The URL can be used to link to this page

Certification of Contract with Christmas Designers, Inc. 1 CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: For the Rental of Holiday Decorations CONTRACT NO.: ITB- 2014-343-SW EFFECTIVE DATE(S): This Contract shall commence upon the date of the notice of award and shall be effective for three (3) years. The City, though it's City Manager, will have the option to extend for two (2) additional one (1) year periods, subject to the availability of funds for succeeding fiscal years. SUPERSEDES: N/A CONTRACTOR(S): Christmas Designers, Inc.; Secondary Vendor ESTIMATED CONTRACT AMOUNT: $1,042,657.25 A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on October 29, 2014 for approval to award a contract, upon execution between the City of Miami Beach, Florida, and Contractor. B. EFFECT - This Contract is entered for Furnish and Installation of Holiday Decorations pursuant to City Invitation to Bid No. 2014-343-SW and any addenda thereto (the ITB), and Contractor's bid in response thereto (this Contract, the ITB, and Contractor's bid in response thereto may hereinafter collectively be referred to as the "Contract Documents"). C. ORDERING INSTRUCTIONS - All blanket purchase orders shall be issued in accordance with the City of Miami Beach Procurement Department policies and procedures, at the prices indicated, exclusive of all Federal, State and local taxes. All blanket purchase orders shall show the City of Miami Beach Contract Number 2014-343- SW. D. CONTRACTOR PERFORMANCE - City of Miami Beach departments shall report any failure of Contractor's performance (or failure to perform) according to the requirements of the Contract Documents to City of Miami Beach, Anthony Kaniewski, Property Management Director at 305-673-7000 ext. 2914. E. INSURANCE CERTIFICATE(S) - The Contractor shall file Insurance Certificates, as required, which must be signed by a Registered Insurance Agent licensed in the State of 1 Florida, and approved by the City of Miami Beach Risk Manager, prior to delivery of supplies and/or commencement of any services/work by Contractor. F. ASSIGNMENT AND PERFORMANCE - Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by Contractor without the prior written consent of the City. In addition, Contractor shall not subcontract delivery of supplies, or any portion of work and/or services required by the Contract Documents without the prior written consent of the City. Certification of Contract Contractor warrants and represents that all persons providing/performing any supplies, work, and/or services required by the Contract Documents have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently provide/perform same, or services to City's satisfaction, for the agreed compensation. Contractor shall provide/perform the supplies, work, and/or services required under the Contract Documents in a skillful and respectable manner. The quality of the Contractor's performance and all interim and final product(s) and /or work provided to or on behalf of City shall be comparable to the best local and national standards. G. SERVICE EXCELLENCE STANDARDS — Excellent Customer Service is the standard of the City of Miami Beach. As a Contractor of the City, Contractor will be required to conduct itself in a professional, courteous and ethical manner, and at all times adhere to the City's Service Excellence standards. Training will be provided by the City's Organizational Development and Training Specialist. H. PUBLIC ENTITY CRIMES - In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the Contract and may result in Contractor debarment. I. INDEPENDENT CONTRACTOR - Contractor is an independent contractor under this Contract. Supplies, work, and/or services, provided by Contractor pursuant to the Contract Documents shall be subject to the supervision of Contractor. In providing such supplies, work, and/or services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. J. THIRD PARTY BENEFICIARIES - Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract and/or the Contract Documents. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract and/or the Contract Documents. 2 The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract and/or the Contract Documents. Certification of Contract K. NOTICES - Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: Alex Denis, Procurement Director City of Miami Beach Procurement Department 1700 Convention Center Drive Miami Beach, Florida 33139 E-mail: alexdenis(a-)_miamibeachfl.gov With copies to: City Clerk City Clerk Office 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Christmas Designers, Inc. 3124 NW 16th Terrace Pompano Beach, FL 33064 Attn: Kevin Long Phone: 954-633-2145 Fax: 954-973-0914 E-mail: kevin(&-christmasdesigners.com L. MATERIALITY AND WAIVER OF BREACH - City and Contractor agree that each requirement, duty, and obligation set forth in the Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a 3 provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. M. SEVERANCE - In the event a portion of this Contract and/or the Contract Documents is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. Certification of Contract N. APPLICABLE LAW AND VENUE - This Contract and/or the Contract Documents shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Contract and/or the Contract Documents. Contractor, shall specifically bind all subcontractors to the provisions of this Contract and the Contract Documents. O. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions contained herein, or in the Contract Documents, shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City and Contractor. P. This Contract shall not be effective until all bonds and insurance(s) required under the Contract Documents have been submitted to, and approved by, the City's Risk Manager. Q. The ITB and Contractor's bid in response thereto, are attached to this Contract and are hereby adopted by reference and incorporated herein as if fully set forth in this Contract. Accordingly, Contractor agrees to abide by and be bound by any and all of the documents incorporated by the Contract Documents. Where there is a conflict between any provision set forth within (i) this Contract; (ii) the ITB; and /or (iii) Contractor's bid in response thereto, the more stringent provision (as enforced by the City) shall prevail. 4 Certification of Contract IN WITNESS WHEREOF the City and Contractor have caused this Certification of Contract to be signed and attested on this t� day of 11,44 8,fZ7201y, by their respective duly authorized representatives. CONTRACTOR CITY OF MIAMI BEACH By By (L41 nt/ Si V� &ayor Print Name Da e �l V Date ATTEST: ATTEST: Secretary/ Si ature City Clerk Print Name Date '0RA i EL :• _ rte._T. ,� F:\PURC\$ALL\Solicitations\2014\2014-343-SW Installation,Removal,Maintenance and Storage of Holiday Dec6or i�ons\.�; Con_=tract Attachments: A: Commission memo and Item Summary B: ITB, Addendum C: Proposals D: Insurance Certification APPROVED AS TO FORM & LANGUAGE & FOR ECUTION 171 oi City Attorn Date 5 _ = _: ,f _ _ - 1 � '`, - 1:. f � - - i r - _ ... _ ' .'. _ _� . � � 1 1. f _ � t _ r 1 1 - 1 _ � � - — _ t` _ - � � 1 ... _Y'r. _ _ � •� ._ � ` 1._ :, - 1 f 1 � �, �.. - '_ i. ; Y .,f ..r a - -_ J __ r. � _ .. � > � - i-. •'I .. 1 1 . � { _ ., �� •:I� �� COMMISSION ITEM SUMMARY Condensed Title: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID(ITB) 2014-343-SW FOR THE FURNISHING AND INSTALLATION OF HOLIDAY DECORATIONS. Key Intended Outcome Supported: Maximize The Miami Beach Brand As A World Class Destination. Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summa /Recommendation: The City Commission, at its July 30, 2014 meeting, approved terminating the City's current holiday lighting contract for storage, maintenance, and installation of City's inventory of holiday lighting decorations, awarded pursuant to Invitation to Bid (ITB)No.2013-179-SW,and directed staff to release a new ITB for the rental and installation of holiday lighting. In the new ITB, the ownership of City's inventory of holiday lighting decorations was to be transferred to the successful bidder for a fee;thereby, eliminating the need for future storage requirements and adopting a "rent only" model for City-wide holiday ecorations. Since there is an ongoing storage component for the City's owned inventory of Y 9 9 9 holiday lighting decorations, termination of the current contract becomes effective upon the award of a new contract. The ITB was issued on September 10, 2014,with bids due on September 30, 2014. The City received bids from Christmas Designers, Inc. (CDI)and South Florida Lighting Team, LLC d/b/a Miami Christmas Lights. After considering the review and recommendation of City staff, the City Manager exercised his due diligence and is recommending to the Mayor and City Commission to award a contract to South Florida Lighting Team, LLC d/b/a Miami Christmas Lights, the lowest bidder, as the primary vendor, and Christmas Designers, Inc., the second lowest bidder, as the secondary vendor. The secondary bidder would be utilized in the event that the primary bidder was unable to perform the requirements of the contract. RECOMMENDATION Based on the aforementioned, the Administration recommends that the Mayor and City Commission award a contract to South Florida Lighting Team, LLC d/b/a Miami Christmas Lights, as the primary vendor and Christmas Designers, Inc., as the secondary vendor. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: 1 $230,000 160-4300-000355 Total Financial Impact Summary: The annual cost associated with the furnishing and installation of holiday decorations is subject to funds availability approved through the City's budgeting rocess. City Clerk's Office Legislative Tracking: Alex Denis, Director Ext#6641 Sign-Offs: artment Direc r AssistantAftWanager city M er AD ETC MT t JLM TAAGEND 014\October 291Procurement\ITB 2014-343 Furnish a d Install Holiday Decorations -SUMMARY.d c MIAMIBEACH AGENDA ITEM DATE ioa - y 16 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachf.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of t e City Com ssion FROM: Jimmy L. Morales, City Manager DATE: October 29, 2014 SUBJECT: REQUEST FOR APPROVAL AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB) 2014-343-SW FOR THE FURNISHING AND INSTALLATION OF HOLIDAY DECORATIONS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Maximize the Miami Beach Brand as a World Class Destination. FUNDING Account Code No.: 160-4300-000355 Amount: $230,000 BACKGROUND The City Commission, at its July 30, 2014 meeting, approved terminating the City's current holiday lighting contract for storage, maintenance, and installation of City's inventory of holiday lighting decorations, awarded pursuant to Invitation to Bid (ITB) No. 2013-179-SW, and directed staff to release a new ITB for the rental and installation of holiday lighting. In the new ITB, the ownership of City's inventory of holiday lighting decorations was to be transferred to the successful bidder for a fee; thereby, eliminating the need for future storage requirements and adopting a rent only' model for City-wide holiday decorations. Since there is an ongoing storage component for the City's owned inventory of holiday lighting decorations, termination of the current contract becomes effective upon the award of a new contract. ITB PROCESS The ITB was issued on September 10, 2014, with bids due on September 30, 2014. Two (2) addenda were issued. The Procurement Department issued bid notices utilizing the Public Group and via email. The ITB resulted in the receipt of two (2) responses from Christmas Designers, Inc. (CDI) and South Florida Lighting Team, LLC d/b/a Miami Christmas Lights. The ITB stated that the lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City, to the City Manager for his consideration. Veteran's preference was considered during the tabulation of the bids received. However, veteran's preference was not applicable to any of the bidders. 17 Commission Memorandum—ITB No. 2014-343-SW, Furnish and Install Holiday Lighting Decorations October 29, 2014 Page 2 In evaluating the bids received it has been determined that South Florida Lighting Team, LLC d/b/a Miami Christmas Lights, was the lowest responsive and responsible bidder, and Christmas Designers Inc., was the second lowest bidder. South Florida Lighting Team d/b/a Miami Christmas Christmas Lights Designers, Inc. Group A $218,471.00 $190,691.25 Group B $80,485.65 $75,855.00 Group C $238,500.00 $352,471.50 Group D $28,800.00 $38,610.00 Group E $258,904.80 $395,029.50 Total for Groups A-E $825,161.45 $1,052,657.25 Group F- Rebate for Owned Equipment $25,000 $10,000.00 Grand Total (3 Years) $800,161.45 $1,042,657.25 In its due diligence, the Procurement Department verified the following: Minimum Qualifications and Requirements The ITB stated that bids will only be considered from firms that are qualified to satisfactorily perform the specified services. Evidence shall include all information necessary to certify that the bidder: maintains a permanent place of business; has not had just or proper claims pending against him or his firm; and has provided similar type products and/or services. The evidence of similar type products and/or services will consist of a listing of contracts for having provided holiday decor installation to public and/or private sector clients, from three (3) references within the last five (5) years. The determination of capacity pursuant to this requirement is solely at the City Manager's discretion. South Florida Lighting Team, LLC d/b/a Miami Christmas Lights, provided verifiable references from the Foram Group, 600 Brickell World Center; Continuum South Beach, and Aventura Mall. Christmas Designers, Inc., provided verifiable references from Kennedy Space Center, Benderson Development, Stiles Las Olas City Center, Gaylord Palms Resort and Convention Center, and Town of Palm Beach. Along with being the vendor providing holiday decorations for the City for the last eighteen (18) years. MANAGER'S DUE DILIGENCE & RECOMMENDATION After considering the responsiveness of the bids received, the City Manager exercised his due diligence and is recommending to the Mayor and City Commission to award a contract to South Florida Lighting Team, LLC d/b/a Miami Christmas Lights, as the primary vendor, and Christmas Designers, Inc., as the secondary vendor. JLM /MT/ EC/AD T:IAGENDA12014\0ctober 29\Procurement\ITB 2014-343-SW Furnish and Install Holiday Decorations-Memo.doc 1� �'1 _ . _ - - 1f C' f U Y _ r _ _ _ -1, , r - 1 1 I 1- - :__ -. - - . _ _ - _ .,,f _ '_ . . I _ - - . r _ e - _ 'i' - ,ti. _ _ - - _ .. - - .. - , �t_ - tom' _. -.r . i _ - - - 1-' _, f,- .. -. - - . T r -{ - , - , c p -. r - ,, = - . - . - . THIS PAGE INTENTIONALLY LEFT BLANK � - . _ ,, . '; r- - }. ~ , , ti._ �, _ fr - _ . r - Yr - t -_5 - -- -- t.r_ ,r. -� ,- r-'_ r r- e i .. ;I' y - - J-, _ ., -_ 1- y- - 1 - -_ - .i - j;' , - - -, - _ i - ', - - - - -,• - y •_ ` i i . ct_ - a _ 1 _ - _• _ _ :�Y,. F - �_ - } - }r _ '.1 L•. , r .� A`. - _- . . .. ... k. _ - -y 1 -. _ - - - , - - ,( - . - - ,r - - -. .ice - .�, _ - _ . . ',,i - - - . I .} * I 5 ` 3:1'x iry � - - _ _ _,. - - „ i. r' ,t 7� - , :3 :c- - t - - . . • - ..l - _-_ - - - - 2_ .. - . L - -''i'I- '1a7:' - r r o _ , ATTAC,.HMENTS . .- , ,.---,..l , . MIA/01BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachf.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 Fax: 786-394-4075 ADDENDUM NO. 2 INVITATION TO BID (ITB) NO. 2014-343-SW FOR FURNISH AND INSTALLATION OF HOLIDAY DECORATIONS (the ITB) September 25, 2014 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only. i i I. RESPONSES TO QUESTIONS RECEIVED: I Q1. Prospective Bidder needs to know a date that the city will commit to what decorations they plan to rent from the successful bidder in any particular year of ' the contract. The reason for this information is so important is to allow us to put j any decor that the City may choose not to rent out on the open rental market for the private sector. Since the City is requesting that the vendor purchase all of the decorations Prospective Bidder will need the option to rent any surplus decor that the City may choose not to utilize. Al. Prospective Bidders should provide a statement in their bid response as to the date contractor requires notice from the City of the types and quantities of decorations the City will use each year. i Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado @miamibeachfl.gov i Contact: Telephone: Email: Lourdes Rodriguez 305-673-7000 ext. 6652 LourdesRodriguez @miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB i submission. i i Ilex s rocurement Director Yew AAAMIBEACH 1 City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel; 305-673-7490 Fax: 786-394-4075 1 ADDENDUM NO. 1 y INVITATION TO BID (ITB) NO. 2014-343-SW FOR FURNISH AND INSTALLATION OF HOLIDAY DECORATIONS (the ITB) September 24, 2014 i This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only. Underline denotes additions strike denotes deletions. i I I. REVISIONS: Appendix C, Minimum Requirements & Specifications, Holiday Decoration Inventory and Installation Locations, page 36, Group E/Section 7 — Normandy Fountain Area — 71St Street, has been revised as follows: Eighty-two (82) each LED Spiral Wraps eF sett j 250/each LED Fronds(50 16ghts nar set) ; 260/each LED Scatter Sets (50 lights per set)- II. RESPONSES TO QUESTIONS RECEIVED: Q1. Under minimum requirements, CIA, Similar Experience; the City states that prospective bidder should provide evidence of similar type products and/or services consisting of a list of contracts for having provided holiday decor i installation to public and/or private sector clients, from three (3) references within j the last five (5) years. If prospective bidder has been a subcontractor would in providing this type of services would this qualify for this criteria? Al. Yes. I Q2. Has the City determine a date certain for holiday lights and decorations to be turned on? What is the start date? j A2. The date that all decorations must be installed is December 1, 2014, with the tree lighting ceremony at City Hall on December 2, 2014. i Q3. Which palm trees at the Welcome to Miami Beach sign at Julia Tuttle Causeway and 41 Street are to be decorated with the LED lights? A3. The palm trees have been identified and have a crown at the top and are located at each side of the sign. i f Addendum No.1 ITB 2014-343-SW d 04. On Appendix E, Group F, rebate for owned equipment, that Is for the purchase of the City owned equipment correct? A4. Yes, this is for prospective bidders to provide an amount that they will offer the City for the transfer of ownership of owned holiday decorations. 