ACT Productions, Inc. PSA PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
ACT PRODUCTIONS, INC.
FOR
EVENT PLANNING AND MARKETING SERVICES FOR THE CITY'S
CENTENNIAL CELEBRATION, PURSUANT TO
RFQ NO. 2014-182-LR
This Professional Services Agreement ("Agreement") is entered into this 301h day of July,
2014, between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized
and existing under the laws of the State of Florida, having its principal offices at 1700
Convention Center Drive, Miami Beach, Florida, 33139 (City), and ACT PRODUCTIONS,
INC., a Florida corporation, whose address is 407 Lincoln Rd., Suite 302, Miami Beach, FL
33139 (Consultant).
SECTION 1 -DEFINITIONS
Agreement: This Agreement between the City and Consultant, including any
exhibits and amendments thereto.
City: The City of Miami Beach
City Manager: The chief administrative officer of the City.
a-
City Services: Services provided for the event by Police, Fire, Sanitation, Parking, or
any other City of Miami Beach department.
Consultant: For the purposes of this Agreement, Consultant shall be deemed to be
an independent contractor, and not an agent or employee of the City.
Consultant may also be referred to as Contractor or Proposer in the
Proposal Documents or Exhibits attached hereto.
Exhibits: Shall mean the various exhibits attached to and incorporated in this
Agreement and referred to as follows:
Exhibit A: Consultant's Scope of Services for Project
Exhibit B: Timeline & Deliverables
Exhibit C: Reimbursable Project Expenses
Exhibit D: Proposal Documents
Project Budget: Shall mean the fixed amount committed by the City for expenses
associated with this Project, which has an approved budget of
$1,500,000.
Services or Project: All services, work and actions by the Consultant performed or
undertaken pursuant to this Agreement.
Fee: Amount paid to the Consultant as compensation for Services, which
may be paid based upon percentage of completion of the Services or
Project, excluding any commission earned under this Agreement. The
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maximum Fee which Consultant may earn under this Agreement is
17.5% of the Project Budget or any subsequent increase in said
Project Budget by the City, in its sole discretion, or through Td party
negotiated Sponsor/Licensing agreements during the term of this
Agreement.
Proposal
Documents: Proposal Documents shall mean City of Miami Beach RFQ No. 2014-
182-LR for Event Planning and Marketing Services for the City's
Centennial Celebration, together with all amendments thereto,
issued by the City in contemplation of this Agreement (RFQ), and the
Consultant's proposal in response thereto (Proposal), all of which are
hereby incorporated and made a part hereof as Exhibit "D"; provided,
however, that in the event of an express conflict between the Proposal
Documents and this Agreement, the following order of precedent shall
prevail: this Agreement (including Exhibits "A" — "C"); the RFQ; and the
Proposal.
Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139: telephone number
(305) 673-7000, Ext. 6435: and fax number (305) 673-7023.
Centennial
Celebration: Centennial Celebration is a yearlong of events beginning November 1,
2014, through October 31, 2015 that celebrates the City's 100th
birthday.
Event(s): Any event including but not limited to a Centennial birthday concert,
sanctioned events, satellite events which are part of the City's
Centennial Celebration.
Project Expenses: Project Expenses which qualify as reimbursable expenses are
identified in the attached Exhibit "C".
Sponsorships: Shall mean fully executed written contracts procured by Consultant
and approved by the City including sponsorships, naming rights,
and/or licensing agreements. Notwithstanding the preceding,
Sponsorship Agreements shall not include contracts where the
sponsor, person or entity requesting the naming right(s) and/or
licensee, initiates the contact directly with the City, and there has been
no previous contract between Consultant and that sponsor (or
person/entity requesting the naming right(s) and/or licensee) on behalf
of the City.
SECTION 2 - SCOPE OF SERVICES (SERVICES)
2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall
provide the work and services in connection with the Centennial Celebration, as
further described in Exhibit "A" hereto (the Services).
2.2 Consultant's Services, and any deliverables incident thereto, shall be completed in
accordance with the timeline and/or schedule in Exhibit "B" hereto.
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SECTION 3 -TERM
Following execution by the parties hereto, the term of this Agreement (Term) shall be for
seventeen (17) consecutive months, commencing retroactively on August 1, 2014 and
ending on December 31, 2015, with no renewal options. Notwithstanding the preceding and
only with respect to the portion of the Scope of Services relating to the solicitation of
Broadcasting Revenues, in connection with the Centennial Documentary, as more
particularly defined in section 4.5 of this Agreement, Consultant shall be entitled to an
additional maximum two year Solicitation Period, as defined in section 4.6 herein, which
Solicitation Period shall terminate on December 31, 2017.
Notwithstanding the Term provided herein, Consultant shall adhere to any specific timelines,
schedules, dates, and/or performance milestones for completion and delivery of the
Services, as same is/are set forth in the timeline and/or schedule referenced in Exhibit "B"
hereto.
SECTION 4— FEE
4.1 The Project Budget is $1,500,000, with 17.5% of the Project Budget allocated toward
the Consultant's Fee, in the total sum of $262,500 (Consultant Fee Cap), payable
pursuant to the terms and conditions contained in this Section 4. In addition to the
Consultant's Fee, Consultant may earn a Commission, pursuant to the terms
contained in this section 4.
4.2 In consideration of the Services to be provided during the Term of this Agreement,
the City agrees to pay Consultant a Fee, in proportion to the Services satisfactorily
performed, in accordance with the Timeline and Deliverables set forth in Exhibit "B",
pursuant to the manner specified in Section 4.9 herein, and upon submission of
satisfactory invoices and documentation substantiating satisfactory completion of the
Services for which payment is requested, the total of which cannot exceed the
Consultant Fee Cap during the Term of this Agreement.
4.3 In addition, if the Project Budget is increased by the
City, in its sole discretion, or through 3rd party negotiated Sponsor/Licensing
agreements (Additional Project Budget Allowance), then the Consultant Fee Cap will
be increased by 17.5% of the Additional Project Budget Allowance. Notwithstanding
the foregoing, the Project Budget and any Additional Project Budget Allowance shall
not include funds derived from grants, sponsors/licensing agreements obtained
directly by Consultant, restricted funds, or any funds committed for expenses for City
services.
4.4 Project Expenses: Project Expenses, as identified in Exhibit "C", will be payable to the
Consultant on a monthly basis. Notwithstanding the preceding sentence, expenses
must be approved, in writing, in advance by the City Manager or his designee.
Consultant must submit to the City applicable receipts/invoices and any other records
reasonably required by the City, through its City Manager or designee, to substantiate
the Project Expense.
4.5 Commission for Sponsorships/ Naming Rights/ Licensing: Consultant shall be entitled
to receive a 20% commission (Commission) on total gross revenues to the City
which are generated by Sponsorship Agreements, Naming Rights, and/or Licensing
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Agreements (Sponsorship Revenues) and which are obtained by Consultant pursuant
to this Agreement during the Term of this Agreement. Consultant shall only be
entitled to receive Commission payments on Sponsorship Revenues actually
received by the City, but shall manage the activation and execution of the contract
obligations of all sponsors and licensees in connection with the performance of the
Services under this Agreement. The right to earn a Commission for Sponsorship
Revenues shall terminate at the end of the Term of this Agreement or upon early
termination pursuant to the terms of this Agreement.
4.6 Commission on Licensing of Centennial Documentary or Event Broadcast: Pursuant
to the Scope of Services, as described in Exhibit "A," the Consultant shall produce at
a minimum a 10 minute documentary which documents the year-long Centennial
Celebration (Centennial Documentary). Consultant shall be entitled to receive a 20%
Commission on total gross revenues to the City generated by any Licensing
Agreements, including but not limited to broadcasting rights, obtained by Consultant
for the Centennial Documentary (Broadcasting Revenues). Consultant shall only be
entitled to receive Commission payments on Broadcasting Revenues actually
received by the City. The Consultant is permitted to solicit and obtain Licensing
Agreements, only as it relates to the Centennial Documentary, for up to and no more
than two years (2) after the end of the Term of this Agreement or December 31, 2017
(Solicitation Period). The right to earn a Commission for Broadcasting Revenues shall
terminate at the end of the Solicitation Period, or upon early termination pursuant to
the terms of this Agreement, as applicable. The City maintains ownership rights of the
Centennial Documentary at all times as further stipulated in Section 9 of this
Agreement. Additionally, in the event the Consultant secures a broadcast sponsor
who wishes to broadcast live or record any portion of the Centennial Celebration, the
same terms contained in this Section 4.6 shall apply.
4.7 Tickets: The Centennial Celebration events are intended to be free to the public.
However, the City, at its sole discretion, retains all rights to determine if tickets are to
be sold for any Event and, in such case, the City must provide to the Consultant prior
written approval to sell tickets as well as setting the ticket price(s). Any Net Revenue
received from the ticket sales will be considered Additional Project Budget Allowance
and subject to Section 4.3
4.8 Approved Additional Services shall be compensated at an hourly rate of $150.00 per
person. Any request for payment of Additional Services shall be included with a
Consultant payment request.
4.9 Invoicing: Consultant may submit invoices for compensation no more often than on a
monthly basis, but only after the portion of the Work for which the invoice is submitted
has been satisfactorily completed. Additionally, each invoice shall include a written
progress report, with a narrative discussion of all activities in progress during the
report period, photo documentation where appropriate, based upon the stated
Services and payment description. The City, through its City Manager or his
designee, shall have the right to request additional documentation, as it deems
necessary, in its sole discretion, to substantiate the payment requests.
Invoices shall identify percent complete as outlined and in accordance with the
timeline and/or schedule in Exhibit "B" hereto and shall be calculated as a pro-rated
percentage of the percentage of the deliverable (Exhibit "B") performed/completed.
Invoices shall also itemize and summarize any payable Project Expenses and/or
Additional Services. A copy of the written approval from the Project Coordinator for
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the requested Reimbursable Project Expenses and/or Additional Services shall
accompany the invoice.
Consultant shall provide back-up for past and current invoices, and cost itemizations
for Reimbursable Expenses (by category).
Upon receipt of an acceptable and approved invoice, payment(s) shall be made
within thirty (30) days for that portion (or those portions) of the Services satisfactorily
rendered (and referenced in the particular invoice).
Invoices shall include a detailed description of the Services (or portions thereof)
provided, and shall be submitted to the City at the following address:
City of Miami Beach
1755 Meridian Ave, Suite 500
Miami Beach, Florida 33139
Attention: Max Sklar, Tourism, Culture, and Economic Development Director
Upon completion of the Services, Consultant's final payment shall require the prior
written approval of the City Manager before disbursement of same.
SECTION 5 -TERMINATION
5.1 Termination for Cause: If the Consultant shall fail to fulfill in a timely manner, or
otherwise violates, any of the covenants, agreements, or stipulations material to this
Agreement, the City, through its City Manager, shall thereupon have the right to
terminate this Agreement for cause. Prior to exercising its option to terminate for
cause, the City shall notify the Consultant of its violation of the particular term(s) of
this Agreement, and shall grant Consultant ten (10) days to cure such default. If such
default remains uncured after ten (10) days, the City may terminate this Agreement
without further notice to Consultant. Upon termination, the City shall be fully
discharged from any and all liabilities, duties, and terms arising out of, or by virtue of,
this Agreement.
Notwithstanding the above, the Consultant shall not be relieved of liability to the City
for damages sustained by the City by any breach of the Agreement by the
Consultant. The City, at its sole option and discretion, shall be entitled to bring any
and all legal/equitable actions that it deems to be in its best interest in order to
enforce the City's right and remedies against Consultant. The City shall be entitled to
recover all costs of such actions, including reasonable attorneys' fees.
5.2 Delays/Liquidated Damages: In light of the stringent timelines for this Project and the
fact that the City,may not be able to replace the services of the Consultant for this
Project, liquidated damages would compensate the City for any delays in the
Consultant's performance under this Agreement. At City's sole discretion, and in
addition to any other remedies which the City may have, If Consultant does not
perform in accordance with the timelines set forth on the attached Exhibit "B",
Consultant shall be charged a late fee (or Consultant's fee may be reduced, at City's
discretion) on a per diem basis, based proportionately upon the amount of Fee which
the Consultant would have earned during said stage of the Project, until such time as
the Consultant commences to perform in accordance with the timelines set forth on
Exhibit "B" and/or has complied with the terms of this Agreement. For example, if the
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delay occurs during the Master Planning Stage, the per diem late fee would equal
$855.98/day (30% of Fee = $78,750/92 days = $855.98/day late fee).
