ ^ Child Care ^ ^ ^ o Other o ^ o ^ Note: If you can not offer a benefit in a nondtscrlminatory manner because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent, submit a completed Reasonable Measures Application with all necessary attachments, and have your application approved by the City Manager, or his designee. Section 3. Required Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C. Without proper documentation, your company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance. For example, to document medical Insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document; to document leave programs, submit a copy of your company's employee handbook. fi documentation for a particular benefit does not exist, attach an explanation. Have you submitted supporting documentation for each benefit offered? Yes _ No Section 4. Executing the Document i declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Executed this day of , in the year . at City State Signature Mailing Address Name of Signatory (please print) City, State, Zip Code Title CITY OF MIAMI BEACH REASONABLE MEASURES APPLICATION Declaration: Nondiscrimination in Contracts and benefits Submit this form and supporting documentation to the City's Procurement Division ONLY IF you: a. Have taken al! reasonable measures to end discrimination in benefits; and b. Are unable to do so; and c. Intend to offer a cash equivalent to employees for whom equal bene#its are not available. You must submit the following information with this form: 1. The names, contact persons and telephone numbers of benefits providers contacted for the purpose of acquiring nondiscriminatory benefits; 2. The dates on which such benefits providers were contacted; 3. Copies of any written responses} you received from such benefits providers, and if written responses are unavailable, summaries of oral responses; and 4. Any other information you feel is relevant to documenting your inability to end discrimination in benefits, including, but not limited to, reference to federal or state laws which preclude the ending of discrimination in benefits. I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that ! am authorized to bind this entity contractually. Name of Company (please print) Signature Name of Signatory (please print) Title Mailing Address of Company City, State, Zip Telephone Number Date Definition of Terms A. REASONABLE MEASURES The City of Miami Beach will determine whether a City Contractor has taken all reasonable measures provided by the City Contractor that demonstrates that it is not possible for the City Contractor to end discrimination in benefits. A determination that it is not possible for the Ciiy Con#ractor to end discrimination in benefits shall be based upon a consideration of such #actors as: (1 }The number of benefits providers identified and contacted, in writing, bythe Ciiy Contractor, and written documentation from these providers that they will not provide equal benefits; {2) The existence of benefits providers willing to offer equal benefits to the City Contractor; and {3} The existence of federal or state laws which preclude the City Contractor from ending discrimination in benefits. B. CASH EQUIVALENT "Cash Equivalent" means the amount of money paid to an employee with a Domestic Partner (or spouse, if applicable) in lieu of providing Benefits to the employees' Domestic partner {or spouse, if applicable). The Cash Equivalent is equal to the employer's direct expense of providing Benefits to an employee for his or her spouse. Cash Equivalent. The cash equivalent of the following benefits apply: a. For bereavement leave, cash payment for the number of days that would be allowed as paid time off for death of a spouse. Cash payment would be in the form of wages of the domestic partner employee for tine number of days allowed. b. i=or health benefits, the cost to the Contractor of the Contractor's share•of the single monthly premiums that are being paid for the domestic partner employee, to be paid on a regular basis while the domestic partner employee maintains the such insurance in force for himself or herself. c. For family medical leave, cash payments for the number of days that would be allowed as time off for an employee to care for a spouse that has a serious health condition. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. ~ NIIAMIBEA~~ CITY OF MIAMI BEACH , SUBSTANTIAL COMPLIANCE AUTHORIZATION FORM Declaration: Nondiscrimination in Contracts and Benefits This form, and supporting documentation, must be submitted to the Procurement Division by entities seeking to contract with the City of Miami Beach that wish to delay ending their discrimination in benefits pursuant to the Rules of Procedure, as set out below. Fill vut all sections that apply. Attach additional sheets as necessary. A. Ogen Enrollment Ending discrimination in benefits may be delayed until the first effective date after the first open enrollment process following the date the contract with the City begins, provider) that the City Contractor submits to the Procurement Division evidence that reasonable efforts are being undertaken to end discrimination in benefits. This delay may not exceed two years from the date the contract with the Clty is entered into, and only applies to benefits for which an open enrollment process is applicable. Date next benefits plan year begins: Date nondiscriminatory benefits will be available: Reason for Delay: Description of efforts being undertaken to end discrimination in benefits: B. Administrative Actions and_Request for Extension Ending discrimination in benefits may be delayed to allow administrative steps to be taken to incorporate nondiscriminatory benefits into the City Contractor's infrastructure. The time allotted for these administratve steps shall apply only to those benefits for which administrative steps are necessary and may not exceed three months. An extension of this time may be granted at the discretion of the Procurement Director, upon the written request of the City Contractor. Administrative steps may include, but are not limited to, such actions as computer systems modifications, personnel policy revisions, and the development and distribution of employee communications. Description of administrative steps and dates to be achieved: If requesting extension beyond three months, please explain basis: C. Collective Bargaining Agreements (CBA) Ending discrimination in benefits may be delayed until the expiration of a City Contractor's Current collective bargaining agreement(s) where all of the following conditions have been met: 1. The provision of benefits is govemed by one or more collective bargaining agreement(s); 2.The CIty Contractor takes all reasonable measures to end discrimination in benefits either by requesting that the Unions involved agree to reopen the agreements in order for the City Contractor to take whatever steps necessary to end discrimination in benefits or by ending discrimination in benefits without reopening the collective bargaining agreements; and 3. In the event that rile City Contractor cannot end discrimination in benefits despite taking all reasonable measures to do so, the City Contractor provides a cash equivalent to eligible employees for wham benefits are not available. Unless otherwise authorized fn writing by the Procurement Director, this cash equivalent payment must begin at the time the Unions refuse to allow the collective bargaining agreements to be reopened, or in any case no longer than three (3} months from the date the contract with the City is entered into. For a delay to be granted under this provision, written proof must be submitted with this form that: The benefits for which the delay is requested are govemed by a collective bargaining agreement; All reasonable measures have been taken to end discrimination in benefits (see Section C.2, above); and A cash equivalent payment will be provided to eligible employees for whom benefit are not available. I declare (or certify} under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that 1 am authorized to bind this entity contractually. Name of Company (please print) Signature Name of Signatory (please print) Mailing Address of Company City, State, Zip Telephone Number Title Date INVITATION TO BID FOR INSTALLATION, REMOVAL AND STORAGE OF HOLIDAY DECORATIONS ITB# 33-07/08 BID OPENING: AUGUST 1, 2008 AT 3:00 P.M. Gus Lopez, CPPO, Procurement Director PROCUREMENT DIVISION 1700 Convention Center Drive, Miami Beach, FL 33139 www. m iam ibeachfl.gov m MIAMIBEACH ~r~~~~ City of Niiami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION PUBLIC NOTICE Tel: 305-673- 7490, Fax: 786-394401 1 Invitation to Bid No. 33-07/08 Sealed bids will be received by the City of Miami Beach Procurement Division 3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on August 1, 2008 for: INSTALLATION, REMOVAL AND STORAGE OF HOLIDAY DECORATIONS At time, date, and place above, bids will be publicly opened. Any bids or bids received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid/bid before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. Purpose: The purpose of this bid is to establish a contract, by means of sealed bids, to a qualified contractor to inspect, install, maintain, remove, and provide storage of the City's holiday decorations as specified herein, also provide rental of holiday led lighting. This contract shall remain in effect for three (3) years from date of contract execution by the Mayor and City Clerk. The contract may be renewed fortwo (2) additional years, on a year-to-year basis, upon mutual agreement between the two parties. A Pre-bid conference is scheduled for July 15, 2008 at 11:00 a.m. in the City Manager's Small Conference Room, 4th Floor, City Hall at 1700 Convention Center Drive, Miami Beach, Florida 33139. Attendance (in person or via telephone) to this Pre-bid meeting is encouraged and recommended as a source of information, but is not mandatory. Bidders interested in participating in the pre-bid submission meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-800-915-8704 (Toll-free North America) (2) Enter the MEETING NUMBER: *2659980* (note that number is preceded and followed by the star (") key). The City has contracted with BidNet as our electronic procurement service for automatic notification of bid opportunities and document fulfillment. We encourage you to participate in this bid notification system. To find out how you can receive automatic bid notifications or to obtain a copy of this Bid, go to www.govbids.com/scripts/southflorida/public/home1.asp orcall toll-free 1-800-677- 1997 ext. 214. The City of Miami Beach is using RFP Depot, a central bid notification system which provides bid notification services to interested vendors. RFP Depot allows for vendors to register online and receive notification of bids, amendments and awards. Vendors with Internet access should review the registration options at the following website: www.rfpdepot.com If you do not have Internet access, please call the RFP Depot's vendor support group at 800-990- 9339 or 801-765-9245. srzsr2oos City of Miami Beach 2 of 38 ITB-33-07/08 Any questions or clarifications concerning this Bid shall be submitted in writing by mail or facsimile to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139, or FAX: (786) 394-4000. The Bid title/number shall be referenced on all correspondence. All questions must be received no later than ten (10j calendar days prior to the scheduled Bid opening date. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. The City of Miami Beach reserves the right to accept any bid or bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any bid or bid. The City of Miami Beach may reject any and all bids or bids. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE FOLLOWING ORDINANCES/RESOLUTIONS, WHICH MAY BE FOUND ON THE CITY OF MIAMI BEACH WEBSITE: htt~://www.miamibeachfl.gov/newcity/depts/purchase/bidintro.aso • CONE OF SILENCE -ORDINANCE NO. 2002-3378 • CODE OF BUSINESS ETHICS -- RESOLUTION NO. 2000-23879. • DEBARMENT PROCEEDINGS -ORDINANCE NO. 2000-3234. • PROTEST PROCEDURES --ORDINANCE NO. 2002-3344. • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES -ORDINANCE N0.2002-3363 • LOCAL PREFERENCE ORDINANCE NO. 2003-3413 • EQUAL BENEFITS ORDINANCE -ORDINANCE NO. 2005-3494 • CAMPAIGN CONTRIBUTIONS BY VENDORS ORDINANCE NO. 2003-3389. Detailed representation of all these ordinances can be found on the City of Miami Beach website at http://www. miamibeachfl.~ov/newcity/deots/purchase/bidintro.aso Sincerely, . ~.,-r %.~-- !~~ L Gus Lopez, CPPO Procurement Director s/zsrzooa City of Miami Beach 3 of 38 ITB-33-07/08 m MIAM,IBEACH City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachFl.gov PROCUREMENT DIVISION NOTICE TO PROSPECTIVE BIDDERS Tel: 305-673-7490, Fax: 786.394.401 1 ITB 33-07/08 NO BID If not submitting a bid at this time, please detach this sheet from the bid documents, complete the information requested, and return to the address listed above. NO BID SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED: _Not responding due to workload issues _Not responding due to minimum experience requirements. _Not responding due to specifications/scope of services. _Not responding due timely payment issues _OTHER. (Please specify) We do _ do not _ want to be retained on your mailing list for future bids for the type or product and/or service. Signature: Title: Company: Note: Failure to respond, either by submitting a bid or this completed form, may resulf in your company being removed from the City's bid list. si2s~2oos City of Miami Beach 4 of 38 ITB-33-07/08 INSTALLATION, REMOVAL AND STORAGE OF HOLIDAY DECORATIONS ITB # 33-07/08 1.0 GENERAL CONDITIONS 1.1 SEALED BIDS: An Original and three (3) copies of the Bid Form as well as any other pertinent documents must be returned in order for the bid to be considered for award. All bids are subject to the conditions specified hereon and on the attached Special Conditions, Specifications and Bid Form. The completed bid must be submitted in a sealed envelope clearly marked with the Bid Title to the City of Miami Beach Procurement Division, 3rd floor, 1700 Convention Center Drive, Miami Beach, Florida 33139. Facsimile, electronic, or e-mailed bids will not be accepted. 1.2 EXECUTION OF BID: Bid must contain a manual signature of an authorized representative in the space provided on the Bid Form. Failure to properly sign bid shall invalidate same, and it shall NOT be considered for award. All bids must be completed in pen and ink or typewritten. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the bid. Any illegible entries, pencil bids or corrections not initialed will not be tabulated. The original bid conditions and specifications CANNOT be changed or altered in any way. Altered bids will not be considered. Clarification of bid submitted shall be in letter form, signed by bidders and attached to the bid. 1.3 NO BID: If not submitting a bid, respond by returning the enclosed bid form questionnaire, and explain the reason. Repeated failure to bid without sufficient justification shall be cause for removal of a supplier's name from the bid mailing list. 1.4 PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. Incase of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in special conditions). Discounts for prompt payment. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). 1.5 TAXES: The City of Miami Beach is exempt from all Federal Excise and State taxes. State Sales Tax and Use Certificate Number is 85-80126216390-9 1.6 MISTAKES: Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk. 1.7 CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be the latest new and current model offered (most current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 6/26/2008 City of Miami Beach 5 of 38 ITB-33-07/08 1.8 UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished. 1.9 BIDDER'S CONDITIONS: The City Commission reserves the right to waive irregularities or technicalities in bids or to reject all bids or any part of any bid they deem necessary for the best interest of the City of Miami Beach, FL. 1.10 EQUIVALENTS: If bidder offers makes of equipment or brands of supplies other than those specified in the following, he must so indicate on his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications. Bidder shall indicate on the bid form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed. Other than specified items offered requires complete descriptive technical literature marked to indicate detail(s) conformance with specifications and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS DATA. Lacking any written indication of intent to quote an alternate brand or model number, the bid will be considered as a bid in complete compliance with the specifications as listed on the attached form. 1.11 NON-CONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications. Item delivered, not conforming to specifications may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in bid and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in: A) Vendor's name being removed from the vendor list. B) All departments being advised not to do business with vendor. 1.12 SAMPLES: Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with bidder's name. Failure of bidder to either deliver required samples or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139. 1.13 s~2si2ooa City of Miami Beach DELIVERY: Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days} required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays. 6 of 38 ITB-33-07/08 1.14 INTERPRETATIONS: Unless otherwise stated in the bid, any questions concerning conditions and specifications should be submitted in writing to the Procurement Director, 1700 Convention Center Drive, Miami Beach, FL 33139. E-mail sthomasla~miamibeachfl.gov. with a copy to GusLopez(cD_miamibeacfl.QOV. 1.15 BID OPENING: Bids shall be opened and publicly read on the date, time and place specified on the Bid Form. All bids received after the date, time, and place shall be returned, unopened. 1.16 INSPECTION, ACCEPTANCE 8 TITLE: Inspection and acceptance will be at destination unless otherwise provided. Title to/or risk of loss or damage to all items shall be the responsibility of the successful bidder until acceptance by the buyer unless loss or damage result from negligence by the buyer. If the materials or services supplied to the City are found to be defective or not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product at bidder's expense. 1.17 PAYMENT: Payment will be made by the City after the items awarded to a vendor have been received, inspected, and found to comply with award specifications, free of damage or defect and properly invoiced. 1.18 DISPUTES: Incase of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City shall be final and binding on both parties. 1.19 LEGAL REQUIREMENTS: Federal, State, county and city laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in noway be a cause for relief from responsibility. 1.20 PATENTS 8~ ROYALTIES: The bidder, without exception, shall indemnify and save harmless the City of Miami Beach, Florida and its employees from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by The City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 1.21 OSHA: The bidder warrants that the product supplied to the City of Miami Beach, Florida shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract. Any fines levied because of inadequacies to comply with these requirements shall be borne solely by the bidder responsible for same. 1.22 SPECIAL CONDITIONS: Any and all Special Conditions that may vary from these General Conditions shall have precedence. 6/26/2006 Cky of Miami Beach 7 of 38 ITB-33-07/08 1.23 ANTI-DISCRIMINATION: The bidder certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 1.24 AMERICAN WITH DISABILITIES ACT: To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice), 305- 673-7524 (fax) or 305-673-7218 (TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). 1.25 QUALITY: All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 1.26 LIABILITY, INSURANCE, LICENSES AND PERMITS: Where bidders are required to enter or go onto City of Miami Beach property to deliver materials or perform work or services as a result of a bid award, the successful bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all applicable Miami-Dade County and City of Miami Beach municipal code requirements as well as the Florida Building Code. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder (or agent) or any person the bidder has designated in the completion of the contract as a result of his or her bid. 1.27 BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE: Bid Bonds, when required, shall be submitted with the bid in the amount specified in Special Conditions. After acceptance of bid, the City will notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in Special Conditions 1.28 DEFAULT: Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required equal to liquidated damages incurred by the City thereby, or where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the bidder's list. 1.29 CANCELLATION: In the event any of the provisions of this bid are violated by the contractor, the Procurement Director shall give written notice to the contractor stating the deficiencies and unless deficiencies are corrected within ten (10) days, recommendation will be made to the City Commission for immediate cancellation. The City Commission of Miami Beach, Florida reserves the right to terminate any contract resulting from this invitation at any time and for any reason, upon giving thirty (30) days prior written notice to the other party. 