05. Is maintenance and refurbishment cost included in this contract? A5. Since the City will no longer have ownership of the holiday decorations this cost is not applicable. Q6. Will the City ensure that all areas are energized in time for the decorations to be turned on by 6 pm? A6. Yes, the City will ensure that all areas are energized In order for the decorations to be turned on by 6 pm, as required. Q7. Was there any notable maintenance issues last year? I A7. The area on the north end by the fountain which where electrical issued that have been addressed, and Lummus Park because its incandescence and the conditions of the electrical supply. The problems were mainly issues with the Ground Fault Interrupters (GFI). Q8. Please define "Spiral Wrap". ; A8. Line of lights wrapped around a tree or object starting at the bottom moving up; starting at top moving down Q9. Will the City select which trees in each section are to be "spiral wrapped"? In the alternative, if contracot is intended to select trees, please specifically state and/or clarify that spiral wrapped trees are to be selected by contractor based on their design experience. A9. The contractor shall use what is specified in group/section. An emphasis on clustering from front to back when in groups is desirable. It will be left up to the contractor's professional experience to aesthetically balance the outcome of illumination. Q10. Please clarify if the City expects a certain number of light sets per tree. s r A10. The contractor shall use what is specified for each group/section and divide the lights up evenly per tree. I Q11. Please define "LED Fronds" as referenced throughout Appendix C. :i A11. LED Fronds are those branches extending from palm rrees that will receive LED lighting strands. y i 2 Page Addendum No. 1 iTB 2014-343-SW Q12. How many fronds are to be illuminated per tree? If contractor is expected to select the quantity, please state contractor will select number and location of fronds based on design experience. Al2. The number of fronds to be illuminated will be accomplished based on the directive 1 provided within each group/section. The total number of strand/lights will be divided equally throughout the location. 1 i Q13. Light sets specifications, Group C and Group E, there is no spacing between lights specification, 4" or 6" is common. Four (4) inches provides a better covering of lights on the trees and more elegant display. If Miami Beach has not determined the spacing between lights, it is recommended that the City uses 4" spacing so trees are brighter. A13. The City requires a 4"—6" spacing. Q14. Does the City have a recommended spacing between light strings when wrapping palm trees? A14. See response to Question Number 13. Q15. Please define "Scatter sets" as referenced Group C—Section 7. If vendor is expected to select the location and item to install "Scatter Set", please state this. A15. Scatter sets are illuminating light sets. Scatter sets will be installed at location defined as Group C—Section 7. Q16. Please clarify where and what "Scatter sets" are to be installed for Group E— Section 7. A16. Scatter sets are illuminating light sets that will be installed underneath the Oak Tress at twenty-five (25) sets per tree for a total of nine (9) trees. Q17. Please define the product "C-7 Perimeter Lighting 12, spacing white cord (50 lights per set)" as referenced in Group C, Section 5 and Group E, Section 4. Please clarify if this is a 50 light per set product or an individual C7 light bulb with ' cable? Does the City want 2770 strands of 50 or 2770 individual bulbs of C7 lights? i A17. The product C-7 Perimeter Lighting 12, spacing white cord (50 lights per set)" as referenced in Group C, Section 5 and Group E, Section 4, is defined as 2770 strands/50 lights per strand. Q18. Are all supplies and hardware required to install City owned decor supplied by the I City? A18. Contractor is responsible for all hardware and supplies to install City owned and rented decor throughout. 31 Pa g Addendum No. 1 ITB 2014-343-SW Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado @miamibeachfl.gov Contact: Telephone: Email: Lourdes Rodriguez 305-673-7000 ext. 6652 LourdesRodriguez @miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as { p g p part of your ITB submission. Since ely 1 Alex is Pr cu ment Director f f I i J i 0 1 a I 1 f 4 Page VIAMBEACH INVITATION TO BID ITB FURNISH AND INSTALL HOLIDAY DECORATIONS ITB 2014-343-SW i BID ISSUANCE DATE: SEPTEMBER 10, 2014 SITE VISIT: SEPTEMBER 17, 2014 @ 10 A.M. PRE-BID MEETING: SEPTEMBER 19, 2014 @ 10 A.M. BID DUE: SEPTEMBER 30, 2014 @ 3:00 PM ISSUED BY: LOURDES RODRIGUEZ MIAMI BEACH LOURDES RODRIGUEZ, SENIOR PROCUREMENT SPECIALIST PROCUREMENT DEPARTMENT 1700 Convention Center Drive, Miami Beach, FL 33139 305.673.7000 x6652 I Fax: 786.394.4075 I www.miamibeachfl.gov ITB 2014-343-SW 1 NAIA/MIBEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED ..............................................................................................N/A 0200 INSTRUCTIONS TO BIDDERS & GENERAL CONDITIONS.............................3 0300 BID SUBMITTAL INSTRUCTIONS & FORMAT...............................................16 APPENDICES: APPENDIX A ................ BID CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS APPENDIXB ..................................................................................... "NO BID" FORM APPENDIX C ................................MINIMUM REQUIREMENTS & SPECIFICATIONS APPENDIX D .........................................................................SPECIAL CONDITIONS APPENDIXE .............................................................................. BID TENDER FORM APPENDIX F .............................................................INSURANCE REQUIREMENTS ITB 2014-343-SW 2 MIAMI BEACH SECTION 0200 INSTRUCTIONS TO BIDDERS 1. GENERAL. This Invitation to Bid (ITB) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "bid") 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 Proposers and, subsequently, the successful Bidders(s) (the If contractor[s]") if this ITB 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 ITB. Any prospective Bidder who has received this ITB by any.means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this ITB. Failure to receive an addendum may result in disqualification of Bid submitted. 2. PURPOSE. The purpose of this bid is to establish a contract, by means of sealed bids, with a qualified contractor to furnish and install holiday decorations throughout the City of Miami Beach as specified herein, on an ongoing rental basis. Installations shall begin no later than November 15th of each contract year and remain fully operational and in excellent aesthetic condition throughout the holiday season. Removal may commence on or about January 6th immediately following the preceding holiday season and must be completed within seven (7)days. Additionally, the City currently owns a significant number of holiday decorations. Through this ITB, the City may wish to transfer, solely at its discretion, said ownership to the successful bidder for a fee as indicated in the Bid Tender Form. The Living Wage Requirement, pursuant to Chapter 2, Article VI, Division 6, of the Code of the City of Miami Beach, is applicable to any award resulting from this contract. ITB 2014-343-SW 3 MIAMI BEACH 3. SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: ITB Issued September 10, 2014 Site Visit September 17, 2014, at 10:00 a.m. Pre-Bid Meeting September 19, 2014, at 10:00 a.m. Deadline for Receipt of Questions September 23, 2014 no later than 5:00p.m. Responses Due September 30, 2014 no later than 3:00p.m. Tentative Commission Approval October 22, 2014 Authorizing Award 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: RafaelGranado(cbmiamibeachfl.