5.3 TERMINATION FOR CONVENIENCE OF THE CITY: THE CITY MAY ALSO,
THROUGH ITS CITY MANAGER, AND FOR ITS CONVENIENCE AND WITHOUT
CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY
GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION; WHICH
SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT
BY THE CONSULTANT OF SUCH NOTICE. IF THE AGREEMENT IS
TERMINATED FOR CONVENIENCE BY THE CITY, CONSULTANT SHALL BE
PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE
OF TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED
FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR
BY VIRTUE OF, THIS AGREEMENT.
5.4 Termination for Insolvency: The City also reserves the right to terminate the
Agreement in the event the Consultant is placed either in voluntary or involuntary
bankruptcy or makes an assignment for the benefit of creditors. In such event, the
right and obligations for the parties shall be the same as provided for in Section 5.2.
SECTION 6 - INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 Indemnification: Consultant agrees to indemnify and hold harmless the City of Miami
Beach and its officers, employees, agents, and contractors, from and against any and
all actions (whether at law or in equity), claims (including copyright, patent or
trademark infringement claims), liabilities, losses, and expenses, including, but not
limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful
death, loss of or damage to property, which may arise or be alleged to have arisen
from the negligent acts, errors, omissions or other wrongful conduct of the Consultant,
its officers, employees, agents, contractors, or any other person or entity acting under
Consultant's control or supervision, in connection with, related to, or as a result of the
Consultant's performance of the Services pursuant to this Agreement. To that extent,
the Consultant shall pay all such claims and losses and shall pay all such costs and
judgments which may issue from any lawsuit arising from such claims and losses,
and shall pay all costs and attorneys' fees expended by the City in the defense of
such claims and losses, including appeals. The Consultant expressly understands
and agrees that any insurance protection required by this Agreement or otherwise
provided by the Consultant shall in no way limit the responsibility to indemnify, keep
and save harmless and defend the City or its officers, employees, agents and
instrumentalities as herein provided.
The parties agree that one percent (1%) of the total compensation to Consultant for
performance of the Services under this Agreement is the specific consideration from
the City to the Consultant for the Consultant's indemnity agreement. The provisions
of this Section and of this indemnification shall survive termination or expiration of this
Agreement.
6.2 Insurance: The Consultant shall maintain and carry in full force during the Term, the
following insurance:
1. Consultant General Liability, in the amount of$1,000,000;
2. Consultant Professional Liability, in the amount of$200,000;
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3. Workers Compensation & Employers Liability, as required
pursuant to Florida Statutes;
4. 1 Automobile liability, for owned/non-owned/hired automobiles, in
the amount of$1,000,000
The insurance certificates for the General Liability, Professional Liability and
Automobile Liability shall reflect the City as an additional insured and contain a waiver
of subrogation endorsement. The insurance must be furnished by insurance
companies authorized to do business in the State of Florida. All insurance policies
must be issued by companies rated no less than "B+" as to management and not less
than "Class VI" as to strength by the latest edition of Best's Insurance Guide,
published by A.M. Best Company, Oldwick, New Jersey, or its equivalent.
All of Consultant's certificates shall contain endorsements providing that written
notice shall be given to the City at least thirty (30) days prior to termination,
cancellation or reduction in coverage in the policy.
Original certificates of insurance must be submitted to the City's Risk Manager for
approval (prior to any work and/or services commencing) and will be kept on file in
the Office of the Risk Manager. The City shall have the right to obtain from the
Consultant specimen copies of the insurance policies in the event that submitted
certificates of insurance are inadequate to ascertain compliance with required
coverage.
The Consultant is also solely responsible for obtaining and submitting all insurance
certificates for any sub-consultants.
Compliance with the foregoing requirements shall not relieve the Consultant of the
liabilities and obligations under this Section or under any other portion of this
Agreement.
The Consultant shall not commence any work and or services pursuant to this
Agreement until all insurance required under this Section has been obtained and
such insurance has been approved by the City's Risk Manager.
SECTION 7 - LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER
This Agreement shall be construed in accordance with the laws of the State of Florida. This
Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade
County, Florida. By entering into this Agreement, Consultant and the City expressly waive
any rights either party may have to a trial by jury of any civil litigation related to or arising out
of this Agreement.
SECTION 8 - LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on
the City's liability for any cause of action, for money damages due to an alleged breach by
the City of this Agreement, so that its liability for any such breach never exceeds the sum of
$10,000. Consultant hereby expresses its willingness to enter into this Agreement with
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Consultant's recovery from the City for any damage action for breach of contract to be limited
to a-maximum amount of$10,000.
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant
hereby agrees that the City shall not be liable to the Consultant for damages in an amount in
excess of $10,000 for any action or claim for breach of contract arising out of the
performance or non-performance of any obligations imposed upon the City by this
Agreement.
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Nothing contained in this section or elsewhere in this Agreement is in any way intended to be
a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida
Statutes.
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SECTION 9 -OWNERSHIP OF PROJECT DOCUMENTS �
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9.1 All materials, data, documentation, film, print, photographs, reports, final cuts, raw
footage, and any other documents whether completed or partially completed arid
i copyrights thereto for productions produced in the performance of this Agreement or
' related to the Centennial Celebration whether in paper or other hard copy medium or
in electronic medium, except with respect to copyrighted standard details and designs
owned by the Consultant or owned by a third party and licensed-to the Consultant for a
use and reproduction, shall become the property of the City (Project Documents).
Consultant shall deliver all such Project Documents to the City within thirty 30 days of r
completion of the Services (or within thirty 30 days of expiration or earlier termination
of this Agreement as the case may be). The City grants Consultant a non-exclusive
royalty free, non-transferable, non-assignable license to use and publish the City's
slogans, logos, artwork, trademarks, service marks, trade name and logos (City
Marks) in connection with the Services Consultant is performing for this Event, solely
during the Term of this Agreement, and.subject to prior written approval b the City
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Manager. However, the City may grant, at the City's sole discretion, an exclusive
license of the copyright, in connection with the Centennial Documentary, to the
Consultant for reusing and reproducing copyrighted materials or portions thereof as
authorized by the City Manager in advance and in writing and as specified in Section
4.6 of this Agreement. In addition the Consultant shall not disclose release or make
available any Project Document or City Marks to any third party without prior written
approval from the City Manager. The Consultant shall warrant to the City that it has i
been granted a license to use and reproduce any standard details and designs
owned by a third party and used or reproduced by the Consultant in the performance
of this Agreement. Nothing contained herein shall be deemed to exclude the
disclosure of any document, as may be required pursuant to. the Florida Public
Records Law, including ithout limitation, Chapter 119, Florida Statutes.
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9.2 The City, through the City Manager or his designee, shall have the right to approve
and modify said Project Documents or any components thereof, prior to use, without
permission from the Consultant or without any additional compensation to the
Consultant. The Consultant shall be released from any liability resulting from such
modification.
9.3 The Consultant shall bind all sub-consultants to the requirements of this Agreement,
including, without limitation, the requirements of this Section 9 for re use of plans and
specifications, Project Documents, City Marks and any other similar documents.
Additionally, any contracts with.sub-consultants shall be subject to the terms of this
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Agreement and co-terminus with this Agreement. I
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SECTION 10 -GENERAL PROVISIONS
10.1 Audit And Inspections: Upon reasonable verbal or written notice to Consultant, and
at any time during normal business hours (i.e. 9AM — 5PM, Monday through
Fridays, excluding nationally recognized holidays), and as often as the City Manager
may, in his/her reasonable discretion and judgment, deem necessary, there shall be
made available to the City Manager, and/or such representatives as the City
Manager may deem to act on the City's behalf, to audit, examine, and/ or inspect,
any and all other documents and/or records relating to all matters covered by this
Agreement. Consultant shall maintain any and all such records at its place of
business at the address set forth in the "Notices" section of this Agreement.
10.2 Rights and Clearances: Consultant agrees to obtain all Broadcast Rights to any
concert production, Centennial Video or any other produced or raw deliverable and
provide all necessary licenses and clearances associated with delivered material,
including but not limited to, releases/likeness agreements; trademark and copyright
clearances; and artist and synchronization rights for all music cleared for the region of
the Universe, in perpetuity and for all media, known and unknown.
10.3 Assignment, Transfer or Subconsulting: Consultant shall not subcontract, assign, or
transfer all or any portion of any work and/or service under this Agreement without
the prior written consent of the City Manager, which consent, if given at all, shall be
in the Manager's sole judgment and discretion. Neither this Agreement, nor any
term or provision hereof, or right hereunder, shall be assignable unless as approved
pursuant to this Section, and any attempt to make such assignment (unless
approved) shall be void.
10.4 Public Entity Crimes: Prior to commencement of the Services, the Consultant shall
file a State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a)
Florida Statute on Public Entity Crimes with the City's Procurement Division.
10.5 Equal Employment Opportunity: In connection with the performance of the
Services, the Consultant shall not discriminate against any employee or applicant
for employment because of race, color, national origin, religion, sex, gender identity,
sexual orientation, disability, marital and familial status, or age.
10.6 Conflict of Interest: The Consultant herein agrees to adhere to and be governed by
all applicable Miami-Dade County Conflict of Interest Ordinances and Ethics
provisions, as set forth in the Miami-Dade County Code, and as may be amended
from time to time; and by the City of Miami Beach Charter and Code (as some may
be amended from time to time); both of which are incorporated by reference herein
as if fully set forth herein.
The Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirectly, which could conflict in any manner or degree with the
performance of the Services. The Consultant further covenants that in the
performance of this Agreement, no person having any such interest shall knowingly
be employed by the Consultant. No member of or delegate to the Congress of the
United States shall be admitted to any share or part of this Agreement or to any
benefits arising there from.
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SECTION 11 - NOTICES
All notices and communications in writing required or permitted hereunder, shall be
delivered personally to the representatives of the Consultant and the City listed below or
may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a
nationally recognized overnight delivery service.
Until changed by notice in writing, all such notices and communications shall be addressed
as follows:
TO CONSULTANT: ACT Productions, Inc.
407 Lincoln Rd. Ste 302
Miami Beach, FL 33139
Attention: Bruce Orosz, President
TO CITY: City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: Max Sklar, Tourism, Culture, & Economic
Development Director
Notice may also be provided to any other address designated by the party to receive notice if
such alternate address is provided via U.S. certified mail, return receipt requested, hand
delivered, or by overnight delivery. In the event an alternate notice address is properly provided,
notice shall be sent to such alternate address in addition to any other address which notice
would otherwise be sent, unless other delivery instruction as specifically provided for by the
party entitled to notice.
Notice shall be deemed given on the day on which personally served, or the day of receipt by
either U.S. certified mail or overnight delivery.
SECTION 12 - MISCELLANEOUS PROVISIONS
12.1 Changes and Additions: This Agreement cannot be modified or amended without the
express written consent of the parties. No modification, amendment, or alteration of
the terms or conditions contained herein shall be effective unless contained in a
written document executed with the same formality and of equal dignity herewith. The
City Manager, on behalf of the City, shall have authority to approve any changes to
this Agreement, including any changes to the Scope of Services, so long as said
changes do not exceed the fee.
12.2 Severability: If any term or provision of this Agreement is held invalid or
unenforceable, the remainder of this Agreement shall not be affected and every other
term and provision of this Agreement shall be valid and be enforced to the fullest
extent permitted by law.
12.3 Entirety of Agreement: The City and Consultant agree that this is the entire
Agreement between the parties. This Agreement supersedes all prior negotiations,
correspondence, conversations, agreements or understandings applicable to the
matters contained herein, and there are no commitments, agreements or
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understandings concerning the subject matter of this Agreement that are not
contained in this document. Title and paragraph headings are for convenient
reference and are not intended to confer any rights or obligations upon the parties to
this Agreement. .