1.30 BILLING INSTRUCTIONS: Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to the ordering department; with a coov to the Accounts Payable Department, 1700 Convention Center Drive, Miami Beach, Florida 33139. s/zs/zooe City of Miami Beach 8 of 38 ITB-33-07/08 1.31 NOTES TO VENDORS DELIVERING TO THE CITY OF MIAMI BEACH: Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 5:00 P.M. 1.32 SUBSTITUTIONS: The City of Miami Beach, Florida WILL NOT accept substitute shipments of any kind. Bidder(s) is expected to furnish the brand quoted in their bid once awarded. Any substitute shipments will be returned at the bidder's expense. 1.33 FACILITIES: The City Commission reserves the right to inspect the bidder's facilities at any time with prior notice. 1.34 BID TABULATIONS: Bidders desiring a copy of the bid tabulation may request same by enclosing aself- addressed stamped envelope with the bid. 1.35 PROTEST PROCEDURES: Bidders that are not selected may protest any recommendation for Contract award in accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes procedures for resulting protested bids and proposed awards. Protest not timely pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. 1.36 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS: If any person contemplating submitting a Bid under this Solicitation is in doubt as to the true meaning of the specifications or other Bid documents or any part thereof, the Bidder must submit to the City of Miami Beach Procurement Director at least ten (10) calendar days prior to scheduled Bid opening, a request for clarification. All such requests for clarification must be made in writing and the person submitting the request will be responsible for its timely delivery. Any interpretation of the Bid, if made, will be made only by Addendum duly issued by the City of Miami Beach Procurement Director. The City shall issue an Informational Addendum if clarification or minimal changes are required. The City shall issue a Formal Addendum if substantial changes which impact the technical submission of Bids are required. In event of conflict with the original Contract Documents, Addendum shall govern all other Contract Documents to the extent specified. Subsequent addendum shall govern over prior addendum only to the extent specified. The Bidder shall be required to acknowledge receipt of the Formal Addendum by signing in the space provided on the Bid Bid Form. Failure to acknowledge Addendum shall deem its Bid non-responsive; provided, however, that the City may waive this requirement in its best interest. The City will not be responsible for any other explanation or interpretation made verbally or in writing by any other city representative. 1.37 DEMONSTRATION OF COMPETENCY: 1) Pre-award inspection of the Bidder's facility may be made prior to the award of contract. Bids will only be considered from firms which are regularly engaged in the business of providing the goods andlor services as described in this Bid. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial support, equipment and organization to insure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the City of Miami Beach. si2sizoos City of Miami Beach 9 of 38 1TB-33-07/08 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience) with the City in making the award in the best interest of the City. 3) The City may require Bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supplies to the City through the designated representative. Any conflicts between this material information provided by the source of supply and the information contained in the Bidder's Bid may render the Bid non-responsive. 4) The City may, during the period that the Contract between the City and the successful Bidder is in force, review the successful Bidder's record of performance to insure that the Bidder is continuing to provide sufficient financial support, equipment and organization as prescribed in this Solicitation. Irrespective of the Bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful Bidder no longer possesses the financial support, equipment and organization which would have been necessary during the Bid evaluation period in order to comply with this demonstration of competency section. 1.38 DETERMINATION OF AWARD The City Commission shall award the contract to the lowest and best bidder. In determining, the lowest and best bidder, in addition to price, there shall be considered the following: a. The ability, capacity and skill of the bidder to perform the Contract. b. Whether the bidder can perform the Contract within the time specified, without delay or interterence. The character, integrity, reputation, judgment, experience and efficiency of the bidder. d. The quality of performance of previous contracts. e. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 1.39 ASSIGNMENT: The contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract, including any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the City of Miami Beach. 1.40 LAWS, PERMITS AND REGULATIONS: The bidder shall obtain and pay for all licenses, permits and inspection fees required forthis project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. 1.41 OPTIONAL CONTRACT USAGE: As provided in Section 287.042 (17), Florida Statutes, other State agencies may purchase from the resulting contract, provided the Department of Management Services, Division of Procurement, has certified its use to be cost effective and in the best interest of the State. Contractors have the option of selling these commodities or services certified by the Division to the other State agencies at the agencies option. 1.42 SPOT MARKET PURCHASES: It is the intent of the City to purchase the items specifically listed in this bid from the awarded vendor. However, items that are to be a Spot Market Purchased may be purchased by other methods, i.e. Federal, State or local contracts. 6/26/2008 City of Miami Beach 10 of 38 ITB-33-07/08 1.43 ELIMINATION FROM CONSIDERATION This bid solicitation shall not be awarded to any person or firm who is in arrears to the City upon any debt, taxes or contracts which are defaulted as surety or otherwise upon any obligation to the City. 1.44 WAIVER OF INFORMALITIES The City reserves the right to waive any informalities or irregularities in this bid solicitation. 1.45 ESTIMATED QUANTITIES Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award of this bid solicitation. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City for purposes of determining the low bidder meeting specifications may use said estimates. 1.46 COLLUSION Bids from related parties. Where two (2) or more related parties each submit a bid or bid for any contract, such bids or bids shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bids or bids. Related parties mean bidders or proposers or the principals thereof which have a direct or indirect ownership interest in another bidder or proposer for the same contractor in which a parent company or the principals thereof of one (1) bidder or proposer have a direct or indirect ownership interest in another bidder or proposer for the same contract. Bids or bids found to be collusive shall be rejected. Bidders or Proposers who have been found to have engaged in collusion may be considered non-responsible, and may be suspended or debarred, and any contract resulting from collusive bidding may be terminated for default. 1.47 DISPUTES In the event of a conflict between the documents, the order of priority of the documents shall be as follows: • Any agreement resulting from the award of this Bid (if applicable); then • Addenda released for this Bid, with the latest Addendum taking precedence; then • The Bid; then • Awardee's Bid. 1.48 REASONABLE ACCOMMODATION In accordance with the Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the Public Works Department at (305) 673-7080. 1.49 GRATUITIES Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this bid. 1.50 SIGNED BID CONSIDERED AN OFFER The signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Commission of the City of Miami Beach, Florida and in case of default on the part of successful bidder or contractor, after such acceptance, the City may procure the items or services from other sources and hold the bidder or contractor responsible for any excess cost occasioned or incurred thereby. 6/26/2008 Ciiy of Miami Beach ] ] of 38 ITB-33-07/08 1.51 BID CLARIFICATION: Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach, Florida, 33139 via a-mail: sthomasCa~miamibeachfl.gov. with a copy to GusLopezi7miamibeachfl.gov. The bid title/number shall be referenced on all correspondence. All questions must be received no laterthan ten (10) calendardays priorto the scheduled bid opening date. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 1.52 TIE BIDS: Please be advised that in accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to vendors certifying that they have implemented a drug free work place program. A certification form will be required at the time of Bid submission. 1.53 PUBLIC ENTITY CRIMES (PEC): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub- contractor, or consultant under a contract with a public entity ,and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.54 DETERMINATION OF RESPONSIVENESS: Determination of responsiveness will take place at the time of bid opening and evaluation. In order to be deemed a responsive bidder, your bid must conform in all material respects to the requirements stated in their Bid. 1.55 DELIVERY TIME: Vendors shall specify on the attached Bid Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time; no ranges will be accepted, i.e.; 12-14 days. 1.56 CONE OF SILENCE This invitation to bid is subject to the "Cone of Silence" in accordance with Ordinance No. 2002-3378. A copy of all written communication(s) regarding this bid must be filed with the city clerk. 1.57 TERMINATION FOR DEFAULT If through any cause within the reasonable control of the successful bidder, it shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to the Agreement, the City shall thereupon have the right to terminate the services then remaining to be performed by giving written notice to the successful bidder of such termination which shall become effective upon receipt by the successful bidder of the written termination notice. In that event, the City shall compensate the successful bidder in accordance with the Agreement for all services performed by the bidder prior to termination, net of any costs incurred by the City as a consequence of the default. 