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 Bids are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. Procurement Contact: Telephone: Email: Lourdes Rodriguez 305.673.7000 x 6652 lourdesrodriguez @miamibeachfl.gov 5. PRE-BID MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-bid meeting or site visit(s) may be scheduled. A site visit will be held as scheduled in the Solicitation Timeline above at the following address: Christmas Designers, Inc. 3124 N.W. 16th Terrace Pompano Beach, FL 33064 A Pre-Bid 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 Small 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-Bid Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-888-270-9936 (Toll-free North America) ITB 2014-343-SW 4 MIAMI BEACH (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 ITB expressing their intent to participate via telephone. 6. PRE-BID INTERPRETATIONS. Oral information or responses to questions received by prospective Bidders are not binding on the City and will be without legal effect, including any information received at pre-bid 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 of exception 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. 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://web.miamibeachfl.qov/procuremenUscroll.aspx?id=23510 • CONE OF SILENCE..................................................................... CITY CODE SECTION 2-486 • PROTEST PROCEDURES............................................................ 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................................... 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...................................................... CITY CODE SECTIONS 2-407 THROUGH 2-410 • 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. EXAMINATION OF SOLICITATION DOCUMENTS AND SITE: It is the responsibility of each Bidder, before submitting a Bid, to: • Examine the solicitation thoroughly. ITB 2014-343-SW 5 MIAMI BEACH • Visit the site or structure, as applicable, to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. • Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance, furnishing of the Work, or award. • Study and carefully correlate Bidder's observations with the solicitation. • Notify the Procurement Director of all conflicts, errors or discrepancies in the solicitation of which Bidder knows or reasonably should have known. • The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the solicitation and that the solicitation documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 10. POSTPONEMENT OF DUE DATE FOR RECEIPT OF BIDS. The City reserves the right to postpone the deadline for submittal of bids and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Bidders through PublicPurchase. 11. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the bid 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. 12. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011-3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s) or which is a service- disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 13. CONTRACT PRICE. Bid Price is to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the solicitation. 14. METHOD OF AWARD. Following the review of bids and application of vendor preferences, the lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City, to the City Manager for his consideration. After considering ITB 2014-343-SW 6 MIAMI BEACH the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. The City Commission shall consider the City Manager's recommendation(s) and, may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids received. In determining the lowest and best bidder, and in addition to price, Section 2-369 of the City Code provides that the City may consider the following: • The ability, capacity and skill of the bidder to perform the Contract. • Whether the bidder can perform the Contract within the time specified, without delay or interference. • The character, integrity, reputation, judgment, experience and efficiency of the bidder. • The quality of performance of previous contracts. • The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. Qualified Contractor Pool: The City will endeavor to award projects pursuant to the specific unit prices awarded pursuant to the ITB. However, notwithstanding the foregoing, the City Manager may, in his sole discretion, also recommend one or more responsive, responsible bidders for award for the purpose of creating a pool of qualified contractors from which the City may seek quotes for specific projects in lieu of awarding project(s) in accordance with the specific items or unit prices awarded pursuant to this ITB. When utilizing the qualified contractor pool methodology, the City will endeavor to invite all contractors in the pool to submit project-specific pricing. The contractor offering the lowest overall project cost, as well as meeting other project and timeline requirements will be awarded the project through the release of a Purchase Order. 15. MULTIPLE AWARD. The City may award up to three vendors(primary, secondary, tertiary), as available, by line item, by group or in its entirety. The City will endeavor to utilize vendors in order of award. However, the City may utilize other vendors in the event that: 1) a contract vendor is not or is unable to be in compliance with any contract or delivery requirement; 2) it is in the best interest of the City to do so regardless of reason. 16. BINDING CONTRACT. The signed bid shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon award of the bid by the City Commission. The City Commission's selection or approval of the City Manager's recommendation shall constitute a binding Contract between the City and the awarded bidder(s). The Contract shall include the solicitation, any and all addenda issued by the City and the Bid Proposal submitted the by bidder. In any discrepancy between the documents, the order of preference shall be as follows: 1) Addendum in reverse order of release; 2) Solicitation; 3) Bid Proposal. In case of default on the part of the successful bidder, the City may procure the items or services from other sources and hold the bidder responsible for any excess cost occasioned or incurred thereby. 17. 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. ITB 2014-343-SW 7 MIAMI BEACH 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. 18. GENERAL TERMS AND CONDITIONS. It is the responsibility of the Bidder to become thoroughly familiar with the Bid requirements, terms and conditions of this solicitation. Ignorance by the Bidder of conditions that exist or that may exist will not be accepted as a basis for varying the requirements of the City, or the compensation to be paid to the Bidder. 19. ACCEPTANCE OR REJECTION OF BIDS. The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred twenty(120)calendar days after bid opening date. A Bidder may'not withdraw its bid unilaterally nor change the Contract Price before the expiration of one hundred and twenty (120) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the Bid by the Mayor and City Commission. 20. ALTERNATE RESPONSES MAY BE CONSIDERED. The City may consider one (1) alternate response from the same Bidder for the same formal solicitation; provided, that the alternate response offers a different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to formal solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies. 21. AMERICAN WITH DISABILITIES ACT. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice), 305-673-7524 (fax) or 305-673-7218 (TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). 22. ANTI-DISCRIMINATION. The bidder certifies that he/she is in compliance with the non- discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 23. ASSIGNMENT. The successful bidder 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. 24. AUDIT RIGHTS AND RECORDS RETENTION. The Successful Bidder agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers and records of Contractor which are directly pertinent to this formal ITB 2014-343-SW 8 MIAMI BEACH solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for three(3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 25. BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE. Bid Bonds, when required, shall be submitted with the bid in the amount specified in the Special Conditions. After acceptance of the bid, the City will notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in the Special Conditions. 26. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to the ordering City department. 