12.4 Consultant's Compliance with Florida Public Records Law: Pursuant to Section
119.0701 of the Florida Statutes, if the Consultant meets the definition of"Contractor"
as defined in Section 119.0701(1)(a), the Consultant shall:
a) Keep and maintain public records that ordinarily and necessarily would be
required by the public agency in order to perform the service;
b) Provide the public with access to public records on the same terms and
conditions that the public agency would provide the records and at a cost that
does not exceed the cost provided in this chapter or as otherwise provided by
law;
C) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized
by law; and
d) Meet all requirements for retaining public records and transfer to the City, at
no City cost, all public records created, received, maintained and/or directly
related to the performance of this Agreement that are in possession of the
Consultant upon termination of this Agreement. Upon termination of this
Agreement, the Consultant shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to the City in
a format that is compatible with the information technology systems of the
City.
For purposes of this Article, the term "public records" shall mean all documents,
papers, letters, maps, books, tapes, photographs, films, sound recordings, data
processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to law or
ordinance or in connection with the transaction of official business of the City.
Consultant's failure to comply with the public records disclosure requirement set forth
in Section 119.0701 of the Florida Statutes shall be a breach of this Agreement.
In the event the Consultant does not comply with the public records disclosure
requirement set forth in Section 119.0701 of the Florida Statutes, the City may, at the
City's sole discretion, avail itself of the remedies set forth under this Agreement and
available at law.
12.5 Prohibitions Regarding Sale or Use of Expanded Polystyrene Food Service Article:
Expanded polystyrene, a petroleum byproduct commonly known as Styrofoam, is
neither readily recyclable nor biodegradable and takes hundreds to thousands of
years to degrade. Expanded polystyrene is a common pollutant, which fragments into
smaller, non-biodegradable pieces that are harmful to marine life, other wildlife, and
the environment. The City's goals are to reduce the use of expanded polystyrene and
encourage the use of reusable, recyclable, or compostable alternatives.
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Expanded polystyrene means blown polystyrene and expanded and extruded foams
that are thermoplastic petrochemical materials utilizing a styrene monomer and
processed by any number of techniques including, but not limited to, fusion of
polymer spheres (expandable bead foam), injection molding, foam molding, and
extrusion-blown molding (extruded foam polystyrene).
Expanded polystyrene food service articles means plates, bowls, cups, containers,
lids, trays, coolers, ice chests, and all similar articles that consist of expanded
polystyrene.
Consultant agrees not to sell, use, provide food in, or offer the use of expanded
polystyrene food service articles in connection with fulfilling its obligations under this
Agreement. Moreover, Consultant agrees to include the prohibition of Expanded
polystyrene food service articles, as defined herein, in any contract between
Consultant and a subcontractor, independent contractor, vendor, supplier, sponsor or
any other individual or entity (collectively referred to herein as the Subcontractors),
executed in connection with Consultant's obligations under the terms of this
Agreement. A violation of this section shall be deemed a default under the terms
of this Agreement. This subsection shall not apply to expanded polystyrene food
service articles used for prepackaged food that have been filled and sealed prior to
receipt by the Consultant or Subcontractors.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
Y: RP 10RATED:
Ralael E. Granado, ity �.,n. i L i ayor
FOR CONSULTANT: ACT PRODUCTIONS, INC.
ATT
By: 14
Secretary Preside
. tip
X
Print Name Print Name
APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
12
City Affdmiey ,AtnK Date
Exhibit"A"
Scope of Services for Proiect(Services)
Planning
• Concept Planning, incorporating the concepts set forth in the attached Miami Beach
Centennial Preliminary Concept
• Outline an inclusive plan for the yearlong celebration
• Development and implementation of an Event Plan and detailed budget
• Work with City committee to provide ideas and recommendations for the
implementation
Marketing & Promotion
• Creation and implementation of effective marketing plans
• Design and production of marketing materials and other materials, as necessary.
• Marketing campaign must reach target audiences, with an emphasis on media
partnerships, leveraging existing City assets, local partnership, Out-of-Home (OOH)
ads and grassroots promotions.
• Manage with the City, any and all media coverage and PR opportunities.
Logistics
• Creation and implementation of an efficient staffing and logistics plans
• Vendor operations
• Recruitment and management of volunteers and temporary event staff
• Recruitment and coordination of programming partners
• Development of a signage plan and the production of signage
• Participate in all relevant meetings, conference calls and site visits.
• Staff(event directors and project managers) on site
Coordination of Events
• Major Birthday Event Planning & Coordination (March Event/s): The Consultant will
manage and produce every aspect of the entire concert project within the mutually
approved budget allocated and provided by the City. Consultants will finalize the
concept, details, budget, creative talent/performers, project timetable, ticketing and
merchant services and CAD graphics to present to the City for final approvals and
commencement of execution. The Consultant and City will meet regularly to provide
planning, updates and approvals going forward.
• Throughout the year, the Consultant shall work with City identified/approved/major
existing events and new events to conceive develop and deploy a Centennial
Celebration element to each event as deemed appropriate by the City. Shall provide
experienced staff (event directors and project managers) on site and to attend all
appropriate planning meetings to insure the City element is planned and executed to
best practice and standards.
Procurement & Financials
• Acts to procure for the City the highest quality in supplies and services at least
expense to the City.
• Tenders out to major event suppliers for Stages, tents, Lighting, Audio, and Decor
• Solicits and reviews bid submissions from major event suppliers
• Select and awards contracts to major event suppliers
13
• Send deposits to secure suppliers
• Ensures vendors are paid in full
• Submits financial reports and accounting on a monthly basis, with as much detail as
the City may require to substantiate the Services provided by Consultant
Sponsors
• Sponsorship outreach, including the creation and execution of a strategic outreach
plan.
• Act as liaison between sponsors and City.
• Ensure that all entitlements promised to sponsors are fulfilled.
• Coordinate production of all materials for sponsors and third party firms with the City
and/or outside companies.
• Identify strategic partners, including media, corporations, civic and cultural
organizations.
• Handle all immediate sponsor needs post-event and participate in all internal post-
event meetings and conference calls
Additional Scope Requirements
• Communicate on a regular, agreed upon schedule with the City on project
progress
• Maintain books and records of all revenues, cost, expenditures and expenses
incurred in the promotion and production of the Event and provide copies of these
records to the City
• Conduct, along with the City an after Event wrap-up meeting
• Provide a final, written narrative and financial report to the City
• The City, through its City Manager, shall retain oversight and approval of the final
Event, promotional themes, venue and entertainment, which approval shall be in
writing.
End of Project Deliverables
The Consultant shall provide an "End of Project" report as its last responsibility to the
project-geared to highlight the positives for the City of the Centennial Celebration.
The report shall endeavor to summarize the significance of the Centennial
Celebration and will develop a photographic history of the year-long project as well as
a written narrative to capture the year in review. The report shall also provide analysis
during the year-long Centennial Celebration on the number of visitors to the city, the
-wi media/PR ex osure to the City and the cost of the Centennial
amount of world-wide p y
Celebration with a preliminary and estimated statement of economic impact based on
industry standards for projection.
Miami Beach Centennial Documentary
The Consultant shall produce at a minimum a 10 minute digital documentary on the
Centennial Celebration (which the City as per Section 9 of the Agreement, shall be
the sole owner), as a record for the City of Miami Beach. The final report and digital
documentary will be submitted on or before December 31, 2015.
14
Exhibit"B"
Timeline& Deliverables
A. Master Planning: August 2014—October 2014
30% of Project Budget
i. Deliverable: Consultant shall develop a Master Plan for the Centennial
Celebration in order to develop and present to the City for approval, including
but not limited to a comprehensive calendar of events, marketing strategy,
production time table, preliminary budget, sponsorship strategy, public
relations campaign and social media strategy, event management process,
and event operations process, etc. Shall develop a timetable, marketing
strategy, budget, media/PR element, signage and staffing of the City elements
and parameters for each event. The Master Plan shall require the City's
written approval by the City Manager on or before October 31, 2014.
B. Event Period : November 2014— October 2015
50% of Project Budget
I Consultant shall commit no less than 100 hours per month to
i. Deliverables: Co p
Miami Beach Centennial Celebration. Consultant shall coordinate no less than
one (1) public event per month between November 2014 — October 2015.
Consultant shall document and submit monthly reporting and monitoring
evidence to include but not limited to financial statements, photos, event list,
meeting attended, time sheets, and any other reports and/or details as the
City deems reasonable to document performance of the Services, etc.
C. Close Out, Final Report, and submission of Documentary: November 2015 -
December 2015
20% of Project Budget
i. Deliverables: The Consultant shall provide an "End of Project" report that shall
endeavor to summarize the significance of the Centennial Celebration and will
develop a photographic history of the year-long project as well as a written
narrative to capture the year in review. The report shall also provide analysis
of the year-long Centennial Celebration to include but not limited to the
number of visitors to the city, the amount of media/PR exposure to the City,
and the total cost of the Centennial Celebration with a preliminary and
estimated statement of economic impact based on industry standards for
projection. The End of Project report shall be due on or before December 31,
2015.
ii. The Consultant shall produce and submit to the City at a minimum a 10
minute digital documentary on the Centennial Celebration (which the City as
per Section 9 of the Agreement, shall be the sole owner), as a record for the
City of Miami Beach, which documentary shall be due on or before December
31, 2015.
15
Project Budget
INITIAL COMMITTED BUDGET
Consultant Fee $262,500.00
Project Expenses $1,237,500.00
Total Project Budget $ 1,500,000.00
16
Exhibit"C"
Project Expenses
Talent & Casting Services Artists, Singers, Models, Comedians,
Dancers, DJs, Mc's, Casting company, etc
Marketing and Digital Services Marketing,Ad Design, Print, Website,
Social Media, etc
Personnel Production crew, Production Assistants,
Set Designer, General assistants, Hair&
Make-up,Dressers, Greeters,
Photographers, Prop Stylist, Light
technicians, Security, Camera crews,
Editors, etc
Equipment& Rental Lights, Towers, Truss, Sound, Music,
Microphones,Video, Projectors, Mixers,
Props, Special Effects, Tents, Stage,
Structures, Power distribution,Rigging
packages, Cameras, Tripods, Barricades,
Rest Rooms, Catering Services, etc
Construction Materials Flooring, Fabrics,Wood, Canvas, Paint,
Set Design, etc.
Locations Venues, Sites, Parks, etc
Transportation & Motor Tractors, ATVs, Fork Lifts, Golf Carts,
Vans, Limo, Pick-ups/Drop off etc.
Communication Phones,Walkie-talkies, Internet, Clear-
Coms, etc
Artist Travel & Accommodation Airlines, Hotel Rooms, Meals, Per Diems,
etc
17
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LO
MIAMiBEACH
OFFICE OF THE CITY MANAGER i
NO. LTC # 0 g&-ao1 N LE,ITER TO COMM,ISSION
To: Mayor Philip Levine and Members the City .,ommission
From: Jimmy L. Morales, City Manager
Date: March 17,.2014
Subject: REQUEST FOR QUALIFICATIO (RFQ) - EVENT PLANNING AND MARKETING
SERVICES
This Letter to Commission (LTC) is being provided pursuant to the action taken by the City
Commission on March 5, 2014, which directed the Administration to draft and issue a Request
for Qualifications (RFQ) for event planning and marketing services for the Miami Beach
Centennial. As directed, the scope of services in the attached RFQ was provided to the Mayor's
Office for review and the full RFQ is now being provided to you.
Please provide me with any comments you may have within three (3) business days as the RFQ
will be issued immediately following this period in an effort to award the contract at the April 23,
2014 City Commission meeting.
Please feel free to contact me with an questions.