6/26/2006 City of Miami Beach 12 of 38 ITB-33-07/08 Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the bidder, and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. 1.58 TERMINATION FOR CONVENIENCE OF CITY The City may, for its convenience, terminate the services then remaining to be performed at any time without cause by giving written notice to successful bidder of such termination, which shall become effective thirty (30) days following receipt by bidder of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the Agreement is terminated by the City as provided in this section, the City shall compensate the successful bidder in accordance with the Agreement for all services actually performed by the successful bidder and reasonable direct costs of successful bidder for assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any profits that the successful bidder expected to earn on the balanced of the Agreement. Such payments shall be the total extent of the City's liability to the successful bidder upon a termination as provided for in this section. 1.59 INSURANCE AND INDEMNIFICATION: (See Check List for applicability to this contract) The contractor shall be responsible for his work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular project. He shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the contractor is acting as an independent contractor. The contractor, at all times during the full duration of work under this contract, including extra work in connection with this project shall meet the following requirements: Maintain Automobile Liability Insurance including Property Damage covering all owned, non-owned or hired automobiles and equipment used in connection with the work. No change or cancellation in insurance shall be made without thirty (30) days written notice to the City of Miami Beach Risk Manager. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of at least B+:VI or better per Best's Key Rating Guide, latest edition. Original signed Certificates of Insurance, evidencing such coverage and endorsements as required herein, shall be filed with and approved by the City of Miami Beach Risk Manager before work is started. The certificate must state Bid Number and Title. Upon expiration of the required insurance, the contractor must submit updated certificates of insurance for as long a period as any work is still in progress. It is understood and agreed that all policies of insurance provided by the contractor are primary coverage to any insurance or self-insurance the City of Miami Beach possesses that may apply to a loss resulting from the work performed in this contract. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund s/zs/zooa City of Miami Beach 13 of 38 ITB-33-07/08 for payment of deductibles by the insured and approved by the City's Risk Manager. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: "The contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a municipal corporation, its officers, agents, and employees from all claims for bodily injuries to the public in and up to the amount of $1,000,000.00 for each occurrence and for all damages to the property of others in and up to the amount of $1,000,000.00 for each occurrence per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the contractor, his agents, servants, or employees, or through the mere existence of the project under contract". The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the City of Miami Beach, its officers, agents, and employees, as determined by a court of competent jurisdiction. The contractor will notify his insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. The contractor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of Miami Beach under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. The contractor will secure and maintain policies of subcontractors. All policies shall be made available to the City upon demand. Compliance by the contractor and all subcontractors with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the contractor and all subcontractors of their liabilities and obligations under any Section or Provisions of this contract. Contractor shall be as fully responsible to the City for the acts and omissions of the subcontractor and of persons employed by them as he is for acts and omissions of persons directly employed by him. Insurance coverage required in these specifications shall be in force throughout the contract term. Should any awardee fail to provide acceptable evidence of current insurance within seven days of receipt of written notice at any time during the contract term, the City shall have the right to consider the contract breached and justifying the termination thereof. If bidder does not meet the insurance requirements of the specifications, alternate insurance coverage, satisfactory to the Risk Manager, may be considered. It is understood and agreed that the inclusion of more than one insured under these policies shall not restrict the coverage provided by these policies for one insured hereunder with respect to a liability claim or suit by another insured hereunder or an employee of such other insured and that with respect to claims against any insured hereunder, other insureds hereunder shall be considered members of the public; but the provisions of this Cross Liability clause shall apply only with respect to liability arising out of the ownership, maintenance, use, occupancy or repair of such portions of the premises insured hereunder as are not reserved for the exclusive use of occupancy of the insured against whom claim is made or suit is filed. 6/26/2008 Ciiy of Miami Beach 14 of 38 ITB-33-07/08 1.60 MODIFICATION/WITHDRAWALS OF BIDS: A Bidder may submit a modified bid to replace all or any portion of a previously submitted bid up until the bid due date and time. Modifications received after the bid due date and time will not be considered. Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration of 120 calendar days from the opening of Bids without a contract award. Letters of withdrawal received after the bid due date and before said expiration date and letters of withdrawal received after contract award will not be considered. 1.61 EXCEPTIONS TO BID Bidders are strongly encouraged to thoroughly review the qualification requirements set forth in this ITB, specifically the minimum specifications found on page 21, identified by the words "must", "shall", and "will". Bidders who fail to satisfy the requirements set forth, may be deemed non-responsive and receive no further consideration. Should your proposed bid not be able to meet one (1) or more of the requirements set forth in this ITB and you are proposing alternatives to said requirements, you must notify the Procurement Office in writing at least five (5) days prior to the deadline for submission of bids. The City reserves the right to revise the scope of services via addendum prior to the deadline for receipt of bids. srzs/zoos City of Miami Beach I S of 38 ITB-33-07/08 INSTALLATION, REMOVAL AND STORAGE OF HOLIDAY DECORATIONS ITB # 33-07/08 INSURANCE CHECK LIST XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: _ Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 _ Employee Dishonesty Bond $ .00 _ Other $ .00 XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the bid number and title BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after bid opening. ~',h hstm~s L~sigr~rs„Inc .--=-~----- _ Bidder ~~ ~_~~",~_ ~g:na#i~e of Bidder ~/~-.._-.~ 8/1/2008 City of Miami Beach l6 of 38 ITB-33-07/08 INSTALLATION, REMOVAL AND STORAGE OF HOLIDAY DECORATIONS ITB # 33-07/08 2.0 SPECIAL CONDITIONS 2.1 PURPOSE: The purpose of this bid is to establish a contract, by means of sealed bids, to qualified contractor for the installation, removal and storage of City of Miami Beach Holiday Decorations, also provide rental of holiday led lighting. The successful contractor shall be responsible at a minimum, for the inspection, installation, maintenance, operation, removal, rental and storage of City's existing inventory of holiday decorations. The successful contractor shall store the decorations in an insurable storage facility, to be located in Miami-Dade or Broward County, acceptable to the City's Parks and Recreation Director. 2.2 TERM OF CONTRACT: This contract shall remain in effect for three (3) years from date of contract execution by the Mayor and City Clerk, and may be renewed for two (2) additional years, on a year-to-year basis, upon mutual agreement by both parties. 2.2.1 NOT USED 2.2.2 Providing the successful bidder(s) will agree to maintain the same price, terms and conditions of the current contract, this contract could be extended for an additional two (2) years, on a year to year basis, upon mutual agreement by both parties. 2.3 METHOD OF AWARD Award of this contract may be to the lowest and best bidder, as defined in General Conditions, Section 1.38. The City reserves the option to recommend contract award for one, a combination, or all specified Scope of Services, (i.e. inspection, installation, maintenance, operation, removal and storage of holiday decorations) deemed to be in the City's best economical interest. 2.4 PAYMENT: Invoices for payment shall be submitted upon acceptance of the Scope of Senrices/Work accomplished by Contractor. Invoices will be subject to verification and approval by the City's Parks and Recreation Director or designated representative. 2.5 SHIPPING TERMS: N/A 2.6 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: If the Bidder is awarded a contract under this bid solicitation, the prices quoted by the Bidder on the Bid Form shall remain fixed and firm during the term of this contract; provided, however, that the Bidder may offer incentive discounts from their fixed price bid to the City at any time during the contractual term. 2.7 PRE-BID CONFERENCE: A Pre-bid conference is scheduled for July 15, 2008 at 11:00 a.m. in the City Manager's Small Conference Room, 4fh Floor, City Hall at 1700 Convention Center Drive, Miami Beach, Florida 33139. Attendance (in person or via telephone) to this Pre-bid meeting is encouraged and 6/2612008 City of Miami Beach 17 of 38 ITB-33-07/08 recommended as a source of information, but is not mandatory. Bidders interested in participating in the pre-bid submission meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-800-915-8704 (Toll-free North America) (2) Enter the MEETING NUMBER: *2659980* (note that number is preceded and followed by the star (*) key). 