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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 1 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. 2 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 3 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 4 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 5 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; 6 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 7 t I 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. 1 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. t s SECTION 9 -OWNERSHIP OF PROJECT DOCUMENTS � i I 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 F 9 9 j P PP Y Y 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. 9 P f 6 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 4 Agreement and co-terminus with this Agreement. I Y 8 1 J 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. 9 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 10 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. 11 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 N O N A N C ►' W / N � I H � r N �j 70 O m Z Ilk zif 000, 9 Z mn Z d ,,*VOW � m r) OD min m Dnvf � z m O 7G Z C n m H o � � Da i 0 ,f � t ` I rn rn rn c rn . 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LM y (A � N n LL i O L O L Q y GJ m aJ O M L > Q O td E W aN-+r. m V m - E Q 1. a O s a 0 W • _ O — a tka E :+ .� Q '� ._ •- m m Q 10 _ _ ._ Q ca V O V 06 0 m i H U to 0 LM 0 0 0 4� m Q 4.0 Uj 0) _ LM V x F x o — O W s = �, o c� u. m Q GJ m ; E — O >= E CA (A w m °_° W � 0 m >0. M Y W c H ; O 0 0 ca p � J � a Q s LL v v ci O Q Q o o o o o o o o o 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. ' RFP 2014-1 82-LR 5 { MIAMI BEACH r The City Commission shall consider the City Manager's recommendation and may approve such recommendation, t r 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. RFP 2014-18 2-LR 6 MIAMIBEACH 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. R P 2014-18 2-LR _ MIAMI BEACH 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. RFP 2014-182-LR 8 MIAMIBEACH 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 J � Y, g p 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 RFP 2014-182-LR 9 MIAMIBEACH 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. RFP 2014-182-LR 10 i a MIAMI BEACH 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), RFP 2014-1 8 -LR 1 1 i i I _ MIAMI BEACH 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 RFP 2014-182-LR 12 I i i t MIAMI BEACH 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. R P 2014-1 8 2-LR 13 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 f I i I 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 RFP 2014-182-LR Appendix A—Page 1 i i i t 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 RFP 2014-182-LR Appendix A—Page 2 i 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 l I N 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; i Miami Beach RFP 2014-182-LR Appendix A—Page 6 a i 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 I I I 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 .I i 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 E l 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 4 n r 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 i ;I 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. i 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. a h I r, X 5 i 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 I i I 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 i i 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 I la 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 r 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 , p P 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: %fael E. Gran.ad,D _ .rty.,Qlerk Philip evi or INU R P� APPROVED AS TO ORA FE-D..1 �' FORM &LANGUAGE �C-i,.. '• �� �, �', &FOR EXECU Lf 5L, TION C�4t�J ! , e T- Dote City`'-L -:.�.•- Att orney l �v 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 I� I