Yq
JLM/K /
FAINFO\ ALL\ TC \LTC\Centennial RFQ LTC.docx
C: Kathie G. Brooks,Assistant City Manager
Alex Denis, Procurement Department Director
Max A. Sklar, Tourism, Culture, Economic Development Director
Raphael Granado, City Clerk
--� j-, .�
"71
.I
E "' FOR QUALIFICATIDNS -,(.RFQ
REQU;
2014-1 82-LR
11EVENTPLANNING AND MARKETING SERVICES
RFQ ISSUANCE:13 ATE.: :MARCH 1-9.,.201.4
'STATEMENTS OF-QUALIFICATIONS:D
U.Em APRIL ll,.2014@3:00'PM
ISSUED BY: LOURDES RODRIGUEZ
l./—A\M I vtqs" E A CH
:LOURDES RODRIGUEZ, PROCUREMENT COORDINATOR
DEPARTMENT Of PROCUREMENT MANAGEMENT
1700 Convention Center Drive, Miami Beach, FL 33139
305.673.7000 x 66-521 Fax: 786.3'94.4075 www.miamibeachfl.gov
MIAMIBEACH f
i
TABLE OF CONTENTS
SOLICITATION SECTIONS: PAGE
0100 NOT UTILIZED ........................................................................................................N/A
0200 INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS ...........................3
0300 SUBMITTAL INSTRUCTIONS & FORMAT ................................................................10
0400 EVALUATION PROCESS ..................... ................ ........
APPENDICES:
APPENDIX A RESPONSE CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS
APPENDIX B "NO BID" FORM
APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS
APPENDIX D SPECIAL CONDITIONS
APPENDIX F INSURANCE REQUIREMENTS
RFP 2014-182-LR 2
MIAM BEACH
SECTION 0200 INSTRUCTIONS TO RESPONDENTS&GENERAL CONDITIONS
i
1. GENERAL. This Request for Qualifications (RFQ) is issued by the City of Miami Beach, Florida(the"City"), as the
means for prospective Proposer to submit their qualifications, proposed scopes of work and cost Statement of
Qualifications (the "proposal") to the City for the City's consideration as an option in achieving the required scope of
services and requirements as noted herein. All documents released in connection with this solicitation, including all
appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and
are complementary to one another and together establish the complete terms, conditions and obligations of the
Proposer and, subsequently, the successful proposer(s) (the"contractor[s]") if this RFQ results in an award.
The City utilizes PublicPurchase (www,publicpurchase.com) for automatic notification of competitive solicitation
opportunities and document fulfillment, including the issuance of any addendum to this RFQ. Any prospective
proposer who has received this RFQ by any means other than through PublicPurchase must register immediately
with PublicPurchase to assure it receives any addendum issued to this RFQ. Failure to receive an addendum
may result in disqualification of proposal submitted.
2. PURPOSE.
The City of Miami Beach is seeking an qualified vendor to collaborate with the City in planning, managing, and
marketing the "Miami Beach Centennial Celebration". For the City's centennial which will occur on March 26, 2015,
the City envisions a celebration of Miami Beach's heritage that promotes awareness of our history and creates
lasting legacies as we move into the future. The City's desire is to host a year-long celebration of public events and
educational initiatives to celebrate Miami Beach's past, present and future. The celebrations will begin September
2014 and run through August 2015, with a major public event on the Centennial, March 26, 2015, The City may also
utilize services awarded pursuant to this solicitation for other City events as mutually agreed upon by the City and
Contractor.
3. SOLICITATION TIMETABLE. The tentative schedule for this solicitation is as follows:
Solicitation Issued March 19,2014
Pre-Submittal Meeting March 26, 2014
Deadline for Receipt of Questions April 4, 2014
Responses Due April 11, 2014
Evaluation Committee Review April 15, 2014
Proposer Presentations April 15, 2014
Tentative Commission Approval Authorizing April 23,2013
Negotiations
Contract Negotiations Following Commission Approval
RFP 2014-182-LR 3
5
OP MIAM BEACH
4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact named herein, in writing, with a copy to the City Clerk's Office, Rafael E. Granado via e-mail:
Rafael Gran ado rniamibeachfl:gov ; or facsimile: 786-394-4188, The Bid title/number shall be referenced on all
correspondence. All questions or requests for clarification must be received no later than seven (7) calendar days
prior to the date Statement of Qualifications are due as scheduled in Section 0200-3. All responses to
questions/clarifications will be sent to all prospective Proposer in the form of an addendum.
Procurement Contact: Telephone: Email:
Lourdes Rodriguez (305)673-7000 x 6652 lourdesrodriguez @miamibeachfl.gov
5. PRE-STATEMENTS OF QUALIFICATIONS MEETING OR SITE VISIT(S). Only if deemed necessary by the City,
a pre-proposal meeting or site visit(s) may be scheduled.
A Pre-PROPOSAL conference will be held as scheduled in Solicitation Timeline above at the following address:
City of Miami Beach
City Hall -4th Floor
City Manager's Large Conference Room
1700 Convention Center Drive
Miami Beach, Florida 33139
Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not
mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow
these steps:
(1) Dial the TELEPHONE NUMBER: 1-888-270-9936 (Toll-free North America)
(2) Enter the MEETING NUMBER: 1142644
Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this
RFP expressing their intent to participate via telephone.
6. PRE-STATEMENTS OF QUALIFICATIONS INTERPRETATIONS. Oral information or responses to questions
received by a prospective Proposer are not binding on the City and will be without legal effect, including any
information received at pre-submittal meeting or site visit(s). Only questions answered by written addenda will be
binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase.
7. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised
and until an award recommendation has been forwarded to the City Commission by the City Manager are under the
"Cone of Silence." The Cone of Silence ordinance is available at
http://library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida, Any communication or
inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the exception pf
communications with the Procurement Director, or his/her administrative staff responsible for administering the
procurement process for this solicitation providing said communication is limited to matters of process or procedure
regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the
Procurement Contact named herein with a copy to the City Clerk at RafaelGranado @miamibeachfl.gov.
RFP 2017-1 77-LR 4
MIAMI BEACH
8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following
ordinances/resolutions, which may be found on the City Of Miami Beach website:
http-f/Jweb..m is ,,ibeachfi. ov/procuremenVscroll.,aspx?id=2351,'0
• CONE OF SILENCE..................................................................... CITY CODE SECTION 2-486
• PROTEST PROCEDURES.................................I.....I.............1..1.,. CITY CODE SECTION 2-371
• DEBARMENT PROCEEDINGS,..... CITY CODE SECTIONS 2-397 THROUGH 2-485.3
• LOBBYIST REGISTRATION AND DISCLOSURE OF FEES.................. CITY CODE SECTIONS 2-481 THROUGH 2-406
• CAMPAIGN CONTRIBUTIONS BY VENDORS.............1.1.............,..... CITY CODE SECTION 2-487
• CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT
ISSUES.................................... ................................................. CITY CODE SECTION 2-488
• REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL
BENEFITS FOR DOMESTIC PARTNERS.......................................... CITY CODE SECTION 2-373
• LIVING WAGE REQUIREMENT...........................I....11.-. ..........11.11 CITY CODE SECTIONS 2-407 THROUGH 2-410
• LOCAL PREFERENCE FOR MIAMI BEACH-BASED VENDORS......... CITY CODE SECTION 2-372
• PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND
CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE-
DISABLED VETERAN BUSINESS ENTERPRISES............ ................ CITY CODE SECTION 2-374
• FALSE CLAIMS ORDINANCE......................................................... CITY CODE SECTION 70-300
• ACCEPTANCE OF GIFTS,FAVORS&SERVICES.............................. CITY CODE SECTION 2-449
9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF QUALIFICATIONS. The City reserves the right to
postpone the deadline for submittal of Statement of Qualifications and will make a reasonable effort to give at least
three (3) calendar days written notice of any such postponement to all prospective Proposers through
PublicPurchase.
10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the proposal
due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and
proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-
371 shall be barred.
11. MIAMI BEACH-BASED VENDORS PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011-3747,
a five (5) point preference will be given to a responsive and responsible Miami Beach-based proposer.
12. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011-
3748, the City shall give a five (5) point preference to a responsive and responsible proposer which is a small
business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise.
13. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section V, Evaluation of
Statement of Qualifications, will be considered by the City Manager who may recommend to the City Commission
the proposer(s) s/he deems to be in the best interest of the City or may recommend rejection of all Statement of
Qualifications. The City Manager's recommendation need not be consistent with the scoring results identified herein
and takes into consideration Miami Beach City Code Section 2-369, including the following considerations:
(1) The ability, capacity and skill of the proposer to perform the contract.
(2) Whether the proposer can perform the contract within the time specified, without delay or
interference.
(3) The character, integrity, reputation,judgment, experience and efficiency of the proposer.
(4) The quality of performance of previous contracts.
(5) The previous and existing compliance by the proposer with laws and ordinances relating to the
contract. '
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The City Commission shall consider the City Manager's recommendation and may approve such recommendation, t
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The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposer
(s) which it deems to be in the best interest of the City, or it may also reject all Statement of Qualifications, Upon
approval of selection by the City Commission, negotiations between the City and the selected Proposer(s) will take
place to arrive at a mutually acceptable Agreement, including cost of services.
14. ACCEPTANCE OR REJECTION OF RESPONSES. The City reserves the right to reject any or all Statement of
Qualifications prior to award. Reasonable efforts will be made to either award the Contract or reject all Statement of
Qualifications within one-hundred twenty (120) calendar days after Statement of Qualifications opening date. A
proposer may not withdraw its Statement of Qualifications unilaterally before the expiration of one hundred and
twenty (120)calendar days from the date of Statement of Qualifications opening.
15. PROPOSER'S RESPONSIBILITY. Before submitting a Statement of Qualifications, each Proposer shall be
solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to
ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions
and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the
Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract,
and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part
of the Proposer,
16. COSTS INCURRED BY RESPONDENTS. All expenses involved with the preparation and submission of
Statement of Qualifications, or any work performed in connection therewith, shall be the sole responsibility(and shall
be at the sole cost and expense) of the Proposer, and shall not be reimbursed by the City.
17. RELATIONSHIP TO THE CITY. It is the intent of the City, and Proposals hereby acknowledge and agree, that
the successful Proposer is considered to be an independent contractor, and that neither the Proposer , nor the
Proposer 's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or
agents of the City.
18.TAXES.The City of Miami Beach is exempt from all Federal Excise and State taxes.
19. MISTAKES. Proposals are expected to examine the terms, conditions, specifications, delivery schedules,
proposed pricing, and all instructions pertaining to the goods and services relative to this RFQ. Failure to do so will
be at the Proposer's risk and may result in the Statement of Qualifications being non-responsive.
20. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and
found to comply with contract, specifications, free of damage or defect, and are properly invoiced. Invoices must be
consistent with Purchase Order format.
21. PATENTS & ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach, Florida, and
its officers, employees, contractors, and/or agents, 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 proposer uses any
design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without
exception, that the proposal prices shall include all royalties or cost arising from the use of such design, device, or
materials in any way involved in the work.
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22. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner
and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of
knowledge or ignorance by the proposer with/of applicable laws will in no way be a cause for relief from
responsibility, Proposer agrees that the services provided shall be provided by employees that are educated,trained,
experienced, certified, and licensed in all areas encompassed within their designated duties, Proposer agrees to
furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently
required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all
licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force
and effect during the term of this contract, Failure of proposer to comply with this paragraph shall constitute a
material breach of this contract.
Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or
services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation
and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all
applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the
proposer, or its officers, employees, contractors, and/or agents,for failure to comply with applicable laws.
23. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and
Conditions shall have precedence.
24. ANTI-DISCRIMINATION. The proposer 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.
25. DEMONSTRATION OF COMPETENCY.
A. Pre-award inspection of the Proposer's facility may be made prior to the award of contract.
B. Statement of Qualifications will only be considered from firms which are regularly engaged in the business of
providing the goods and/or services as described in this solicitation,
C. Proposals must be able to demonstrate a good record of performance for a reasonable period of time, and
have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the
services if awarded a contract under the terms and conditions of this solicitation,
D. 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.
E. The City may consider any evidence available regarding the financial, technical, and other qualifications and
abilities of a proposer, including past performance (experience), in making an award that is in the best interest of
the City.
F. The City may require proposer s 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 supply to the City,
26. ASSIGNMENT. The successful proposer shall not assign, transfer, convey, sublet or otherwise dispose of the
contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to
any person, company or corporation, without the prior written consent of the City.
27. LAWS, PERMITS AND REGULATIONS. The proposer shall obtain and pay for all licenses, permits, and
inspection fees required to complete the work and shall comply with all applicable laws.
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28. OPTIONAL CONTRACT USAGE. When the successful proposer (s) is in agreement, other units of government
or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of
government or non-profit agency.
29. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods
and services specifically listed in this solicitation from the contractor. However, the City reserves the right to
purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis
through the City's spot market purchase provisions.