27. CANCELLATION. In the event any of the provisions of this Bid are violated by the bidder, the City shall give written notice to the bidder stating such deficiencies and, unless such deficiencies are corrected within ten (10) calendar days from the date of the City's notice, the City, through its City Manager, may declare the contract in default and terminate same, without further notice required to the bidder. Notwithstanding the preceding, the City, through its City Manager, also reserves the right to terminate the contract at any time and for any reason, without cause and for convenience, and without any monetary liability to the City, upon the giving of thirty (30) days prior written notice to the bidder. 28. CITY'S RIGHT TO WAIVE OR REJECT BIDS. The City Commission reserves the right to waive any informalities or irregularities in this Bid; or to reject all bids, or any part of any bid, as it deems necessary and in the best interest of the City of Miami Beach. 29. CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS. If a bidder is in doubt as to the true meaning of the Bid specifications, or other Bid documents, or any part thereof, the bidder must submit to the City, at least seven (7) calendar days prior to the scheduled Bid opening date, a request for clarification. Any interpretation of the Bid, including, without limitation, responses to questions and request for clarification(s) from bidders, will be made only by Addendum duly issued by the City. In the event of conflict with the original specifications, the Addendum shall supersede such specifications, to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. The bidder shall be required to acknowledge receipt of any and all Addendum, and filling in and signing in the spaces provided in section 5.0, Acknowledgements/Affidavits. Failure to acknowledge Addendum may deem a bid non-responsive. The City will not be responsible for explanations, interpretations, or answers to questions made verbally or in writing by any City representative, unless issued by the City via formal written Addendum to this Bid. ITB 2014-343-SW 9 MI AAA IBEACH Any questions or clarifications concerning the Bid shall be submitted in writing to the Department of Procurement Management (DPM), 1700 Convention Center Drive, Miami Beach, FL 33139 with a copy to the City Clerk. 30. COLLUSION. Where two (2)or more related parties each submit a bid or bids for any contract, such bids or bids shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bid or bids. "Related parties" means bidders or the principals thereof which have a direct or indirect ownership interest in another bidder for the same contract, or in which a parent company or the principals thereof of one (1) bidder have a direct or indirect ownership interest in another bidder for the same contract. Bid or bids found to be collusive shall be rejected. Bidders who have been found to have engaged in collusion may also be suspended or debarred, and any contract resulting from collusive bidding may be terminated for cause. 31. CONDITION AND PACKAGING. Bidder guarantees items offered and delivered to be the current standard production model at time of bid and shall offer expiration dating of at least one year or later. Bidder also guarantees items offered and delivered to be new, unused, and free from any and all defects in material, packaging and workmanship and agrees to replace defective items promptly at no charge to the City of Miami Beach, for the manufacturer's standard warranty but in no case for a period of less than 12 months from date of acceptance. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 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. DELIVERY. Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the City using Department, Monday through Friday, excluding holidays. Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 4:00 P.M. 34. DELIVERY TIME. Bidders shall specify in the attached Bid Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time; no ranges (For example, 12-14 days)will be accepted. 35. DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the bidder's facility may be made prior to the award of contract. B. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. C. Bidders 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 ITB 2014-343-SW 10 MIAMI BEACH terms and conditions of this Bid. 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 bidder, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. Any material conflicts between information provided by the source of supply and the information contained in the bidder's bid may render the bid non-responsive. G. The City may, during the period that the contract between the City and the successful bidder is in force, review the successful bidder's record of performance to ensure that the bidder is continuing to provide sufficient financial support, equipment, and organization as prescribed in this bid. Irrespective of the bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful bidder no longer possesses the financial support, equipment, and organization which would have been necessary during the bid evaluation period in order to comply with the demonstration of competency required under this subsection. 36. DISPUTES. In the event of a conflict between the Bid documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this Bid; then B. Addendum issued for this Bid, with the latest Addendum taking precedence; then C. The Bid; then D. The bidder's bid in response to the Bid. E. In case of any doubt or difference of opinion as to the items and/or services (as the case may be)to be furnished hereunder, the decision of the City shall be final and binding on all parties. 37. DEFAULT. Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required as liquidated damages incurred by the City thereby; or, where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the City's bidders list. 38. EQUIVALENTS. If a bidder offers makes of equipment or brands of supplies other than those specified in the Bid specifications, he must so indicate in his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. The bidder shall indicate in the Bid Form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed in the Bid. ITB 2014-343-SW 1 1 NA,(AAAiBEACH Other than specified items offered requires complete descriptive technical literature marked to indicate detailed conformance with specifications, and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS INFORMATION. THE CITY SHALL BE THE SOLE JUDGE OF EQUALITY AND ITS DECISION SHALL BE FINAL. Note as to Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s)offered conform with or exceed quality as listed in the specifications. 39. ELIMINATION FROM CONSIDERATION. This bid shall not be awarded to any person or firm who is in arrears to the City upon any debt, taxes, or contracts which are defaulted as surety or otherwise upon any obligation to the City. 40. EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this solicitation that before, during, and after a public emergency, disaster, hurricane, tornado, flood, or other acts of force majeure that the City of Miami Beach, Florida shall receive a "First Priority" for any goods and services covered under any award resulting from this solicitation, including balance of line items as applicable. It is vital and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety, as determined by the City. By virtue of submitting a response to this solicitation, vendor agrees to provide all award-related goods and services to the City on a"first priority" under the emergency conditions noted above. 41. ESTIMATED QUANTITIES. Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award of this Bid. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City may use said estimates for purposes of determining whether the low bidder meets specifications. 42. EXCEPTIONS TO BID. Bidders are strongly encouraged to thoroughly review the specifications and all conditions set forth in this Bid. Bidders who fail to satisfy the requirements in this Bid, may be deemed non-responsive and receive no further consideration. Should your proposed bid not be able to meet one (1) or more of the requirements set forth in this Bid and you are proposing alternatives and/or exceptions to said requirements, you must notify the Procurement Office, in writing, at least five (5) days prior to the deadline for submission of bids. The City reserves the right to revise the scope of services via Addendum prior to the deadline for receipt of bids. 43. FACILITIES. The City, through its City Manager or his/her authorized designee, reserves the right to inspect the bidder's facilities at any time, upon reasonable prior written or verbal notice. 44. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public ITB 2014-343-SW 12 MIAMI BEACH 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 bids, 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. 45. F.O.B. DESTINATION. Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid. 46. GRATUITIES. Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, employee, contractor, or agent of the City, for the purpose of influencing consideration of this Bid. 47. INDEMNIFICATION. The successful Bidder 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 successful Bidder or its employees, agents, servants, partners, principals or subcontractors. The successful Bidder 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 successful Bidder expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the successful Bidder 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. 48. INSPECTION, ACCEPTANCE & TITLE. Inspection and .acceptance will be at destination, unless otherwise provided. Title to (or risk of loss or damage to) all items shall be the responsibility of the successful bidder until acceptance by the City, unless loss or damage results from the gross negligence or willful misconduct of the City. ITB 2014-343-SW 13 MIAMI BEACH If any equipment or supplies supplied to the City are found to be defective, or do not conform to the specifications, the City reserves the right to cancel the order upon written notice to the seller, and return the product, at the bidder's expense. 49. LAWS, PERMITS AND REGULATIONS. The bidder shall obtain and pay for all licenses, permits, and inspection fees required under the contract; and shall comply with all Applicable Laws. 50. LEGAL REQUIREMENTS. The bidder shall be required to comply with all federal, State of Florida, Miami-Dade County, and City of Miami Beach codes, laws, ordinances, and/or rules and regulations that in any manner affect the items covered herein (collectively, Applicable Laws). Lack of knowledge or ignorance by the bidder with/of Applicable Laws will in no way be a cause for relief from responsibility. 51. LIABILITY, INSURANCE, LICENSES AND PERMITS. Where bidders are required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of the Bid, the bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all Applicable Laws. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder, or his/her officers, employees, contractors, and/or agents, for failure to comply with Applicable Laws. 52. MANNER OF PERFORMANCE. Bidder agrees to perform its duties and obligations in a 9 P 9 professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Bidder 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. Bidder agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Bidder 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 bidder to comply with this paragraph shall constitute a material breach of this contract. 53. MISTAKES. Bidders are expected to examine the specifications, delivery schedules, bid prices, and extensions, and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk and may result in the bid being non-responsive. 54. MODIFICATIONMIITHDRAWALS OF BIDS.A bidder may submit a modified bid to replace all or any portion of a previously submitted bid up until the bid due date and time. Modifications received after the bid due date and time will NOT be considered. Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration of 120 calendar days from the opening of bids without a contract award. Letters of withdrawal received after the bid due date and before said expiration date and letters of withdrawal received after contract award will NOT be considered. 55. NON-CONFORMANCE TO CONTRACT CONDITIONS. Items may be tested for compliance with specifications. Items delivered, not conforming to specifications, may be rejected and returned ITB 2014-343-SW 14 MIAMI BEACH at the bidder's expense. These items, as well as items not delivered as per delivery date in bid and/or purchase order, may be purchased by the City, at its discretion, on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in the bidder's name being removed from the City's vendor list. 56. OPTIONAL CONTRACT USAGE. When the successful bidder(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. 57. OSHA. The bidder warrants to the City that any work, services, supplies, materials or equipment supplied pursuant to this Bid shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be deemed breach of contract. Any fines levied because of inadequacies to comply with this condition shall be borne solely by the bidder. 58. PATENTS & ROYALTIES. The bidder 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 bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 59. PAYMENT. Payment will be made by the City after the items have been received, inspected, and found to comply with Bid specifications,free of damage or defect, and properly invoiced. 60. PRICES QUOTED. Prices quoted shall remain firm and fixed during the duration of the contract. In completing the bid form, state both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in Special Conditions). The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment terms in the space provided on the Bid submittal signature page of the solicitation. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately, and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). 61. PRODUCT INFORMATION. Product literature, specifications, and technical information, including Manufacturer's Safety Data Sheets (MSDS) should be provided with this bid as an attachment to the "BID FORM". However, in all cases must be provided within five (5) calendar days upon request from Purchasing Agent. ITB 2014-343-SW 15 MIAMI BEACH 62. REASONABLE ACCOMMODATION. In accordance with Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the Procurement Division. 63. SAMPLES. Bids submitted as an "equal" product must be accompanied with detailed specifications. Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with the bidder's name. Failure of the bidder to either deliver required samples, or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139. 64. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 65. SPOT MARKET PURCHASES. It is the intent of the City to purchase the items specifically listed in this Bid from the successful bidder. However, the City reserves the right to purchase the items from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 66. SUBSTITUTIONS. After award of contract, the City WILL NOT accept substitute shipments of any kind, without previous written approval. The bidder is expected to furnish the brand quoted in its bid. Any substitute shipments will be returned at the bidder's expense. 67.TAXES.The City of Miami Beach is exempt from all Federal Excise and State taxes. 68. TIE BIDS. In accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to bidders certifying that they have implemented a drug free work place program. A certification form will be required. In the event of a continued tie between two or more bidders after consideration of the drug free workplace program, the City's Local Preference and Veteran Preference ordinances will dictate the manner by which a tie is to be resolved. In the event of a continued tie after the Local and Veteran Preference ordinances have been applied or the tie exists between bidders that are not Local or Veteran, the breaking of the tie shall be at the City Manager's discretion, which will make a recommendation for award to the City Commission. 69. TERMINATION FOR DEFAULT. If the successful bidder shall fail to fulfill in a timely manner, or otherwise violate, any of the covenants, agreements, or stipulations material to the Bid and/or the contract entered into with the City pursuant thereto, the City shall thereupon have the right to terminate the work and/or services then remaining to be performed by giving written notice to the bidder of such termination, which shall become effective upon receipt by the bidder of the written termination notice. In that event, the City shall compensate the successful bidder in accordance with the term of the contract for all work and/or services satisfactorily performed by the bidder prior to termination, net of any costs incurred by the City as a consequence of the default. ITB 2014-343-SW 16 MIAMIBEACH Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the bidder, and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. The City may, at its discretion, provide reasonable "cure period" for any contractual violation prior to termination of the contract; should the successful bidder fail to take the corrective action specified in the City's notice of default within the allotted cure period, then the City may proceed to terminate the contract for cause in accordance with this subsection 1.57. 70. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience, terminate the work and/or services then remaining to be performed, at any time, by giving written'notice to the successful bidder of such termination, which shall become effective thirty (30) days following receipt by bidder of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the contract is terminated by the City as provided in this subsection, the City shall compensate the successful bidder in accordance with the terms of the contract for all and without cause and/or any resulting liability to the City, work and/or services actually performed by the successful bidder, and shall also compensate the bidder for its reasonable direct costs in assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any profits that the successful bidder expected to earn on the balanced of the contract. Such payments shall be the total extent of the City's liability to the successful bidder upon a termination as provided for in this subsection. 