2.8 SITE INSPECTION: Prospective bidders shall request asite -visit/ inspection, in writing to the contact person listed below, of City's existing holiday decorations, presently stored with the current vendor, Christmas Designers, as soon as possible. 2.9 CONTACT PERSON: The contact person forthis Invitation to Bid is Shirley Thomas. The contact person may be reached by phone: 305.673.7490; fax: 786.394.4011; or a-mail: sthomas(a~miamibeachfl.gov. proposer, bidder, lobbyist or consultant and Procurement Staff is limited to matters of process or procedure. Requests for additional information or clarifications must be made in writing to the contact person, with a copy to the City Clerk, no later than ten (10) calendar days prior to the scheduled Bid opening date. The City will issue replies to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the deadline for responding to the Bid. Bidders should not rely on representations, statements, or explanations other than those made in this Bid or in any written addendum to this Bid. Bidders should verify with the Procurement Division prior to submitting a bid that all addenda have been received. YOU MUST FAMILIARIZE YOURSELF WITH GENERAL CONDITION 1.56, ENTITLED CONE OF SILENCE, WHICH SETS FORTH THE POLICIES AND PROCEDURES RELATIVE TO ORAL AND WRITTEN COMMUNICATIONS. 2.11 DELIVERY TIME: NIA 2.12 LIQUIDATED DAMAGES: N/A 2.13 PERCENTAGE ABOVE VENDOR COST: N/A 2.14 DISCOUNTS (From published price lists): Should additional holiday decorations be required, prices shall be submitted on the basis of a discount from a manufacturer's published price list(s). Such published price lists} must be common to, and accepted by, the industry in general. The lists must be printed, properly identified, and dated as current. Revised published price list(s) will be accepted only in the event of an industry-wide price change, as evidenced by the issuance of revised price lists by the manufacturer. Revised prices will not become effective until revised list(s) are submitted to the City under the vendor cover letter identifying the applicable bid number. Vendor cover letter and pricing list(s) must be dated, signed and submitted to the Procurement Director. 6/26/2008 City of Miami Beach 18 of 38 ITB-33-07/08 2.15 ESTIMATED QUANTITIES: Quantities, if stated, are for Bidders' guidance only and no guarantee is given or implied as to quantities that will be used during the contract period. Estimated quantities are based upon previous needs. Said estimated quantities may be used by the City for the purpose of evaluating the low Bidder meeting specifications. 2.16 WARRANTY: N/A 2.17 GUARANTEE: N/A 2.18 REFERENCES (PROVIDE REFERENCES, IN THE CUSTOMER REFERENCE FORM) Bidder's shall furnish the names, addresses, telephone numbers, and a-mail address of a minimum of six(6) firms or government organizations for which the Contractor is currently furnishing or has furnished, similar services. 2.19. COMPLETE PROJECT REQUIRED: N/A 2.20 FACILITY LOCATION: The successful bidder's insurable storage facility shall be located in Miami-Dade or Broward County, and acceptable to the Parks and Recreation Director. 2.21 PURCHASE OF ITEMS NOT LISTED WITHIN THIS SOLICITATION: N!A 2.22 BIDDER QUALIFICATIONS: In order for bids to be considered, bidders must submit with their bid, evidence that they are qualified to satisfactorily pertorm the specified services. Evidence shall include all information necessary to certify that the bidder: maintains a permanent place of business; has not had just or proper claims pending against him or his firm; and has provided similar type products/services. The evidence will consist of listing of contracts for similar producte/services that have been provided to public and private sector clients, within the last three (3) years. 2.23 LATE BIDS: At time, date, and place above, bids will be publicly opened. Any bids or bids received after time and date specified will be returned to the bidder unopened. The responsibility for submitting abid/bid before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. 2.24 COMPLETE INFORMATION REQUIRED ON BID FORM: All bids must be submitted on the attached Bid Form and all blanks filled in. To be considered a valid bid, the ORIGINAL AND THREE COPIES of the Bid Form pages and all required submittal information must be returned, properly completed, in a sealed envelope as outlined in the first paragraph of General Conditions. 2.25 MAINTENANCE AGREEMENT: N/A 2.26 EQUAL PRODUCT: N/A 2.27 USAGE REPORTS: NIA 6/26/2008 Cify of Miami Beach 19 of 38 ITB-33-07/08 2.28 MIAMI-DADE/STATE CONTRACTS: The City reserves the right to enter into an Agreement for services such as the ones specified in these bid documents from Miami Dade County or State Contract Vendors, should it be determined that it is in the City's best interest. 2.29 CUSTOMER SERVICE: Excellent customer service is the standard of the City of Miami Beach. As contract employees of the City, all employees will be required to adhere to the City's "Service Excellence" standards and expected to conduct themselves in a professional, courteous and ethical manner in all situations. The successful bidder's employees must work as a cooperative team of well-trained professionals, and must serve the public with dignity and respect. All business transactions with the City shall be conducted with honesty, integrity, and dedication. s/ZSr2ooa City of Miami Beach 20 of 38 ITB-33-07/08 INSTALLATION, REMOVAL AND STORAGE OF HOLIDAY DECORATIONS ITB # 33-07/08 3.0 MINIMUM SPECIFICATIONS SCOPE OF WORK The work specified in this section consists of furnishing all labor, machinery, tools, means of transportation, supplies, equipment, materials, services, secured storage and all incidentals necessary to provide installation, removal, and storage of the City's Holiday Decorations as specified herein. Contractor will be responsible for the installation, removal and storage of all City owned and contractor provided decorations, as noted in the following paragraphs during the season (Mid- November -early January), with actual dates to be specified by the City, for the term of the agreement. Contractor shall provide for the rental, installation and removal of new LED light sets, to/from the locations identified on the Bid Form. Contractor shall have a 24-hour per day/7 day per week Call Center with a primary and secondary point of contact during the "season" to which outages and other problems can be reported. Contractor shall respond within eight (8) hours by being on-site of the designated area(s), upon notification by the Parks and Recreation Director or designated representative to have all holiday decorations in operating order. Contractor shall ensure that all holiday decorations/displays citywide are functioning by 5:00 p.m. each day during season. The City reserves the right to select any, all or none of areas of decorations for installation in a particular year of the agreement. The City shall also have the option of not installing any decorations for a complete season or seasons and continue to pay for the restorative maintenance, and storage of the city owned Holiday Decorations on an annual basis at its sole discretion. s/zs/zooa City of Miami Beach 21 of 38 ITB-33-07/08 INSTALLATION, REMOVAL AND STORAGE OF HOLIDAY DECORATIONS ITB 33-07/08 We propose to furnish all labor, machinery, tools, means of transportation, supplies equipment, materials, services and all incidentals necessary for the installation, removal, rental and storage of the City's Holiday Decorations as specified herein. 3.1 HOLIDAY DECORATION INVENTORY AND INSTALLATION LOCATIONS GROUP A. HOLIDAY DISPLAYS SECTION 1 -MAIN ENTRIES sc AREA 1 - I-195 - 41 Street -Julia Tuttle Causeway (1) Happy Holiday Sign Enhancer - 30'6" tall and 38'6" wide (12) Assorted Glitter Mesh Stars gt AREA 2 -Normandy Isle - 71 Street (1) Bow Sign Enhancer - 6' tall and 4'6" wide (2) Package Scroll on each side of sign - 16' tall and 9'3" wide (14) Assorted Glitter Mesh Stars to AREA 3 - 5 Street and Lenox Avenue (1) "Welcome to the City of Miami Beach" sign - 6' tall and 11' wide (2) Package Scrolls - 7'6" tall and 4'3" wide (9) Assorted Glitter Mesh Stars SECTION 2 -STREET DECOR u m AREA 1 -Washington Avenue - 5 Street to 1 fi Street (10) Star Scroll Pole Decorations - 10' tall and 4' wide (10) Package Scroll Pole Decorations - 10' tall and 5' wide st m AREA 2 -Collins: fit Street to 7fi Street (17) Star Scroll Pole Decorations - 10' tall and 4' wide (17) Package Scroll Pole Decorations - 10' tall and 5' wide $t AREA 3 - 71 Street: Collins to Versailles (36) Package Scroll Pole Decorations - 7' tall and 4' wide AREA 4 -Ocean Drive: Lummus Park (98) Star and Scroll Globe Pole Decoration - 2'9" tall and 4'6" wide With Garland and Bows SECTION 3 -ARTHUR GO_D_FREY -INDIAN CREEK/41st STREET AREA 1 -Solar Disc Skylines (2) Solar Disc Skyline - 6'5" tall and 48' wide (4) Solar Disc Package Scroll Pole Decoration - 9'5" tall and 5' wide AREA 2 -Banners & Stars (45) Banners - 30" wide and 84" tall (45) Solar Disc Stars - 30" AREA 3 -Lighting and Stars (14) Assorted Glitter Mesh Stars srzsrzooe City of Miami Beach 22 of 3S ITB-33-07/08 INSTALLATION, REMOVAL AND STORAGE OF HOLIDAY DECORATIONS ITB 33-07/08 3.1 HOLIDAY DECORATION INVENTORY AND INSTALLATION LOCATIONS (CONT.) SECTION 4 - COLLINS AVENUE MEDIANS AREA 1 -Median 20 - 5900 Block (12) Assorted Glitter Mesh Stars AREA 2 -Collins Avenue (32) Banners - 30" wide and 108" tall (32) Solar Disc Stars - 30" SECTION 5- LINCOLN ROAD MALL Washington Avenue at Lincoln Road Mall (24) Assorted Glitter Mesh Stars Between 600 (West End) 8~ 700 Block (East End) at Euclid Avenue (24) Assorted Glitter Mesh Stars SECTION 6- LINCOLN ROAD FROM WASHINGTON AVENUE TO COLLINS AVENUE (11) Banners - 30" wide and 84" tall (11) Solar Disc Stars - 30" SECTION 7- NORMANDY FOUNTAIN - 71st STREET (30) Assorted Glitter Mesh Stars GROUP B. SUPPLEMENTAL HOLIDAY LIGHTING AND DECOR SECTION 1 -MIAMI BEACH CITY HALL (1) 28' Rocky Mountain Pine Tree with Trim (24) Icicle Panels - 5' wide and 3' tall (16) Building Front Glitter Filled Stars - 24" (8) Building Front Glitter Filled Stars - 36" (2) Building Glitter Filled Packages - 3'3" wide and 5' tall (24) Assorted Glitter Mesh Stars Building Front Light Line Tubes -Approximately 2,000 feet SECTION 2 - ESPANOLA WAY (18) Star and Scroll Globe Pole Decoration - 2'9" tall and 4'6" wide With Garland and Bows SECTION 3 -LINCOLN ROAD WEST OF ALTON TO WEST AVENUE (24) Assorted Glitter Mesh Stars (4) Banners - 30" wide and 84" tall (4) Solar Disc Stars - 30" 6/26/2008 City of Miami Beach 23 of 38 ITB-33-07/08 INSTALLATION, REMOVAL AND STORAGE OF HOLIDAY DECORATIONS ITB 33-07/08 3.2 RENTAL OF LED LIGHTS SETS Specifications for LED Rental Light Sets - (25 lights per set) • Constructed with a coaxial connection 8~ a threaded coupling cap that reinforces the end-to-end bond. • Reduce GFI nuisance tripping by 75% when compared to a standard incandescent light set • Long-lasting, low-maintenance • Energy-efficient • 90%-95% less electrical consumption than incandescent bulbs • Injection Molded bulbs and sockets • Water-tight/non-replaceable bulbs (reduces theft!) Salt-water resistant connections • Bulbs are cool to the touch • The LED lens style shall be "Conical" • The color shall be "Warm White" GROUP C -RENTAL AND INSTALLATION OF HOLIDAY LED LIGHTING SECTION 1 -MAIN ENTRIES $t AREA 1 - I-195 - 41 Street -Julia Tuttle Causeway (108) LED Spiral Wraps st AREA 2 -Normandy Isle - 71 Street (72) LED Spiral Wraps (100) LED Fronds th AREA 3 - 5 Street and Lenox Avenue (18) LED Spiral Wraps SECTION 2 -STREET DECOR N/A SECTION 3 -ARTHUR GODFREY -INDIAN CREEK/41st STREET AREA 3 -Lighting and Stars (98) LED Spiral Wraps (175) LED Fronds SECTION 4 - COLLINS AVENUE MEDIANS N/A s/zs/zoos City of Miami Beach 24 of 38 ITB-33-07/08 INSTALLATION, REMOVAL AND STORAGE OF HOLIDAY DECORATIONS ITB 33-07/08 3.2 RENTAL OF LED LIGHT SETS (CONT.) SECTION 5- LINCOLN ROAD MALL Washington Avenue West to Alton Road (1,066) LED Spiral Wraps (916) LED Fronds (70) LED Trunk Wraps (450) LED Scatter Sets (220') C-7 Perimeter Lighting, 12" spacing white cord SECTION 6 -LINCOLN ROAD FROM WASHINGTON AVE TO COLLINS AVE N/A st SECTION 7 -NORMANDY FOUNTAIN - 71 STREET (140) LED Spiral Wraps (250) LED Fronds (450) LED Scatter Sets GROUP D- RENTAL AND INSTALLATION OF HOLIDAY LED LIGHTING SUPPLEMENTAL HOLIDAY LIGHTING AND DECOR SECTION 1 -MIAMI BEACH CITY HALL (160) LED Spiral Wraps (80) LED Fronds SECTION 2 - ESPANOLA WAY N/A SECTION 3 -LINCOLN ROAD WEST OF ALTON TO WEST AVENUE (160) LED Spiral Wraps (80) LED Fronds s~zs/zoos City of Miami Beach 25 of 38 ITB-33-07/08 INSTALLATION, REMOVAL AND STORAGE OF HOLIDAY DECORATIONS ITB 33-07/08 Bid Proposal Page 1 of 6 We propose to furnish all labor, machinery, tools, means of transportation, supplies equipment, materials, services and all incidentals necessary for the installation, removal, and storage of the City's Holiday Decorations as specified herein. GROUP A -HOLIDAY DISPLAYS SECTION 1 INSPECTION/MAINTENANCE INSTALLATION/OPERATION REMOVAL Area 1 $ 1,800.00/yr $ 3,700.00/yr $ 450.00/yr Area 2 $ 1,350.00/yr $ 1,600.00/yr $ 275.00/yr Area 3 $ 1,000.00/yr $ 800.00/yr $ 100.00/yr Total: $ 4,150.00/yr $ 6,100.00/yr $ 825.00/yr SECTION 2 Area 1 Area 2 Area 3 Area 4 Total: SECTION 3 Area 1 Area 2 Area 3 Total: an/2aoa City of Miami Beach INSPECTION/MAINTENANCE $ 1,800.00/yr $ 2,570.00/yr $ 2,310.00/yr $ 5,900.00/yr $ 12,580.00/yr INSPECTION/MAINTENANCE $ 1,250.00/yr $ 1,700.00/yr $ 460.00/yr $ 3,410.00/yr INSTALLATION/O P E R ATI O N $ 1,100.00/yr $ 1,870.00/yr $ 1,980.00/yr $ 4,800.00/yr $ 9,750.00/yr INSTALLATION/OPERATION $ 2,300.00/yr $ 4,050.00/yr $ 450.00/yr $ 6,800.00/yr REMOVAL $ 300.00/yr $ 510.00/yr $ 540.00/yr $ 490.00/yr $ 1,840.00/yr REMOVAL $ 250.00/yr $ 450.00/yr $ 110.00/yr $ 810.00/yr 26 of 38 ITB-33-07/08 INSTALLATION, REMOVAL AND STORAGE OF HOLIDAY DECORATIONS ITB 33-07/08 Bid Proposal Page 2 of 6 GROUP A -HOLIDAY DISPLAYS SECTION 4 INSPECTION/MAINTENANCE INSTALLATION/OPERATION REMOVAL Area 1 $ 250.00/yr $ 400.00/yr $ 80.00/yr Area 2 $ 700.00/yr $ 2,850.00/yr $ 350.00/yr Total: $ 950.00lyr $ 3,250.00/yr $ 430.00/yr SECTION 5 Area 1 Total: SECTION 6 Area 1 Total: SECTION 7 Area 1 Total: 8/1/2008 City of Miami Beach INSPECTION/MAINTENANCE $ 1,400.00/yr $ 1,400.00/yr $ 250.00/yr $ 250.00/yr INSPECTION/MAINTENANCE $ 600.00/yr $ 600.00/yr INSTALLATION/O P E R ATI O N $1,700.00/yr $ 1,700.00/yr INSTALLATION/O P E R AT I O N $ 900.00/yr $ 900.00/yr INSTALLATION/OPERATION $ 1,100.00/yr $1,100.00/yr REMOVAL $ 200.00/yr $ 200.00/yr REMOVAL $ 200.00/yr $ 200.00/yr REMOVAL $ 100.00/yr $ 100.00/yr 27 of 38 ITB-33-07/08 INSTALLATION, REMOVAL AND STORAGE OF HOLIDAY DECORATIONS ITB 33-07/08 Bid Proposal Page 3of 6 GROUP B -SUPPLEMENTAL HOLIDAY LIGHTING AND DECOR SECTION 1 Area 1 Total: SECTION 2 Area 1 Total: SECTION 3 Area 1 Total: 811 /2008 City of Miami Beach INSPECTION/MAINTENANCE $ 4,000.00/yr $ 4,000.00/yr INSPECTION/MAINTENANCE $ 700.00/yr $ 700.00/yr INSPECTION/MAINTENANCE $ 450.00/yr $ 450.00/yr INSTALLATION/OPERATION $ 15,000.00/yr $ 15,000.00/yr INSTALLATION/OPERATION $ 900.00/yr $ 900.00/yr INSTALLATION/O P E R ATI O N $ 1,200.00/yr $ 1,200.00/yr REMOVAL $ 960.00/yr $ 960.00/yr REMOVAL $ 135.00/yr $ 135.00/yr REMOVAL $ 160.00/yr $ 160.00/yr 28 of 38 ITB-33-07/08 INSTALLATION, REMOVAL AND STORAGE OF HOLIDAY DECORATIONS ITB 33-07/08 Bid Proposal Page 4 of 6 GROUP C -RENTAL OF HOLIDAY LED LIGHTING SECTION 1 Area 1 Area 2 Area 3 Total: INSPECTION/MAINTENANCE $ 190.00/yr $ 300.00/yr $ 30.00/yr $ 520.00/yr INSTALLATION/OPERATION $ 1,560.00/yr $ 3,870.00/yr $ 288.00/yr $ 5,718.00/yr REMOVAL $ 175.00/yr $ 432.00/yr $ 32.00/yr $ 639.00/yr SECTION 2 N/A SECTION 3 Area 1 Total: SECTION 4 N/A SECTION 5 Area 1 Total: SECTION 6 N/A SECTION 7 Area 1 Total: 8/1/2008 City of Miami Beach INSPECTION/MAINTENANCE INSTALLATION/OPERATION INSPECTION/MAINTENANCE $ 480.00/yr $ 480.00/yr INSTALLATION/OPERATION $ 6,387.00/yr $ 6,387.00/yr INSPECTION/MAINTENANCE INSPECTION/MAINTENANCE $ 3,500.00/yr $ 3,500.00/yr INSPECTION/MAINTENANCE INSPECTION/MAINTENANCE $ 1,470.00/yr $ 1,470.00/yr INSTALLATION/OPERATION INSTALLATION/OPERATION $ 57,404.00/yr $ 57,404.00/yr INSTALLATION/O P E R ATI O N INSTALLATION/OPERATION $ 14,515.00/yr $ 14,515.00/yr REMOVAL REMOVAL $ 710.00/yr $ 710.00/yr REMOVAL REMOVAL $ 6,378.00/yr $ 6,378.00/yr REMOVAL REMOVAL $ 1,613.00/yr $ 1,613.00/yr 29 of 38 ITB-33-07/08 INSTALLATION, REMOVAL AND STORAGE OF HOLIDAY DECORATIONS lT6 33-07/08 Bid Proposal Page 5 of 6 GROUP D - RENTAL AND INSTALLATION OF HOLIDAY LED LIGHTING SUPPLEMENTAL HOLIDAY LIGHTING AND DECOR SECTION 1 Area 1 Total: INSPECTION/MAINTENANCE $ 420.00/yr $ 420.00/yr INSTALLATION/OPERATION $ 4,585.00/yr $ 4,585.00/yr REMOVAL $ 509.00/yr $ 509.00/yr SECTION 2 INSPECTION/MAINTENANCE INSTALLATION/OPERATION N/A SECTION 3 Area 1 Total: INSPECTION/MAINTENANCE $ 420.00/yr $ 420.00//yr INSTALLATION/OPERATION $ 4,585.00/yr $ 4,585.00/yr SUMMARY 1. GROUP A -Total (Annual): $ 57,345.00 2. GROUP B -Total (Annual): $ 23,505.00 3. GROUP C -Total (Annual): $ 99,334.00 4. GROUP D -Total (Annual): $ 11,028.00 5. STORAGE of all City Owned Holiday Decorations (Annual): $22,000.00 GRAND TOTAL - (Annual): $ 213,212.00 REMOVAL REMOVAL $ 509.00/yr $ 509.00/yr 8/1/2008 City of Miami Beach 30 of 38 (TB-33-07/08 INSTALLATION, REMOVAL AND STORAGE OF HOLIDAY DECORATIONS ITB 33-07/08 Bid Proposal Page 6 of 6 PAYMENT TERMS: NET 30. If other, specify here ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED PART OF THE BID MUST BE SUBMITTED IN DUPLICATE. SUBMITTED BY: Kevin Long, President COMPANY NAME: Christmas Designers, Inc. SIGNED: /:.~.,~~ ~_~-"'".- , -~ (1 c tl~at~..am~atithorized to ecute this bid and commit the bidding firm) Bidders must acknowledge receipt of addendum (if applicable). Addendum No. 1: July 1, 2008 Addendum No. 2: July 18, 2008 Insert Date Insert Date Addendum No. 3: Insert Date Addendum No. 4: Insert Date Addendum No. 5: Addendum No. 6: Insert Date NAME/TITLE(Print): Kevin Long /President, Christmas Designers, Inc. ADDRESS: 3124 N.W. 16th Terrace CITY/STATE: Pompano Beach, FL ZIP: 33064 TELEPHONE NO: (954) 973-4225 FACSIMILE NO: (954) 973-0914 E-MAIL: Kevin@ChristmasDesigners.com FEDERAL I.D.#: 59-2013988 SIGNED: - .-~.~._.__..._ ...~-- 8/1 /2008 City of Miami Beach 3I of 38 ITB-3~-07/08 INSTALLATION, REMOVAL AND STORAGE OF HOLIDAY DECORATIONS ITB 33-07/08 BID CHECK LIST To ensure that your bid is submitted in conformance with the Contract Documents, please verify that the following items have been completed and submitted as required. X Original and three copies of bid (including all submittal information) General Conditions Section 1.1 Special Conditions Section 2.22 X Execution of Bid General Conditions Section 1.2 NIA Equivalents/Equal Product General Conditions Section 1.10 Special Conditions Section 2.24 Insurance and Indemnification (including Insurance Checklist) X General Condition Section 1.26 General Conditions Section 1.59 Bid Guaranty/Performance Bond N/A General Condition Section 1.27 X Warranty General Condition Section 2.17 NIA ProductlCatalog Information Special Conditions Section 2.15 X References Special Conditions Section 2.18 and Page 33,34 X Bidder Qualifications Special Conditions Section 2.22 X Minimum to Specifications Special Conditions Section 3.0 Contractor's Questionnaire X (Page 35,36) Declaration: Non-Discrimination in Contrasts and Benefits X (page 39,43) Past Performance Evaluation (page 37 , 38) X srzsrzoos City of Miami Beach 32 of 38 ITB-33-07/08 INSTALLATION, REMOVAL AND STORAGE OF HOLIDAY DECORATIONS ITB 33-07/08 CUSTOMER REFERENCE LISTING Bidder's shall furnish the names, addresses, and telephone numbers of a minimum of six(6) firms or government organizations for which the Contractor is currently furnishing or has furnished, similar services. 1) Company Name Gaylord Palms Address 6000 W. Osceola Parkway, Kissimmee, FL. 34746 Contact Person/Contract Amount Wynn Merryman / $150,000 Annually Telephone No. (407) 586-0318 Fax No. (407)586-0179 E-mail WmerrymanCgaylordhotels.com 2) Company Name Town of Palm Beach Address 951 Old Okeechobee, Suite D, Palm Beach, FL 33401 Contact Person/Contract Amount Joe Ugi /Approximately $18,000 Annually Telephone No. (561) 838-5440 Fax No. (561) 835-4691 E-mail jugiC~townofpalmbeach.com 3) Company Name Westin Diplomat Resort & Spa Address 3555 S. Ocean Drive, Hollywood, FL 33019 Contact Person/Contract Amount Michelle Levous-Shulman / $140,000 Annually Telephone No. (954) 602-8603 Fax No. (954) 602-6275 E-mail michelle.shulmanC~westin.com 8/ 1 /2008 City of Miami Beach 33 of 3R ITB-33-07/OR INSTALLATION, REMOVAL AND STORAGE OF HOLIDAY DECORATIONS ITB 33-07/08 CUSTOMER REFERENCE LISTING (CONTD.) 