30. DISPUTES. In the event of a conflict between the documents, the order of priority of the documents shall be as
follows:
A. Any contract or agreement resulting from the award of this solicitation; then
B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then
C. The solicitation; then
D. The proposer's proposal in response to the solicitation.
31. INDEMNIFICATION. The contractor shall indemnify and hold harmless the City and its officers, employees,
agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of
defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims,
demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the
performance of the agreement by the contractor or its employees, agents, servants, partners, principals or
subcontractors. The contractor shall pay all claims and losses in connection therewith, and shall investigate and
defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate
proceedings, and shall pay all costs,judgments, and attorney's fees which may be incurred thereon. The contractor
expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided
by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or
its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall
survive the expiration or termination of this Agreement.
32. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the
stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been
awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by
the City and the contractor.
33. FLORIDA PUBLIC RECORDS LAW. Proposals are hereby notified that all Bid including, without limitation, any
and all information and documentation submitted therewith, are exempt from public records requirements under
Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides
notice of an intended decision or until thirty (30) days after opening of the proposals, whichever is earlier.
Additionally, Contractor agrees to be in full compliance with Florida Statute 119,0701 including, but not limited to,
agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public
agency in order to perform the services; (b) provide the public with access to public records on the same terms and
conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in
this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all
requirements for retaining public records and transfer, at no cost, to the public agency all public records in
possession of the contractor upon termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. All records stored electronically
must be provided to the public agency in a format that is compatible with the information technology systems of the
public agency.
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34. MODIFICATIONIWITHDRAWALS OF QUALIFICATIONS. A Proposer may submit a modified Statement of 6
Qualifications to replace all or any portion of a previously submitted Statement of Qualifications up until the
Statement of Qualifications due date and time. Modifications received after the Statement of Qualifications due date
and time will not be considered. Statement of Qualifications shall be irrevocable until contract award unless
withdrawn in writing prior to the Statement of Qualifications due date, or after expiration of 120 calendar days from
the opening of Statement of Qualifications without a contract award, Letters of withdrawal received after the
Statement of Qualifications due date and before said expiration date, and letters of withdrawal received after contract
award will not be considered.
35. EXCEPTIONS TO RFQ. Proposals must clearly indicate any exceptions they wish to take to any of the terms in
this RFQ and outline what if any, is being offered. All exceptions and alternatives shall be included and
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clearly delineated, in writing, in the Statement of Qualifications, The City, at its sole and absolute discretion, may
accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected,
the City shall require the Proposer to comply with the particular term and/or condition of the RFQ to which Proposer
took exception to (as said term and/or condition was originally set forth on the RFQ),
36. ACCEPTANCE OF GIFTS, FAVORS, SERVICES. Proposals 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
Statement of Qualifications. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept
any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties.
Balance of Page Intentionally Leff Blank
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SECTION 0300 SUBMITTAL INSTRUCTIONS AND FORMAT
1. SEALED RESPONSES. One original Statement of Qualifications (preferably in 3-ring binder) must be submitted
in an opaque, sealed envelope or container on or before the due date established for the receipt of proposals.
Additionally, ten (10) bound copies and one (1) electronic format (CD or USB format) are to be submitted. The
following information should be clearly marked on the face of the envelope or container in which the proposal is
submitted: solicitation number, solicitation title, proposer name, proposer return address, Statement of Qualifications
received electronically,either through email or facsimile, are not acceptable and will be rejected.
2. LATE BIDS. Statement of Qualifications are to be received on or before the due date established herein for the
receipt of Bids. Any Bid received after the deadline established for receipt of Statement of Qualifications will
be considered late and not be accepted or will be returned to proposer unopened. The City does not accept
responsibility for any delays, natural or otherwise.
3. STATEMENTS OF QUALIFICATIONS FORMAT. In order to maintain comparability, facilitate the review process
and assist the Evaluation Committee in review of Statement of Qualifications, it is strongly recommended that
Statement of Qualifications be organized and tabbed in accordance with the sections and manner specified below.
Hard copy submittal should be tabbed as enumerated below and contain a table of contents with page references.
Electronic copies should also be tabbed and contain a table of contents with page references. Statement of
Qualifications that do not include the required information will be deemed non-responsive and will not be considered.
1 : Cover Letter&Minimum Qualifications Requirements
1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for
the purposes of this solicitation.
1.2 Response Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully
completed and executed.
1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum
qualifications requirements established in Appendix C, Minimum Requirements and Specifications.
Ex erience&Qualifications
7andQproven ualifications of Proposing Firm.Submit detailed information regarding the firm's history and relevant experience
track record of providing the scope of services similar as identified in this solicitation, including experience in
providing similar scope of services to public sector agencies. For each project that the proposer submits as evidence of
similar experience, the following is required: project description, agency name, agency contact, contact telephone &
email,and year(s)and term of engagement.
2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used for
this project if awarded, the role that each team member will play in providing the services detailed herein and each team
members' qualifications. A resume of each individual, including education, experience, and any other pertinent
information, shall be included for each respondent team member to be assigned to this contract.
2.3 Financial Capacity. Each proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report
(SQR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of
the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the
Proposer.The Proposer shall request the SQR report from D&B at:
h fpsi./s!upp,li.erpoital:d.n'b:co i l webapp/wcslstoresfse:rvlet/Supplier;Po,rita'12storefd-1,1696
Proposals are responsible for the accuracy of the information contained in its SQR. It is highly recommended
that each proposer review the information contained in its SQR for accuracy prior to submittal to the City and as
early as possible in the solicitation process. For assistance with any portion of the SQR submittal process,
contact Dun&Bradstreet at 800-424-2495.
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FROMM Scope of Services Proposed
Submit detailed information outlining the scope of services that the proposer is proposing. For any scope
requirement identified in Appendix C, Minimum Requirements and Specifications, proposer is to clearly articulate
how the proposed solution satisfies the scope requirement, Proposers may offer complementary or related services
or solutions beyond the stated scope requirements.
Responses shall be in sufficient detail and include supporting documentation, as applicable, which will allow the
Evaluation Committee to complete a full review and score the proposed scope of services,
A pproach and Methodology
For each scope of service outlined in Tab 3, Scope of Services, submit detailed information on the approach and
methodology how proposer plans to accomplish the proposed scope of services, including detailed information, as
applicable, which addresses, but need not be limited to: implementation plan, project timeline, phasing options,
testing and risk mitigation options for assuring project is implemented on time and within budget,
Note: After proposal submittal, the City reserves the right to require additional information from Proposer (or
proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation
history, regulatory action, or additional references); and financial capability (including, but not limited to, annual
reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years),
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SECTION 0400 STATEMENTS OF QUALIFICATIONS EVALUATION
1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
Statement of Qualifications in accordance with the requirements set forth in the solicitation. If further information is
desired, Proposals may be requested to make additional written submissions of a clarifying nature or oral
presentations to the Evaluation Committee. The evaluation of Statement of Qualifications will proceed in a two-step
process as noted below, It is important to note that the Evaluation Committee will score the qualitative portions of the
Statement of Qualifications only, The Evaluation Committee does not make an award recommendation to the City
Manager. The results of Step 1 & Step 2 Evaluations will be forwarded to the City Manager who will utilize the results
to make a recommendation to the City Commission.
2. Step 1 Evaluation. The first step will consist of the qualitative criteria listed below to be considered by the
Evaluation Committee, The second step will consist of quantitative criteria established below to be added to the
Evaluation Committee results by the Department of Procurement Management. An Evaluation Committee, appointed
by the City Manager, shall meet to evaluate each Statement of Qualifications in accordance with the qualifications
criteria established below for Step 1, Qualitative Criteria, In doing so, the Evaluation Committee may;
• review and score all Statement of Qualifications received, with or without conducting interview
sessions; or
• review all Statement of Qualifications received and short-list one or more Proposer to be further
considered during subsequent interview session(s) (using the same criteria).
-p POilltS
Proposer Experience and Qualifications,including Financial Capability 50
Scope of Services Proposed 25
Approach and Methodology 25
POINTS TOTAL AVAILABLE STEP 1
3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposer may receive
additional quantitative criteria points to be added by the Department of Procurement Management to those points
earned in Step 1, as follows.
Quantitative Criteria
Miami Beach-Based Vendor Preference 5
Veterans Preference 5
POINTS TOTAL AV AILAB LE STEP 2
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5. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points
will be added to each evaluation committee member's scores by the Department of Procurement Management. Step
1 and 2 scores will be converted to rankings in accordance with the example below:
Proposer . .
Step 1
Points 82 76 80
Step 2
Points 22 15 12
-Committee Total 104 91 92
Member 1 Rank, 1 3 2
Step 1
Points 79 85 72
Step 2
Points 22 15 12
Committee Total 101 100 84
Member 2 Rank 1 2- 3
Step 1
Points 80 74 66
Step 2
Points 22 15 12
Comrniitee Total 102 89 78
Member 2 Rank 1 2- 3
Low Aggregate Score 3 7 s
* Final Ranking is presented to the City Manager for further due diligence and
recommendation to the City Commission. Final Ranking does not constitute
an award recommendation until such time as the City Manager has made his
recommendation to the City Commission, which may be different than final
ranking results.
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APPENDIX A
m MIAMI BEACH
Response Certification ,
Questionnaire &
Requirements Affidavit
201 4- 182-LR
EVENT PLANNING AND MARKETING
SERVICES
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive
Miami Beach, Florida 33139
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Solicitation No: Solicitation Title:
2014-182-LR Event Planning and Marketing Services
Procurement Contact: Tel: Email:
Lourdes Rodriguez 305.673.7000 x 6652 lourdesrodri uez miamibeachfl. ov
STATEMENTS OF QUALIFICATIONS CERTIFICATION, QUESTIONNAIRE&REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Response Certification, Questionnaire and Requirements Affidavit Form is to inform
prospective Proposals of certain solicitation and contractual requirements, and to collect necessary information from
Proposals in order that certain portions of responsiveness, responsibility and other determining factors and
compliance with requirements may be evaluated. This Statement of Qualifications Certification, Questionnaire
and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and
executed.
1. General Proposer Information,
FIRM NAME:
No of Years in Business: No of Years in Business Locally:
OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS:
FIRM PRIMARY ADDRESS(HEADQUARTERS):
CITY:
STATE: ZIP CODE:
TELEPHONE NO.:
TOLL FREE NO.:
FAX NO.:
FIRM LOCAL ADDRESS:
CITY:
STATE: ZIP CODE:
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
ACCOUNT REP TELEPHONE NO.:
ACCOUNT REP TOLL FREE NO.:
ACCOUNT REP EMAIL:
FEDERAL TAX IDENTIFICATION NO.:
The City reserves the right to seek additional information from proposer or other source(s), including but not limited to: any firm or principal
information, applicable licensure, resumes of relevant individuals,client information,financial information,or any information the City deems
necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements.
Miami Beach
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Appendix A—Page 1
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1, Miami Beach Based(Local)Vendor.Is proposer claiming Miami Beach based firm status?
YES 0 NO
SUBMITTAL REQUIREMENT: Proposals claiming Miami Beach vendor status shall submit a Business Tax Receipt issued by the
City of Miami Beach and the proof of residency requirement, as required pursuant to ordinance 2011-3747,to demonstrate that the
Proposer is a Miami Beach Based Vendor,
2. Veteran Owned Business.Is proposer claiming a veteran owned business status?
YES NO
SUBMITTAL REQUIREMENT: Proposals claiming veteran owned business status shall submit a documentation proving that firm
is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States
federal government,as required pursuant to ordinance 2011-3748.
3. Conflict Of Interest.All Proposals must disclose,in their Statement of Qualifications,the name(s)of any officer,director,agent,or
immediate family member(spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all
Proposals must disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%)percent or
more in the Proposer entity or any of its affiliates.
SUBMITTAL REQUIREMENT: Proposals must disclose the name(s) of any officer, director, agent, or immediate family member
(spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Proposals must also disclose the name of
any City employee who owns, either directly or indirectly,an interest of ten (10%)percent or more in the Proposer entity or any of
its affiliates
4. References&Past Performance.Proposer shall submit at least three(3)references for whom the proposer has completed work
similar in size and nature as the work referenced in solicitation.
SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact
Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided.
5. Suspension,Debarment or Contract Cancellation.Has proposer ever been debarred,suspended or other legal violation,or had
a contract cancelled due to non-performance by any public sector agency?