71. UNDERWRITERS' LABORATORIES. Unless otherwise stipulated in the Bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s)offered and furnished. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) ITB 2014-343-SW 17 �v1 I Al\/!I B EAC H SECTION 0300 BID SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED BIDS. One original Bid Proposal (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 bids. Additionally, three (3) bound copies and one (1) electronic format (CD or USB format) are to be submitted, with the original submission or within two (2) days of request by the City. The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: Bid Number, Bid Title, Bidders Name, Bidder Return Address. Bids received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. BID PROPOSAL. The Bid Proposal is to include the following: • TAB 1 - Bid Tender Form (Appendix E). The Bid Tender Form (Appendix E) shall be completed mechanically or, if manually, in ink. Bid Tender Price Forms (Appendix E) completed in pencil shall be deemed non-responsive. All corrections on the Bid Tender Price Form (Appendix E) shall be initialed. • TAB 2- Bid Certification, Questionnaire and Affidavits (Appendix A). 2. LATE BIDS. Bid Proposals 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 proposals 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. ITB 2014-343-SW 18 MIAMI BEACH APPENDIX "A" MIAMI BEACH Bid Certification , Questionnaire & Requirements Affidavit ITB-2014-343 RENTAL OF HOLIDAY DECORATIONS PROCUREMENT DEPARTMENT 1700 Convention Center Drive Miami Beach, Florida 33139 IiB 2014343-<`N 19 MIAMBEACH Solicitation No: Solicitation Title: ITB No. 2014-343-SW RENTAL OF HOLIDAY DECORATIONS Procurement Contact: Tel: Email: Lourdes Rodriguez 305.673.7000 x 6652 lourdesrodriguez@miamibeachfl.gov BID CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal 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: No.of Employees 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. ITB 2014-343-SW 20 MIAMI BEACH 1. Veteran Owned Business. Is Proposer claiming a veteran owned business status? 0 YES 0 NO SUBMITTAL REQUIREMENT: Proposers 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,as amended. 2. Conflict Of Interest. All Proposers must disclose, in their Proposal, 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 Proposers 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: Proposers 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. Proposers 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 3. 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. 4. Suspension,Debarment or Contract Cancellation. Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non- erformance by any public sector agency? 0 YES NO SUBMITTAL REQUIREMENT: If answer to above is"YES,"Proposer shall submit a statement detailing the reasons that led to action(s). 5. Litigation History.Proposer shall submit a statement of any litigation or regulatory action that has been filed against your firm(s) in the last five years. If an action has been filed, state and describe the litigation or regulatory action filed, and identify the court or agency before which the action was instituted,the applicable case or file number, and the status or disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s),provide a statement to that effect.If"No"litigation or regulatory action has been filed against your firm(s), please provide a statement to that effect. Truthful and complete answers to this question may not necessarily disqualify a firm from consideration but will be a factor in the selection process. Untruthful, misleading or false answers to this question shall result in the disqualification of the firm for this project. SUBMITTAL REQUIREMENT: Proposer shall submit history of litigation or regulatory action filed against proposer, or any proposer team member firm, in the past 5 years. If Proposer has no litigation history or regulatory action in the past 5 years,submit a statement accordingly. 6. Vendor Campaign Contributions. Proposers 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. Proposers 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 Proposals,in the event of such non-compliance. ITB 2014-343-SW 21 MIAMI BEACH 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 City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Department of Procurement Management with its proposal/response 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.miamibeachfi.gov/procuremenY. 8. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, Proposers 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). Proposers'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.miamibeachfl.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? 0 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 0 NO ITB 2014-343-SW 22 MIAMI BEACH 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.miamibeachfl.gov/procurement/. 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, proposals, 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. 287.017 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 Proposers 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, Proposers 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. ITB 2014-343-SW 23 MIAM BEACH DISCLOSURE e 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 Proposals made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Proposals, 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 proposals,may accept or reject proposals, and may accept proposals 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 Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal 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 Proposers. 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. Proposers 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 Proposal conforming to these requirements will be selected for consideration,negotiation,or approval. The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be 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 Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. 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 Proposers will be bound only as, if and when a Proposal (or Proposals), 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 Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals 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. Proposers are expected to make all disclosures and declarations as requested in this solicitation.By submission of a Proposal,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 Proposal,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 Proposal is true,accurate and complete,to the best of its knowledge,information,and belief. Notwithstanding the foregoing or anything contained in the solicitation,all Proposers 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. ITB 2014-343-SW 24 MIAMI BEACH PROPOSER hereby certify that: I, 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 Proposers 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 Proposal 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 ) 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 Florida My Commission Expires: ITB 2014-343-SW 25 MIAMI BEACH APPENDIX B MIAMI BEACH " No Bid " Form ITB-201 4-343 RENTAL OF HOLIDAY DECORATIONS PROCUREMENT DEPARTMENT 1700 Convention Center Drive Miami Beach, Florida 33139 ITB 2014-343-SW 26 MIAMI BEACH Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL 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 PROCUREMENT DEPARTMENT ATTN: Lourdes Rodriguez PROPOSAL #ITB 2014-343-SW 1700 Convention Center Drive MIAMI BEACH, FL 33139 ITB 2014-343-SW 27 i\NP,MI BEACH APPENDIX C m MIAMI BEACH Minimum Requirements & Specifications ITB-2014-343 RENTAL OF HOLIDAY DECORATIONS PROCUREMENT DEPARTMENT 1700 Convention Center Drive Miami Beach, Florida 33139 IiB 2014-343-SW 28 MIAMI BEACH MINIMUM REQUIREMENTS&TECHNICAL SPECIFICATION C1 MINIMUM REQUIREMENTS. The following minimum requirements will be considered in the review of each bidder's response. Failure to meet or exceed minimum requirements will disqualify bidder from consideration. C1.1 Similar Experience. In order for bids to be considered, bidders must submit with their bid, evidence that they are qualified to satisfactorily perform the specified services. Evidence shall include all information necessary to certify that the bidder: maintains