4) Company Name Bayfront Park Management Trust Address 301 N. Biscayne Blvd., Miami, FL 33132 Contact Person/Contract Amount Timothy Schmand / Multi Year Contract Total $140,000 +/- Telephone No. (305) 358-7550 Fax No. (305) 358-1211 E-mail Tschmand@ci.miami.fl.us 5) Company Name Boca Center c/o CB Richard Ellis Address 5100 Town Center Circle, Suite 560, Boca Raton, FL 33486 Contact Person/Contract Amount Candace Goldstein / $52,000 Annually Telephone No. (561) 361-9804 Fax No. (561) 393-1650 E-mail Candace.Goldstein@CBRE.com 6) Company Name City of Miami Beach Address 2100 Washington Avenue, Miami Beach, FL 33139 Contact Person/Contract Amount Kevin Smith / Multi Year Contract ~ $900,000 Annually Telephone No. (305) 673-7730 Fax No. (305) 673-7725 E-mail kevinsmith@miamibeachfl.gov 8/1/2008 City of Miami Beach 34 of 38 ITB-33-07/OR INSTALLATION, REMOVAL AND STORAGE OF HOLIDAY DECORATIONS ITB 33-07/08 CONTRACTOR'S/ BIDDER'S QUESTIONNAIRE NOTE: Information supplied in response to this questionnaire is subject to verification. Inaccurate or incomplete answers maybe grounds for disqualification from award of this bid. Submitted to The Mayor and City Commission of the City of Miami Beach, Florida: By Christmas Designers, Inc. Principal Office 3124 N.W. 16th Terrace, Pompano Beach, FL 33064 How many years has your organization been in business under your present business name? 29 years Does your organization have current occupational licenses entitling it to do the work/service contemplated in this Contract? Yes Please state license(s) type and number: 1.) City of Pompano Beach Business Tax Receipt - Registration No. 08-00001786 Account No. 3237900 Include copies of above licenses and certificates with bid. Have you ever had a contract terminated due to failure to comply with contractual specifications? No. If so, where and why? In what other lines of business are you financially interested or engaged? None. Give references as to experience, ability, and financial standing • Christmas Designers, Inc. is a Family owned business with over 30 years of commercial Christmas decorating experience. • Experience began in mid 70's with the National Enquirer Christmas Spectacle of Lights • Currently working with Cities (Municipalities), Resorts & Local Communities • Exclusive rep for Southeastern United States since 1994 for Crystal Valley Decorating out of Albany, Oregon (contact: Russ Milstein 541-924-0700) • Financial Standing information can be obtained from Shirley Haines, Assistant V.P. Small Business Banker, Wachovia, (954) 364-4723 Tad Williams, CPA, Keefe, McCullough & Co., (954) 771-0896 • Credit references are available upon request. INSTALLATION, REMOVAL AND STORAGE OF HOLIDAY DECORATIONS ITB 33-07/08 CONTRACTOR'S /BIDDER'S QUESTIONNAIRE (CONTD.) Vendor Campaign Contribution(s): a. You must provide the names of all individuals or entities (including your sub-consultants) with a controlling financial interest. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. None. b. Individuals or entities (including our sub-consultants) with a controlling financial interest: have have not contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Please provide the name(s) and date(s) of said contributions and to whom said contribution was made. None. .AL) SEAL) 1 HEREBY CERTIFY that the above answers are true and correct. AUG-©1-2©08 15 47 Clip td AM18ni18saeh, 1700 Convention Caater Ddve, Miami 9each, Flpride 33139, wwNr.mismlbeaChfl:gov PROCUREMENT C1IVISION P,~1 Tel; 305.673.74Q0 ,Fax' 786.394.4011 July 21, 2008 • I~ Ta: I{evin Smith, The City of Miami Beach ~;' Phfln®: 305-673-7730 , - - -JFax, •• 3(~.r673-7725 _. ... .. _ .: ......,. - - - ~ - '; ~•- E-mail: kevinsmith ~miamibeachfl.gov ~,-~ ~?~ ~~ ; Subject: Pertormance Evaluation of CHRISTMAS DESIGNERS, INC. . • ~,i . Number of pages including cover: 2 f :•; : To Wham It May Concern: ~ ,, ~.: ~, ~ ,, . The City of Miami Beach has implemented a process that collects past performance infomtation .; ~! an companies that. provide installation, Removal, Rental and utoraga cf Holiday Decorations; informa#ion will be used to assist City of Miami Beach in the ;procurement of Storage and Installatipn of Holiday Decora#ions. The group or individual listed in the subject line has chosen to participate in this program. They ;; have listed you as a past client that they have done work foi•. Both, the group or individual and ~ City of.Miami Beach would greatly appreciate you taking a few minutes out of-your busy day to .complete the accompanying questionnaire. .. - ,~ - I, ' Please review all items in the following attachment and answertht~ questions to the best of your : ~ ~~~: ~ knowledge. If you cannot answer a particular question, please leave it blank. Pease return ~Chis' - •' • " " - ~ questionnaire to Shirley Thomas by August 1, 2006 at-3;00 p,m. by fax: 786.394.4011; -.ore-mail sthomas~ miamibeachfl.aov. Thank you for your time and effort. Gus L-open, CPPO Proourement .Director ,~ ~' -;. .,I, ,~. - -- i • I, Holiday Decorations Bid # 33-07/QB Additional comments for Christmas. C~esigners, -Inc. ,~~ In dealing .with Christmas 17esigners management we have found them fo be very creative, -responsive and excellent .communicators. Their decorations have been well received by our residents, tourists and day guests. Their willingness to address the challenges of timing, need to keep the citywide decorations functioning and mitment to service has met -our expectations. ~ Overall they have done a x Ilent job. ~~ ~ ,I . Kevin Smith ' i Director of Parks & Recreation .,~ ~~ .~. ~~ :red Beckmann Cair-nr++nr-nf-{~~_~Falirw~A/1.1rJ[s: - _---- - --- HUIa-L~1~-~b^F~t~ l~~ 4'f W r Y 1I~~~ ~~~~ 1 r . e~ Gilty of Mlami Beach, 1700 Convention Center Drive, Miami Beach, i=lprida 331.39, ; i tnrww.miamibeachfl.gov ~ PROCUREMENT DIVISION , ~Q,IS! JH~'S ~£.S'!!!'l'~ Tel: 305:673.7490, Fax: 786..394.4411 ~ I~. %~ ~~~~'7~~~ PEFIFORMAhIGE EVALUATION'~URVI=Y i~ Group or individual Name: ~' I ~~~ ~ .,r+'1 l ~91~1 l ~. G .I Point of Contact: ~~ os~ G 7 3~ 7 ,~ n ~ a~ Fhan~anM e-mail:~~ '~ ' Please evaluate the~performance af.thegroup ar ndiv_idual (1 b means Xou are ver~- satisfied and ha_v_e na.. questions about hiring them again, and 1 is if you would never hire them again because of very. poor ' •` ~;' • performance). If you don't know,. please leave blank, ', NQ CRITERIA UNR 1 -- ~l~itity~fitt-purrfi~ase-orders~curately (1-1 p) n Abilityto maintain delivery schedule (on-time l conforming to ~i _10) r elated delive hors or earl 3 Professionalism and abiiiiyto manage (includes responses (1_10} and rom t a ents .to su tiers and subcontraott-rs ~ ~ 4 Professionalism of delive services 1-10 5 Condition of products at delivery (1-10) 6 Quali of Products 1-'10 D 7 obit to rbvide roducts under eme enc. conditions 1-10 $ Overall customer satisfaction -based on performance :and (1-,l d~ ~~: quaiity of products Overall Comments: Agency or Contact Reference Business. Name: Contact Name: Contact Phone and a-mail: Date of Services: Dollar Amount for Services: .i • IY PLEASE FAX THIS QUESTIONNAIRE T'O SHIRLEY THOMAS AT 786-394-4011 E-MAIL sthomas~miamibeachfl.aov CITY OF MIAMI BEACH DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS Section 1. Vendor Information Name of Company: Christmas Designers, Inc. Name of Company Contact Person: Kevin Long Phone Number: (954) 973-4225 Fax Number: (954) 973-0914 E-mail: KevinC~ChristmasDesigners.com Vendor Number (if known): Federal ID or Social Security Number: 59-2013988 Approximate Number of Employees in the U.S.: 40 (If 50 or less, skip to Section 4, date and sign) Are any of your employees covered by a collective bargaining agreement or union trust fund? _Yes_X No Union name(s): Section 2. Compliance Questions Question 1. Nondiscrimination -Protected Classes A. Does your company agree to not discriminate against your employees, applicants for employment, employees of the City, or members of the public on the basis of the fact or perception of a person's membership in the categories listed below? Please note: a "YES" answer means your company agrees it will not discriminate; a "NO" answer means your company refuses to agree that it will not discriminate. Please answer yes or no to each category. I . Race _Yes _ No I Sex _Yes _ No I Color _Yes _ No [Sexual orientation _Yes _ No I Creed _Yes _ No I Gender identity (transgender status) _Yes _ No I Religion _Yes _ No !. Domestic partner status _Yes _ No I National origin _Yes _ No I Marital status _Yes _ No I Ancestry _Yes _ No I .Disability _Yes _ No I Age _Yes _ No I AIDS/HIV status _Yes _ No L Height _Yes _ No I Weight _Yes _ No B. Does your company agree to insert a similar nondiscrimination provision in any subcontract you enter into for the performance of a substantial portion of the contract you have with the City? Please note: you must answer this question, even if you do not intend to enter into any subcontracts. _Yes_No Question 2. Nondiscrimination -Equal Benefits for Employees with Spouses and Employees with Domestic Partners Questions 2A and 2B should be answered YES even if your employees must pay some or all of the cost of spousal or domestic partner benefits. A. Does your company provide or offer access to any beneftts to employees with spouses or to spouses of employees? _ Yes _ No B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? _ Yes _No *The term Domestic Partner shall mean any two (2) adults of the same or different sex, who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. A Contractor may institute an internal registry to allow for the provision of equal benefits to employees with domestic partner who do not register their partnerships pursuant to a govemmental body authorizing such registration, or who are located in a jurisdiction where no such govemmental domestic partnership exists. A Contractor that institutes such registry shall not impose criteria for registration that are more stringent than those required for domestic partnership registration by the City of Miami Beach If you answered "NO" to both Questions 2A and 2B, go to Section 4 (at the bottom of this page), complete and sign the form, filling in all items requested. If you answered "YES" to either or both Questions 2A and 26, please continue to Question 2C below. Question 2. (continued) C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Yes for Employees with S ouses Yes for Employees with Domestic Partners No, this Benefit is Not Offered Documentation of this Benefit is Submitted with this Form Health ^ ^ ^ ^ Dental ^ ^ ^ ^ Vision ^ ^ ^ ^ Retirement (Pension, 401 k ,etc. ^ ^ ^ ^ Bereavement ^ ^ ^ ^ Famil Leave ^ ^ ^ ^ Parental Leave ^ ^ ^ ^ Employee Assistance Pro ram ^ ^ ^ ^ Relocation & Travel ^ ^ ^ ^ Company Discount, Facilities & Events ^ ^ ^ ^ Credit Union ^ ^ ^ ^ Child Care ^ ^ ^ ^ Other ^ ^ ^ ^ Note: If you can not offer a benefit in a nondiscriminatory manner because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent, submit a completed Reasonable Measures Application with all necessary