YES 0 NO
SUBMITTAL REQUIREMENT: If answer to above is"YES," Proposer shall submit a statement detailing the reasons that led to
action(s).
6. Vendor Campaign Contributions. Proposals are expected to be or become familiar with, the City's Campaign Finance Reform
laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposals shall be solely responsible for ensuring that all
applicable provisions of the City's Campaign Finance Reform laws are complied with,and shall be subject to any and all sanctions,
as prescribed therein,including disqualification of their Statement of Qualifications,in the event of such non-compliance.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling
financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not
each individual or entity has 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.
7. Code of Business Ethics. Pursuant to City Resolution No.2000-23879,each person or entity that seeks to do business with the
o proposal/response
City shall ad pt a Code of Business Ethics( Code)and submit that Code to the Procurement Division with its
or within five(5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable
governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of
Miami Beach and Miami Dade County.
SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business
Ethics,proposer may submit a statement indicating that it will adopt,as required in the ordinance,the City of Miami Beach Code of
Ethics, available at www.miamibeachfl,gov/procurement/.
Miami Beach
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Appendix A—Page 2
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8. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, Proposer
shall be required to pay all employees who provide services pursuant to this Agreement,the hourly living wage rates listed below:
• Commencing with City fiscal year 2012-13(October 1,2012),the hourly living rate will be$11.28/hr with health
benefits,and$12.92/hr without benefits.
The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation
using the Consumer Price Index for all Urban Consumers(CPI-U)Miami/Ft. Lauderdale,issued by the U.S. Department of Labor's
Bureau of Labor Statistics. Notwithstanding the preceding,no annual index shall exceed three percent(3%).The City may also,by
resolution,elect not to index the living wage rate in any particular year,if it determines it would not be fiscally sound to implement '
same(in a particular year).
Proposals'failure to comply with this provision shall be deemed a material breach under this proposal, under which the City may,
at its sole option,immediately deem said proposer as non-responsive,and may further subject proposer to additional penalties and
fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is
available at www.mlam!beachfl.gov/procurement/.
SUBMITTAL REQUIREMENT:No additional submittal is required.By virtue of executing this affidavit document,Proposer agrees
to the living wage requirement.
9. Equal Benefits for Employees with Spouses and Employees with Domestic Partners.When awarding competitively solicited
contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more
calendar work weeks,the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business
with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide"Equal Benefits"to their
employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a
Contractor who work within the City limits of the City of Miami Beach,Florida;and the Contractor's employees located in the United
States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami
Beach.
A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees?
YES 0 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?
0 YES NO
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 Firm Provides for Firm Provides for Firm does not
Employees with Employees with Provide Benefit
Spouses Domestic Partners
Health
Sick Leave
Family Medical Leave
Bereavement Leave
If Proposer cannot offer a benefit to domestic partners 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 and submit a completed Reasonable Measures Application
(attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the City
Manager,or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal
Benefits requirement is available at www.miamlbeachfl.gov/procuremenY.
Miami Beach
RFP 2014-182-LR
Appendix A—Page 3
10. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,states that a
person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit
a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal,
proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit
proposals, Statement of Qualifications,or replies on leases of real property to a public entity;may not be awarded or perform work !
as a contractor, supplier, subcontractor, or consultant under a contract with any public entity;and may not transact business with
any public entity in excess of the threshold amount provided in s. 387.047 for CATEGORY TWO for a period of 36 months
following the date of being placed on the convicted vendor list.
SUBMITTAL REQUIREMENT:No additional submittal is required. By virtue of executing this affidavit document,proposer agrees
with the requirements of Section 287.133,Florida Statutes,and certifies it has not been placed on convicted vendor list.
11. Acknowledgement of Addendum. After Issuance of solicitation, the City may release one or more addendum to the solicitation
which may provide additional information to Proposer or alter solicitation requirements.The City will strive to reach every Proposer
having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposals are solely
responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of
Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure
to obtain and acknowledge receipt of all addendum may result in proposal disqualification.
Initial to Confirm Initial to Confirm Initial to Confirm
Receipt Receipt Receipt
Addendum 1 Addendum 6 Addendum 11
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
If additional confirmation of addendum is required,submit under separate cover.
Miami Beach
RFP 2014-182-LR
Appendix A—Page 4
DISCLOSURE ► 1 DISCLAIMER SECTION '
The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the"City")for the recipient's convenience.
Any action taken by the City in response to Statement of Qualifications made pursuant to this solicitation,or in making any award,or in failing
or refusing to make any award pursuant to such Statement of Qualifications, or in cancelling awards, or in withdrawing or cancelling this
solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City.
In its sole discretion,the City may withdraw the solicitation either before or after receiving Statement of Qualifications,may accept or reject
Statement of Qualifications,and may accept Statement of Qualifications which deviate from the solicitation,as it deems appropriate and in its
best interest. In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Statement of
Qualifications in response to this solicitation.
Following submission of Statement of Qualifications, the applicant agrees to deliver such further details, information and assurances,
including financial and disclosure data, relating to the Statement of Qualifications and the applicant including, without limitation, the
applicant's affiliates,officers,directors,shareholders,partners and employees,as requested by the City in its discretion.
The information contained herein is provided solely for the convenience of prospective Proposals. It is the responsibility of the recipient to
assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any
information in this solicitation.
Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipient's own risk. Proposals should
rely exclusively on their own investigations,interpretations,and analyses.The solicitation is being provided by the City without any warranty
or representation,express or implied,as to its content,its accuracy,or its completeness. No warranty or representation is made by the City
or its agents that any Statement of Qualifications conforming to these requirements will be selected for consideration, negotiation, or
approval.
The City hall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be
Y 9 Y P P
made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer,is totally
relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Statement of Qualifications submitted to the City
pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Statement of Qualifications.
This solicitation is made subject,to correction of errors, omissions,or withdrawal from the market without notice. Information is for guidance
only,and does not constitute all or any part of an agreement.
The City and all Proposals will be bound only as, if and when a Statement of Qualifications,as same may be modified, and the applicable
definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant.to the terms of the definitive
agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason,or for no
reason,without any resultant liability to the City.
The City is governed by the Government-in-the-Sunshine Law, and all Statement of Qualifications and supporting documents shall be
subject to disclosure as required by such law. All Statement of Qualifications shall be submitted in sealed proposal form and shall remain
confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all
documents received by the City shall become public records.
Proposals are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Statement of
Qualifications,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to
substantiate or supplement information contained in the Statement of Qualifications, and authorizes the release to the City of any and all
Information sought in such inquiry or investigation. Each Proposer certifies that the information contained In the Statement of Qualifications
is true,accurate and complete,to the best of its knowledge,information,and belief.
Notwithstanding the foregoing or anything contained in the solicitation,all Proposals agree that in the event of a final unappealable judgment
by a court of competent jurisdiction which imposes,on the City any liability arising out of this solicitation, or any response thereto, or any
action or inaction by the City with respect thereto,such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages.The
previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which
imposes no liability on the City.
In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that
the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be
governed by and construed in accordance with the laws of the State of Florida.
Miami Beach
RFP 2014-182-LR
Appendix A—Page 5
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PROPOSER , •
1 hereby certify that: 1, as an authorized agent of the Proposer , am submitting the following information as my firm's
proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document,
inclusive of this solicitation,all attachments, exhibits and appendices and the contents of any Addenda released hereto,
and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and
conditions contained in the solicitation, and any released Addenda and understand that the following are requirements
of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged,
discussed, or compared the proposal with other Proposals and has not colluded with any other proposer or party to any
other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by
the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal,
inclusive of the Statement of Qualifications Certification, Questionnaire and Requirements Affidavit are true and
accurate.
Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative:
Signature of Proposer's Authorized Representative: Date:
State of FLORIDA ) On this day of ,20_,personally
appeared before me who
County of ) stated that (s)he is the
of , a corporation, and that the instrument was signed in behalf of
the said corporation by authority of its board of directors and acknowledged said
instrument to be its voluntary act and deed. Before me:
Notary Public for the State of
My Commission Expires;
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Miami Beach
RFP 2014-182-LR
Appendix A—Page 6
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APPENDIX B
M I AM I 2B""k EAC H
No Bid Form
2014- 182-LR
EVENT PLANNING AND MARKETING
SERVICES
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive
Miami Beach, Florida 33139
• important • • ndors • • • • • • of
this solicitation • have decided • to respond, • complete • • submit
the • • °• • ' • • Bid." • ° • • Bid" • • •°
Failure the City with. in
1. formation on how fo improve the 'solicitotion process,'I;
• submit • "Statement of • i • may result in not being notified
of future solicitations
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Statement of No Bid
WE HAVE ELECTED NOT TO SUBMIT A STATEMENTS OF QUALIFICATIONS AT
THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW:
Workload does not allow us to proposal
Insufficient time to respond
Specifications unclear or too restrictive
Unable to meet specifications
Unable to meet service requirements
Unable to meet insurance requirements
Do not offer this product/service
OTHER. (Please specify)
We do—do not_want to be retained on your mailing list for future proposals
of this type product and/or service.
Signature:
Title:
Legal Company Name:
Note: Failure to respond, either by submitting a proposal or this completed form,
may result in your company being removed from our vendors list.
PLEASE RETURN TO:
CITY OF MIAMI BEACH
DEPT. OF PROCUREMENT MANAGEMENT
ATTN: Lourdes Rodriguez
STATEMENTS OF QUALIFICATIONS#2014-182-LR
1700 Convention Center Drive
MIAMI BEACH, FL 33139
Miami Beach
RFP 2014-182-LR
Appendix B—Page 1
i
APPENDIX C
m MIAMI BEACH
Minimum Requirements
& Specifications
2014- 182-LR
EVENT PLANNING AND MARKETING
SERVICES
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive
Miami Beach, Florida 33139
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C1. Minimum Requirements. The Minimum Eligibility Requirements for this solicitation are listed below.
Proposer shall submit detailed verifiable information affirmatively documenting compliance with each
minimum requirement. Proposals that fail to comply with minimum requirements will be deemed non-
responsive and will not be considered. Detailed responses documenting compliance with minimum
requirements shall be provided in Tab 1 of Proposal response. ;
1. Proposers shall exhibit considerable relevant experience with this type of work, and should
emphasize experience, capability to meet a required schedule, and capability of the particular
Principal and personnel who will actually perform the work.
Relevant experience shall be documented by a list of related projects conducted in the last five
(5) years of similar size and scope from the Proposer, and at least five (5) similar events from
principal who will be assigned the City's Event. The list(s)shall include: name of client, client
contact information, (stated below under references), date of Event, examples of marketing
materials and overall cost of Event.
C2. Statement of Work Required.
The successful proposer will outline an inclusive plan for the yearlong celebration that includes but is not
limited to:
Planning
• Concept Planning
• Development and implementation of an Event Plan and detailed budget
• Work with City committee to provide ideas and recommendations for the implementation
Marketing &Promotion
• Creation and implementation of effective marketing plans
• Design and production of marketing materials and other materials,as necessary.
• Marketing campaign must reach target audiences, with an emphasis on media partnerships,
leveraging existing City assets, local partnerships, Out-of-Home (OOH) ads and grassroots
promotions.
Logistics
• Creation and implementation of an efficient staffing and logistics plans
• Vendor operations
• Recruitment and management of volunteers and temporary event staff
• Recruitment and coordination of programming partners
• Development of a signage plan and the production of signage
• Participate in all relevant meetings,conference calls and site visits.
Sponsors
• Sponsorship outreach, including the creation and execution of a strategic outreach plan.
• Act as liaison between sponsors and City.
• Ensure that all entitlements promised to sponsors are fulfilled.
• Coordinate production of all materials for sponsors and third party firms with the City and/or outside
companies.
• Identify strategic partners, including media,corporations,civic and cultural organizations.
• Handle all immediate sponsor needs post-event and participate in all internal post-event meetings
and conference calls
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Additional Scope Requirements:
At a minimum,the successful firm shall be required to provide the following:
• Communicate on a regular,agreed upon schedule with the City on project progress
• Maintain books and records of all revenues, cost, expenditures and expenses incurred in the
promotion and production of the Event and provide copies of these records to the City
• Conduct,along with the City an after Event wrap-up meeting
• Provide a final,written narrative and financial report to the City
• The City shall retain oversight and approval of the final Event, promotional themes,venue and
entertainment
MIAMI BEACH CENTENNIAL PRELIMINARY CONCEPT
The City has outlined some concepts to be included in the celebration:
HISTORIC INITIATIVES
Work with a professional historian to implement programs that raise awareness of the City's history to
appeal to diverse age groups and sectors of the community to ensure that the Centennial reached a vast
and broad audience.
1. Centennial Exhibits
In an effort to highlight snapshots of the City's past,exhibits featuring Miami Beach's history can be
circulated throughout our community. Portable exhibits comprised of text and photos displayed at
various events and public facilities, including local parks and libraries.
2. Park Plaques
While residents and visitors regularly utilize City parks, very few know the origin of the park name.
The Park Plaque project can involve producing and installing bronze plaques that featured brief
biographies of the individuals for whom the parks are named.
3. Speakers Bureau Program
To raise awareness of local history, presentations can be developed on the following topics, "Miami
Beach: A Brief History," "Miami Beach: 100 Years Ago," and "Miami Beach: The Next 100 Years."
Throughout the year, a group of trained volunteers can give free historic presentations to local
community groups and organizations and Homeowner Associations. To accommodate a multitude
of locations and audiences, a "low-tech" version of the presentation can also be delivered strictly
with enlarged,mounted photos.
4. State Heritage Markers
Miami Beach is home to numerous historically significant sites and events. The City can apply to
the Florida Department of State, Division of Historical Resources, for heritage markers to
commemorate specific locations and milestones.
5. Traveling Trunks
Reaching out to future generations is of great importance throughout the Centennial. With a
special focus on captivating school children, the Centennial historian can develop a collection of
replica artifacts to be placed in a portable "trunk" and made available to local schools to provide
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students with an opportunity to receive a hands-on educational experience while learning about
local history.
6. In-School Arts Education
The City is already contracted with Arts 4 Learning(A4L)to provide in-school curriculum based arts
education programs and after-school art classes. The City will work with A4L to tie the
programming to the City's Centennial in order to raise awareness of our local history.
7. Virtual Miami Beach Museum
Although MDPL is developing an Art Deco Museum, the City does not currently have a museum
dedicated to preserving the City's history. A component of the City's Centennial could be the
creation and launch of a website that celebrates and honors the City's rich history using archives
already of the City and other institutions.
PUBLIC EVENTS
1. City Events
Creating a series of exciting public events with a variety of themes, formats and locations to
celebrate and maintain momentum throughout the entire year. The year-long series of events will
begin October 2014 with a public Centennial Celebration kick-off and concluded in August 2015. A
major public celebration will occur on Thursday, March 26, 2015. The City also schedule a
Centennial Eve Celebration in connection with the monthly food truck event in North Beach,
2. Sanctioned Events
To maximize community engagement, local groups and organizations can be encouraged to
register their events with the City to become a"Centennial Sanctioned Event." Sanctioned events
can be provided the Centennial Celebration Logo and other material to incorporate the centennial
theme, and in turn promoted on the City website and given permission to include the City
Centennial logo on their promotional event materials.
3. Birthday Event—March 26, 2015
To include a pop/rock concert,outdoor performance/installation and giant birthday cake. This night
should be a big party for residents with birthday presents for all. Fireworks at the end of the night.
COMMUNITY ENHANCEMENT PROJECTS
In addition to the numerous historic initiatives and public events, a variety of community projects could be
conceived to enhance neighborhoods and leave lasting legacies for future generations. Projects could
include a public art project, original commemorative poster and t-shirt that capture the past century of Miami
Beach's history and/or creation of unique, permanent art installation at each school in the City.
1. Visual Memoirs Project
To generate excitement for the Centennial Celebration, the City can partner with the Miami Beach
Visitor and Convention Authority and Miami Design Preservation League to utilize the Miami Beach
Visual Memoirs Project and circulate it around Miami Beach, MDPL in partnership with Close-Up
Productions recorded the memoirs of the City of Miami Beach through the stories of people who
have been a part of the City's history.
These interviews have been combined and edited to create a museum installation. The full-length
interviews are part of an audio-visual archive that will continue to expand as more interviews are
conducted, Also during the project's, an educational video aimed at middle school students will be
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created from the interviews collected. MDPL and Close-Up Productions will develop a lesson plan
and teacher guide that is complimentary to existing curriculum requirements for the middle school
a
years.
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The videos can also be posted on the City Centennial website and made available to the public on
CD. The video can be shown on Channel 77, on the City's website and at SoundScape Park '
regularly throughout the Centennial year-long celebration.
2. Marketing
An extensive marketing and advertising program will be developed to promote the yearlong
celebration to the local community and to promote the Centennial nationally to raise awareness
and attract visitors to participate in the events. Marketing campaign must reach target audiences,
with an emphasis on media partnerships, leveraging existing City assets, local partnerships, Out-
of-Home(OOH)ads and grassroots promotions.
3, Centennial Logo Sign
Similar to what the City of Fort Lauderdale did, Miami Beach could create an iconic large scale
replica of the City's Centennial logo to be erected at an agreed upon location. The sign can be
illuminated in an official ceremony and remain as a focal point throughout year. The display would
likely become a tremendous resident and tourist attraction that brands the City's 100th Birthday.
Replicas of the Centennial Logo could also be installed at all entrances to City and at the Lummus
Park Clock.
4. Historical Images
Super graphics of historical photos from each century could be produced and displayed on
buildings throughout the City.
ADDITIONAL SERVICES
The City may, upon mutual agreement of Contractor, engage contractor for projects beyond the Miami
Beach Centennial project. In doing so,the City will negotiate scope of services and costs with Contractor.
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APPENDIX D I'
m MIAMI BEACH
Special Conditions &
Sample Agreement
2014- 182-LR
EVENT PLANNING AND MARKETING
SERVICES
DEPARTMENT OF PROCUREMENT MANAGEMENT
700 Convention Center Drive
Miami Beach, Florida 33139
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1. TERM OF CONTRACT. The contract shall commence upon the date of notice of award and
shall be effective for a period of two (2)years.
2. OPTIONS TO RENEW. The City, through its City Manager, will have the option to extend for
three (3) additional one (1) year periods.
APPENDIX E
Miami Beach
RFP 2014-182-LR
Appendix D—Page 1
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m MIAMI BEACH
Insurance Requirements
2014- 182-LR
EVENT PLANNING AND MARKETING
SERVICES
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive
Miami Beach, Florida 33139
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MIAMI BEACH
INSURANCE REQUIREMENTS
This document sets forth the minimum levels of insurance that the contractor is required to
maintain throughout the term of the contract and any renewal periods.
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 proposal number and title
The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject
to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable
Statutes.
Miaml Beach
RFP 2014-182-LR
Appendix F—Page 1
1
RESOLUTION NO. 2014-28661
IA RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS,
PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2014-182-LR, FOR
EVENT PLANNING AND MARKETING SERVICES FOR THE CITY'S
CENTENNIAL CELEBRATION; AUTHORIZING THE ADMINISTRATION TO
ENTER INTO NEGOTIATIONS WITH THE TOP RANKED PROPOSER, ACT
PRODUCTIONS, INC.; AND SHOULD THE ADMINISTRATION NOT BE
SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE TOP-RANKED
PROPOSER, AUTHORIZING NEGOTIATIONS WITH THE SECOND-RANKED
PROPOSER, LOGISTIC MANAGEMENT GROUP; AND SHOUD THE
ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN
AGREEMENT WITH THE SECOND-RANKED PROPOSER, AUTHORIZING
NEGOTATIONS WITH THE THIRD-RANKED PROPOSER, ENGINE SHOP
LLC; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT UPON COMPLETION OF SUCCESSFUL
NEGOTIATIONS BY THE ADMINISTRATION.
WHEREAS, Request for Qualifications (RFQ) No. 2014-182-LR was issued on March
20, 2014, with an opening date of April 21, 2014; and
WHEREAS, a pre-proposal conference was held on March 26, 2014; and
WHEREAS, the City received six (6) proposals; and
WHEREAS, on March 28, 2014, the City Manager, via Letter to Commission (LTC) No.
097-2014, appointed an Evaluation Committee (the "Committee") consisting of the following
individuals:
• Pauline Winick, Miami Beach Resident and former Executive Vice President of
the Miami Heat
• Frankie Ruiz, Chief Running Officer, Life Time Athletic Events (Miami Marathon)
• Robert Goodman, President, Garber& Goodman Advertising, Inc.
• Michel Vega, William Morris Entertainment
• Ana Cecilia Velasco, Executive Vice President and Chief Operating Officer,
Miami Beach Chamber of Commerce
The following individuals were appointed as alternates:
• Gary Farmer, Cultural Affairs Program Manager, City of Miami Beach
• Victoria Rodgers, New World Symphony
• Jaie Laplante, Executive Director, Miami International Film Festival
WHEREAS, the Committee convened on May 1, 2014, however, of the five (5) available
Committee members and two (2) alternates, only three (3) Committee members were available
on the day the evaluation meeting was scheduled; and
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WHEREAS, because of the desire to expedite the award pursuant to the RFQ so that
the centennial planning could begin, and given that a quorum was established with three (3) of
the five (5) committee members present, the evaluation of proposals proceeded; and
WHEREAS, on May 6, 2014, following the evaluation of proposals, one (1) of the three
(3) Committee members reported a possible conflict of interest; and
WHEREAS, in an abundance of caution, the participation by the Committee member
reporting the possible conflict was disqualified, reducing the voting committee members to two
(2), which was not sufficient to carry a quorum, thereby resulting in the disqualification of the
evaluation process held on May 1, 2014; and
WHEREAS, On May 28, 2014, the City Manager, via Letter to Commission (LTC) No.
176-2014, appointed a new Evaluation Committee (the "Committee") consisting of the following
individuals:
• Seth Bramson, Historian and Professor
• Sheila Duffy-Lehrman, Chief Operating Officer, Tropic Survival Advertising &
Marketing
• Robert Goodman, President, Garber& Goodman Advertising, Inc.
• Cheryl Jacobs, Executive Vice President, Miami Center for Architecture and
Design
• Jaie Laplante, Executive Director, Miami International Film Festival
• Reagan Pace, Chairperson, Centennial Committee
f • Frank Trullenque, Chairperson, Hispanic Affairs Committee
The following individuals were appointed as alternates:
Ga ry Farmer Cultural Affairs Program Manager, City
of Miami Beach
• Victoria Rodgers, New World Symphony
WHEREAS, the Committee convened on June 16, 2014, to consider the proposals
received; and
WHEREAS, the Committee was provided an overview of the project; information relative
to the City's Cone of Silence Ordinance and the Government Sunshine Law; general information
on the scope of services, references, and a copy of each proposal; and engaged in a question
of each proposer; and
and answer session after the presentation ,
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WHEREAS, the Committee was instructed to score and rank each proposal pursuant to
the evaluation criteria established in the RFQ; and
WHEREAS, the Committee's ranking was as follows: ACT Productions, Inc., top ranked;
Logistic Management Group, second highest ranked; Engine Shop LLC, third highest ranked;
Siinc Agency, fourth highest ranked; Advanced Concert Productions, fifth highest ranked; and
Diversified Production Services, sixth highest ranked; and
WHEREAS, after reviewing all the submissions and the Evaluation Committee's and
rankings, the City Manager exercised his due diligence and is recommending that the
Administration be authorized to enter into negotiations with the top-ranked firm, ACT
Productions and should the Administration not be successful in negotiating an agreement with
the top-ranked proposer, authorizing negotiations with the second-ranked proposer, Logistic
Management Group; and should the administration not be successful in negotiating an
agreement with the second-ranked proposer, authorizing negotiations with the third-ranked
proposer, Engine Shop LLC;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager pertaining to the ranking
of proposals, pursuant to Request for Qualifications No. 2014-182-LR (the RFQ), for Event
Planning and Marketing Services for the Centennial Celebration; and authorize the
Administration to enter into negotiations with the top ranked proposer, ACT Productions, Inc.;
and should the Administration not be successful in negotiating an agreement with the top-
ranked proposer, authorizing negotiations with the second-ranked proposer, Logistic
Management Group; and should the administration not be successful in negotiating an
agreement with the second-ranked proposer, authorizing negotiations with the third-ranked
proposer, Engine Shop LLC; and further authorize the Mayor and City Clerk to execute an
Agreement upon conclusion of successful negotiations by the Administration.