attachments, and have your application approved by the City Manager, or his designee. Section 3. Required Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C. Without proper documentation, your company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance. For example, to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document; to document leave programs, submit a copy of your company's employee handbook. If documentation for a particular benefit does not exist, attach an explanation. Have you submitted supporting documentation for each benefit offered? _Yes _ No Section 4. Executing the Document I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Executed this Isr day of ~r, in the year 2Ge8 , at no DG~ • r L City State 3124 new •~ Sign>~r~--"~^~ r Mailing Address L~J~ Q Name of Signatory (please print) ~r~PSl~l~e~f Title ~rnoano Qxac1~, F1.33o64 City, State, Zip Code ~ rJ~'?,M'BEACH CITY OF MIAMI BEACH REASONABLE MEASURES APPLICATION Declaration: Nondiscrimination in Contracts and Benefits Submit this form and supporting documentation to the City's Procurement Division ONLY IF you: a. Have taken all reasonable measures to end discrimination in benefits; and b. Are unable to do so; and c. Intend to offer a cash equivalent to employees for whom equal benefits are not available. You must submit the following information with this form: 1. The names, contact persons and telephone numbers of benefits providers contacted for the purpose of acquiring nondiscriminatory benefits; 2. The dates on which such benefits providers were contacted; 3. Copies of any written response(s) you received from such benefits providers, and if written responses are unavailable, summaries of oral responses; and 4. Any other information you feel is relevant to documenting your inability to end discrimination in benefits, including, but not limited to, reference to federal or state laws which preclude the ending of discrimination in benefits. I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Christmas Designers, Inc. Name of Company (please print) 3124 N.W. 16th Terrace Mailing Address of Company Beach, FL. 33064 Zip Kevin Long Name of Signatory (please print) (954) 973-4225 Telephone Number President Title August 1, 2008 Date Definition of Terms A. REASONABLE MEASURES The City of Miami Beach will determine whether a City Contractor has taken all reasonable measures provided by the City Contractor that demonstrates that it is not possible for the City Contractor to end discrimination in benefits. A determination that it is not possible for the City Contractor to end discrimination in benefits shall be based upon a consideration of such factors as: (1) The number of benefits providers identified and contacted, in writing, by the City Contractor, and written documentation from these providers that they will not provide equal benefits; (2) The existence of benefits providers willing to offer equal benefits to the City Contractor; and (3) The existence of federal or state laws which preclude the City Contractor from ending discrimination in benefits. B. CASH EQUIVALENT "Cash Equivalent" means the amount of money paid to an employee with a Domestic Partner (or spouse, if applicable) in lieu of providing Benefits to the employees' Domestic partner (or spouse, if applicable). The Cash Equivalent is equal to the employer's direct expense of providing Benefits to an employee for his or her spouse. Cash Equivalent. The cash equivalent of the following benefits apply: a. For bereavement leave, cash payment for the number of days that would be allowed as paid time off for death of a spouse. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. b. For health benefits, the cost to the Contractor of the Contractor's share of the single monthly premiums that are being paid for the domestic partner employee, to be paid on a regular basis while the domestic partner employee maintains the such insurance in force for himself or herself. c. For family medical leave, cash payments for the number of days that would be allowed as time off for an employee to care for a spouse that has a serious health condition. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. INSTALLATION, REMOVAL AND STORAGE OF HOLIDAY DECORATIONS ITB # 33-07/08 BID OPENING -AUGUST 1, 2008 Executive Summary Christmas Designers, Inc. has been involved in the South Florida business community since 1979. The Company has always maintained a reputation for providing only the highest quality of products and services. We are experienced with the logistics of the Miami Beach account including - Power requirements and locations - Special installation procedures per location - Handling all maintenance of all custom designed displays & materials - Designer supervision of installations to maintain visual design integrity of the displays - Superior storage and handling of all materials With our 12 year experience with the City of Miami Beach, we are fully versed in the intricacies of Miami Beach's Holiday Program. Our superior design, production, installation, maintenance and storage capabilities make us the premier decorating and lighting company in South Florida. We look forward to continuing our relationship with the City of Miami Beach and providing the finest and most unique holiday decor program in the state. Sincerely, ~.--- Kevin Long President - - - - - 3124 NW 16`t' Terrace • Pompano Beach, FL 33064 • (954) 973-4225 • 1-800-432-5139 • FAX (954) 973-0914 www. ChristmasDesigners.com INSTALLATION, REMOVAL AND STORAGE OF HOLIDAY DECORATIONS ITB # 33-07/08 BID OPENING -AUGUST 1, 2008 Provisional Extended Warranty Due to the premium maintenance program provided to the City of Miami Beach holiday decorations by Christmas Designers, Inc. for the last 3 seasons, their current pristine condition of the decor allows us (if awarded contract) to offer an extended factory warranty for the term of the new City of Miami Beach contract. This unconditional warranty would cover frames, wiring and glitter on all City of Miami Beach Holiday Decor excluding Acts of God, vandalism or extreme weather conditions. 3124 NW 16"' Terrace • Pompano Beach, FL 33064 • (954) 973-4225 • 1-800-432-5139 • FAX (954) 973-0914 www. ChristmasDesigners.com INSTALLATION, REMOVAL AND STORAGE OF HOLIDAY DECORATIONS ITB 33-07/08 Reference Bid Proposal Page 6 of 6 SUBMITTED BY: Kevin Long COMPANY NAME: Christmas Designers, Inc. Christmas Designers, Inc Definitions & Provisions for the following areas INSPECTION/MAINTENANCE INSTALLATION/OPERATION REMOVAL INSPECTION/MAINTENANCE - Inspection includes 2 service crews (1 at the North end, 1 at the South end) • North End Crew covers 76"' Street South to 41St Street including Normandy 71St Street Entrance, Normandy Fountain Area, All Street Decor & Skylines to 41St Street (Indian Creek) • South End Crew covers 195 Julia Tuttle Entrance South to 6th Street including all street decor and lighting for the Julia Tuttle Main Entrance, City Hall, Lincoln Road Mall and Lumus Park • Inspections are conducted daily from time of light up to removal • 24 hour response call center located at 3124 NW 16th Terr., Pomp Bch, FL • Service calls can be emailed to service@christmasdesianers.com • Latest telecommunication technology (VOIP) allows service phone to be forwarded directly to service crews 24/7 Maintenance begins immediately at take down. • All decorations are given a desalinization rinse upon removal to prevent corrosion. • All electrical wiring is checked for wear and tear, nicks or damages to reduce nuisance tripping of GFI's. • Each socket is sprayed with a corrosion inhibitor to help prevent future corrosion build up • 100% replacement of all incandescent bulbs • All frames are re painted to maintain a like new condition and provide a protective coating eliminating any rust from forming. • All decorations with a glitter finish have a new application of glitter applied to maintain a fresh appearance year after year. • All decorations are maintained to be in like-new condition. INSTALLATION, REMOVAL AND STORAGE OF HOLIDAY DECORATIONS ITB 33-07/08 -continued Reference Bid Proposal Page 6 of 6 SUBMITTED BY: Kevin Long COMPANY NAME: Christmas Designers, Inc. INSTALLATION/OPERATION - At the direction of the City, Installation is completed by the Friday after Thanksgiving. • Installation is conducted by our professional installation technicians. • All technicians are dressed in appropriate company attire. • Installation is scheduled to cause the least disruption to the City and/or the citizens of Miami Beach. • Required permits are obtained. • Installation crews are outfitted with the newest bucket trucks and equipment. • Installers double check all electrical connections to confirm that decoration is operational. City is notified of any faults that require City attention. • Installers double check that all straps and brackets are secure. Replacement done if necessary. • Installers balance all electrical loads to reduce nuisance GFI tripping. REMOVAL - At the direction of the City, Commencement of Removal begins the day after 3 Kings Day. • Removal consists of careful take down, packing and transportation of all decorations to storage facility. • All decorations are re-inspected for any unusual wear and tear/damages. • Any problems or special circumstances are reported. • Decorations are prepared for storage depending on the type of decoration including - A desalinization rinse to prevent corrosion - Sprayed with a corrosion inhibitor to help prevent future corrosion build up -All electrical wiring is checked for wear and tear, nicks or damages to reduce nuisance tripping of GFI's. INSTALLATION, REMOVAL AND STORAGE OF HOLIDAY DECORATIONS ITB 33-07/08 SUBMITTED BY: Kevin Long COMPANY NAME: Christmas Designers, Inc. Christmas Designers, Inc Definitions - Stora @ of All City Owned Holiday Decoration • Storage facility located at 3124 NW 16t" Terrace, Pompano Beach, FL - Broward County • 16 Camera Video Surveillance Security system • 24 hour ADT monitored security alarm system • Hurricane Prepared building includes - Category 4 Bay Doors reinforced with aluminum I beams - Category 5 rated shutter system on all other opening (ie: doors, window) - Building maintains its own generated power source for full functionality in case of extended power outages • All decorations are stored indoors (not in an external shipping container) in a well ventilated area on a secure racking system. INSTALLATION, REMOVAL AND STORAGE OF HOLIDAY DECORATIONS ITB 33-07/08 -continued SUBMITTED BY: Kevin Long COMPANY NAME: Christmas Designers, Inc. Storage Prior to Christmas Designers, Inc. Currerl~ Storage by Christmas Designers, Inc.