PASSED AND ADOPTED this o?3 day of 2014.
ATTEST:
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T(Agenda'126141Ju1y131'Precurement5RFP2C14.182 LREvent PlanningandMarketing ServiceslResolirtionldoc
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The
Recommendation Of The City Manager Pertaining To The Ranking Of Proposals, Pursuant To Request For
Proposals (RFP) No. 2014-182-LR, For Event Planning And Marketing Services For City's Centennial
Celebration.
Key Intended Outcome Supported:
Supporting Data Surveys, Environmental Scan, etc: N/A
Item Summary/Recommendation:
On March 5,2014,the Mayor and City Commission directed the Administration to draft and issue a Request
for Qualifications (RFQ)for event planning and marketing services for the Miami Beach's Centennial. As
directed,the scope of services was provided to the Mayor's Office for review and the full RFQ was provided
to the Mayor and City Commissioners via LTC#086-2014 on March 17, 2014. The RFQ was issued on
March 20, 2014.
On March 28, 2014, the City Manager, via Letter to Commission (LTC) No. 097-2014, appointed an
Evaluation Committee (the"Committee"). On May 1, 2014, the evaluation committee convened to score
proposals received. However,on May 6,2014,following the evaluation of proposals,one(1)of the three(3)
Committee members reported a possible conflict of interest. In an abundance of caution,the participation by
the Committee member reporting the possible conflict has been disqualified. As a result, the evaluation
process was also be disqualified because a quorum no longer existed which resulted in an invalidation of the
evaluation process held on May 1, 2014. After consulting with the City Attorney's office,the Administration
decided to reconvene a new evaluation committee to evaluate proposals received.
On May 28, 2014, the City Manager, via Letter to Commission (LTC) No. 176-2014, appointed a new
Evaluation Committee (the "Committee"). The Committee convened on June 16, 2014, to consider
proposals received. The Committee was provided an overview of the project, information relative to the
Cone of Silence Ordinance and the Government in the Sunshine Law. The Committee was also provided
general information on the scope of services, references and a copy of each proposal. The results of the
evaluation process were presented to the City Manager for his review and recommendation to the City
Commission.
CITY MANAGER'S DUE DILIGENCE/RECOMMENDATION
After reviewing all the submissions and the Evaluation Committee's ranking of proposals received,the City
Manager exercised his due diligence and is recommending that the Mayor and City Commission accept the
recommendation of the City Manager pertaining to the ranking of proposals, pursuant to Request for
Qualifications (RFP) No. 2014-182, Event Planning and Marketing Service for the City's Centennial
celebration, and authorize the administration to enter into negotiations with the top-ranked firm, ACT
Productions, Inc., and should the Administration not be successful in negotiating an agreement with the top-
ranked proposer, authorizing negotiations with the second-ranked proposer, Logistic Management Group;
and should the administration not be successful in negotiating an agreement with the second-ranked
proposer,authorizing negotiations with the third-ranked proposer, Engine Shop LLC;and further authorize
the City Manager to execute an agreement upon conclusion of successful negotiations by the Administration.
ADOPT THE RESOLUTION
Advisory Board Recommendation:
Financial Information:
Source of Amount Account
Funds: N/A
OBPI Total $
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Alex Denis, Extension 6641
Sign-Offs:
Pepartment Director Assis City r City JaWper
'Jt A MS KG MT JLM
T:1AG IT DA12014July231RFP 2014-182-LR Ev nt Plan nin arketing Services-Summ y.doc
AGENDA ITEM L' ?
MiAMIBEACH DATE
1
I
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,
www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City C mmission
FROM: Jimmy L. Morales, City Manager
DATE: July 23, 2014 .
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2014-
182-LR, FOR EVENT PLANNING AND MARKETING FOR THE CITY'S i
CENTENNIAL CELEBRATION. f
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
FUNDING
Funding is subject to appropriation by the City Commission.
BACKGROUND
The City of Miami Beach issued a Request for Qualifications for a vendor to collaborate with
the City in planning, managing, and marketing the "Miami Beach Centennial Celebration" on
March 26, 2015. The City envisions a celebration of Miami Beach's heritage that promotes
awareness of our history and creates lasting legacies as we move into the future. The City's
desire is to host a year-long celebration of public events and educational initiatives to
celebrate Miami Beach's past, present and future. The celebrations will begin September
2014 and run through August 2015, with a major public event on the Centennial, March 26,
2015. The City may also utilize services awarded pursuant to this solicitation for other City
events as mutually agreed upon by the City and Contractor.
RFP PROCESS
On March 5, 2014, the Mayor and City Commission directed the Administration to draft and
issue a Request for Qualifications (RFQ) for event planning and marketing services for the
Miami Beach's Centennial. As directed, the scope of services was provided to the Mayor's
Office for review and the full RFQ was provided to the Mayor and City Commissioners via LTC
#086-2014 on March 17, 2014. On March 20, 2014, the RFQ was issued, with an opening
j date of April 21, 2014. A pre-proposal conference to provide information to the prospective
proposers was held on March 26, 2014. Twenty (20) prospective proposers downloaded the
solicitation from Public Purchase. Additionally, the Department of Procurement Management
notified sixteen (16) additional firms via e-mail, which resulted in the receipt of proposals from
the following six (6)firms.
• ACT Productions, Inc.
• Advanced Concert Productions
• Diversified Product Services
• Engine Shop LLC
• Logistics Management Group
i
f
Commission Memorandum—RFQ 2014-182-LR Event Planning and Marketing Services
July 23,2014
Page 2
• Siinc Agency
On March 28, 2014, the City Manager, via Letter to Commission (LTC) No. 097-2014,
appointed an Evaluation Committee (the "Committee"). The following individuals participated
on the Evaluation Committee: Frankie Ruiz, Michel Vega and Ana Cecilia Velasco. Pauline
Winick was not able to serve, and Robert Goodman, Gary Farmer, Victoria Rodgers and Jaie
Laplante were unable to attend due to scheduling conflicts.
On May 1, 2014, the evaluation of proposals was scheduled to be held by the Evaluation
Committee, noticed to the City Commission via LTC#097-2014. However, of the five (5)
Committee members and two (2) alternates, only three (3) Committee members were
available on the day the evaluation meeting was scheduled. Because of the desire to expedite
the award pursuant to the RFQ so that the centennial planning could begin and, given that a
quorum was established with three (3) of the five (5) committee members present, the
evaluation of proposals proceeded.
However, on May 6, 2014, following the evaluation of proposals_, one (1) of the three (3)
Committee members reported a possible conflict of interest. In an abundance of caution, the
participation by the Committee member reporting the possible conflict has been disqualified.
As a result, the evaluation process was also be disqualified because a quorum no longer
existed which resulted in an invalidation of the evaluation process held on May 1, 2014. After
consulting with the City Attorney's office, the Administration decided to reconvene a new
evaluation committee to evaluate proposals received.
On May 28, 2014, the City Manager, via Letter to Commission (LTC) No. 176-2014, appointed
a new Evaluation Committee (the "Committee"). The following individuals participated in the
Evaluation Committee: Seth Bramson, Sheila Duffy-Lehrman, Reagan Pace and Frank
Trullenque. Robert Goodman, Cheryl Jacobs, Gary Farmer, Victoria Rogers, and Jaie
Laplante were unable to attend due to scheduling conflicts.
The Committee convened on June 16, 2014, to consider proposals received and interview the
proposers. The Committee was provided with information relative to the City's Cone of Silence
and Government in the Sunshine Law, general information on the scope of services, reference
responses, and additional pertinent information from all responsive proposers.
After proposer's presentations and interviews, the Committee discussed the proposers'
qualifications, experience, and competence, and further scored the proposers accordingly.
The Committee was instructed to score each proposal pursuant to the evaluation criteria
established in the RFQ.
Total Points Evaluation Criteria
50 Proposer Experience and Qualifications, including Financial
Capability
25 Scope of Services
30 Approach and Methodology
Additional points, over the aforementioned potential points were to be allocated, if applicable and in
accordance to the following ordinances.
LOCAL PREFERENCE: The City, through the Procurement Division, will assign an additional five (5)
points to Proposers which are a Miami Beach-based vendor as defined in the City's Local Preference
i
Commission Memorandum—RFQ 2014-182-LR Event Planning and Marketing Services
July 23,2014
Page 3
Ordinance. One firm, ACT Productions, Inc., qualified and was allocated the five (5) points for local
preference.
VETERANS PREFERENCE: The City, through the Procurement Division, will assign an additional five
(5) points to Proposers which are a small business concern owned and controlled by a veteran(s) or a
service-disabled veteran business enterprise, as defined in the City's Veterans Preference Ordinance.
Please note that no proposer was eligible for Veteran's preference.
The Committee's rankings were as follows:
RFQ#2014-182LR
Event Planning and Sheila LOW
Marketing Services Seth Duffy- Reagan Frank AGGREGATE
Bramson Ranking Lehrman Ranking Pace Ranking Trullenque Ranking TOTALS
ACT Productions,Inc. 87 1 85 1 85 4 105 1 7 1
Advanced Concert
Productions 50 5 55 5 65 6 96 4 20 5
Engine Shop 65 4 80 2 95 1 99 3 10 3
Logistic Management
Group 75 2 71 4 95 1 100 2 9 2
Siinc Agency 74 3 80 2 95 1 95 5 11 4
Diversified Production
Services 40 6 40 1 6 1 75 5 1 85 6 23 6
ACT PRODUCTIONS, INC. has been in the business since 1987 in the event industry with
headquarters in the City of Miami Beach. ACT has a wide breath of experience having
produced work for Presidential Inaugurations, Super Bowls, Orange Bowls, televisions shows,
rock concerts, award shows, charity galas, as well as, the annual Beach Polo World Cup.
LOGISTICS MANAGEMENT GROUP has been in the business for twenty-five years and has
produced over 100 national acts. Logistics Management Group ("LMG") past performance
include the City of Miami's Centennial Celebration, City of Miami Beach Sleepless Nights, and
U.S. Mayor's Conference to name a few. Their portfolio of skills includes comprehensive
production, logistics and operations, sponsorships and marketing campaigns.
ENGINE SHOP LLC was incorporated in 2012 and uses an experiential marketing program for
their clients, utilizing a 360 degree marketing approach which considers all angles during
planning and work with their clients to ensure every asset and outlet are utilized to maximize
the output of the program. Agency personnel have spearheaded major campaigns for brands
such as American Express, Diageo, Mercedes-Benz, Corona, Omega, Lexus and others.
MANAGER'S DUE DILIGENCE
In accordance with the ranking results pursuant to the evaluation process outlined herein and
the due diligence review by the City Manager, the Administration recommends that the Mayor
and City Commission of the City of Miami Beach, Florida accept the recommendation of the
City Manager pertaining to the ranking of proposals, pursuant to RFQ 2014-182 for Event
Planning and Marketing Services, as outlined in the recommendation section below.
The City Administration intends to immediately negotiate terms for the Centennial Celebration
Event Planning and Marketing Services and return to the City Commission with an item for
Commission Memorandum—RFQ 2014-182-LR Event Planning and Marketing Services
July 23,2014
Page 4
approval of an agreement at the July 30, 2014 Commission meeting.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida accept the recommendation of the City Manager pertaining to the ranking of
proposals, pursuant to Request for Qualifications (RFP) No. 2014-1.82-LR, Event Planning and
Marketing Services For the City's Centennial celebration; authorizing the administration to
enter into negotiations with the top-ranked firm, ACT Productions, Inc.; and should the
Administration not be successful in negotiating an agreement with the top-ranked proposer,
authorizing negotiations with the second-ranked proposer, Logistic Management Group; and
should the administration not be successful in negotiating an agreement with the second-
ranked proposer, authorizing negotiations with the third-ranked proposer, Engine Shop LLC;
and further authorizing the Mayor and City Clerk to execute agreements upon completion of
successful negotiations by the Administration.
JLM/KGB/MT/AD/MS
TAAGENDA12014July231RFQ 2014-182-LR Event Planning&Marketing Services- Memo Final.doc
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