a permanent place of business; has not had just or proper claims pending against him or his firm; and has provided similar type products and/or services. The evidence of similar type products and/or services will consist of a listing of contracts for having provided holiday decor installation to public and/or private sector clients, from three(3) references within the last five (5) years. The determination of capacity pursuant to this requirement is solely at the City Manager's discretion. C1.2 References. Minimum of three (3) references of holiday installation and decoration services provided within the last five(5) years. References must include the name of the company, a contact person, and the contact information. In addition, firms must submit a minimum of six (6) 8" x10" color photos of successful projects from the three (3) references provided. Firm must submit six(6) photos for each project for a total of a minimum of eighteen(18)photos. C2 SPECIFICATIONS/SCOPE OF WORK: Bidders must include in their price all labor, machinery, tools, means of transportation, supplies, equipment, materials, services, permits if required, and all incidentals necessary to provide installation,maintenance,and removal of the City's Holiday Decorations as specified herein. C2.1 INSTALLATION: The purpose of this bid is to establish a contract, by means of sealed bids, with a qualified contractor to furnish and install holiday decorations throughout the City of Miami Beach as specified herein, on an ongoing rental basis. Installations shall begin no later than November 1511 of each contract year and remain fully operational and in excellent aesthetic condition throughout the holiday season. Removal may commence on or about January 61h immediately following the preceding holiday season and must be completed within seven (7) days. Actual dates will be coordinated between the Contractor and the City's Representative. Vendor h II a on site and responsible for the coordination and execution of turning on the Christmas Tree shall b p g lights during the City Hall Christmas Tree Lighting event in which the date scheduled is to be determined as it may vary each year. Additionally, the City currently owns a significant number of holiday decorations. Through this ITB, the City may wish to transfer, solely at its discretion, said ownership to the successful bidder for a fee as indicated in the Bid Tender Form. C2.2 MAINTENANCE: Holiday decorations shall be maintained operational at all times. During the holiday season, daily inspection and maintenance of all decorations to ensure proper functioning is required. Contractor shall have a lighting crew trained and experienced in maintaining and restoring the holiday lighting systems; inspect all the citywide holiday decorations each and every evening during the holiday lighting season. Employees must wear a company identifiable uniform while performing the services of the contract when on City property. The lighting crew shall reset, modify and take all actions possible to ensure the City's holiday decorations ITB 2014-343-SW 29 MIAMI BEACH and lights are functioning as intended at the conclusion of the daily evening inspection. This includes any necessary testing of the lighting equipment before installation. A summary of the previous evening's inspection shall be provided to the Property Management Director in writing the following day, prior to 10:00 A.M. The inspection summary shall highlight any deficiencies identified the previous evening and specify any assistance required by the City (Public Works, Property Management)to restore the decorations to operational status. In order to ensure that the awarded contractor will have the ability to manage the projects throughout the City, the awarded contractor must provide, within 48 hours of request from the City, a full disclosure of company equipment that may be utilized to perform the services under this contract. Specifically, the awarded contractor must have a minimum of five(5) Bucket trucks with a height range of 37'to 60'. Trucks must be properly identified with company logo. Additionally,the Contractor shall also have a 24-hour per day/7 day per week Call Center with a primary and secondary point of contact during the holiday lighting season to which outages and other problems can be reported. Contractor shall respond within eight (8) hours by being on-site of the designated area(s), upon notification by the City of Miami Beach, Public Works Department, or designated representative to have all holiday decorations in operating order. Contractor shall ensure that all holiday decorations/displays citywide are functioning by 5:00 p.m.each day during the holiday season. During the term of the contract the City reserves the right to select any, all, or none of areas for decoration or installation in a particular year of the agreement. The City shall also have the option of not installing any decorations for a complete season or seasons. C2.6 ESTIMATED QUANTITIES: Quantities, if stated, are for Bidders'guidance only and no guarantee is given or implied as to quantities that will be used during the contract period. Estimated quantities are based upon previous needs. Said estimated quantities may be used by the City for the purpose of evaluating the low Bidder meeting specifications. The City reserves the right to request additional related services from the Contractor during the term of the contract. In doing so, the City will negotiate with the Contractor for scope and cost of any additional services required.The City Manager's approval shall be binding on both parties. ITB 2014-343-SW 30 MIAMI BEACH HOLIDAY DECORATION INVENTORY AND INSTALLATION LOCATIONS HOLIDAY GROUP A- GROUP A/SECTION 1 —MAIN ENTRIES AREA 1 - 1-195—41 St Street—Julia Tuttle Causeway One(1)each Happy Holiday Sign Enhancer-30'6"tall and 38'6"wide Twelve (12)each,Assorted Glitter Mesh Stars (assorted sizes are 18", 24"&36") AREA 2—Normandy Isle—71St Street One(1)each, Bow Sign Enhancer—6'tall and 4'6"wide Two(2)each, Package Scroll on each side of sign—16'tall and 9'3"wide Fourteen (14)each, Assorted Glitter Mesh Stars(assorted sizes are 1811, 24"&3611) AREA 3—5th Street and Lenox Avenue One 1 each Welcome to the City of Miami Beach sign -6 tall and 11 wide O � Y g Two(2)each, Package Scrolls—7'6"tall and 4'3"wide Nine(9)each, Assorted Glitter Mesh Stars(assorted sizes are 18", 24" &3611) GROUP A/SECTION 2—STREET DECOR AREA 1 —Washington Avenue—5th Street to 16th Street Ten (10)each, Star Scroll Pole Decorations—10'tall and 4' wide Ten (10)each, Package Scroll Pole Decorations—10'tall and 5' wide AREA 2—Collins: 61 St Street to 76th Street Seventeen (17)each, Star Scroll Pole Decorations—10'tall and 4' wide Seventeen (17) each, Package Scroll Pole Decorations— 10'tall and 5' wide AREA 3—71 St Street: Collins to Versailles Thirty-six(36)each, Package Scroll Pole Decorations—7'tall and 4' wide AREA 4—Ocean Drive: Lummus Park Ninety-eight(98)each, Star and Scroll Globe Pole Decoration—2'9"tall and 4'6"wide w/Garland and Bows AREA 4-ART DECO THERMOMETER ON A1A AT LUMMUS PARK Two(2)each Glittered Packages—NOTE: Carry over from 5th & Lennox Fifty 50) C7, 6" Spacing, Light Line with Incandescent bulbs ITB 2014-343-SW 31 MIAMI BEACH GROUP A 1 SECTION 3—ARTHUR GODFREY—INDIAN CREEK/41st STREET AREA 1 —Solar Disc Skylines Two (2) each, Solar Disc Skyline—6'5"tall and 48' wide Four(4)each, Solar Disc Package Scroll Pole Decoration—9'5"tall and 5' wide AREA 2—Banners&Stars Forty-five(45)each, Banners—30"wide and 84"tall Forty-five (45)each, Solar Disc Stars—30" AREA 3—Lighting and Stars Fourteen(14)each,Assorted Glitter Mesh Stars(assorted sizes are 18", 24"&36") GROUP A 1 SECTION 4—COLLINS AVENUE MEDIANS AREA 1 —Median 20—5900 Block Twelve (12)each,Assorted Glitter Mesh Stars(assorted sizes are 18", 24"&3611) AREA 2—Collins Avenue Thirty-two (32)each, Banners—30"wide and 108"tall Thirty-two (32)each, (32) Solar Disc Stars—30" GROUP A 1 SECTION 5—LINCOLN ROAD MALL AREA 1 -Washington Avenue at Lincoln Road Mall Twenty-four(24)each, Assorted Glitter Mesh Stars(assorted sizes are 18", 24"&36") AREA 2-400 Block—West end at Drexel Avenue AREA 3-500 Block East end —at Drexel Avenue AREA 4-500 Block—West end at Pennsylvania Avenue AREA 5-600 Block—East end at Pennsylvania Avenue AREA 6- Between 600 (West End)&700 Block(East End) at Euclid Avenue Twenty-four(24)each, Assorted Glitter Mesh Stars(assorted sizes are 18", 24"&36") AREA 7-700 Block West at Meridian Avenue AREA 8-800 Block East at Meridian Avenue AREA 9-800 Block West at Jefferson Avenue AREA 10-900 Block East at Jefferson Avenue AREA 11 -900 Block West at Michigan Avenue ITB 2014-343-SW 32 MIAMI BEACH AREA 12—1000 Block East at Michigan Avenue AREA 13— 1100 Block—Center Median—Between Lenox Avenue and Alton Road GROUP A 1 SECTION 6—LINCOLN ROAD FROM WASHINGTON AVENUE TO COLLINS AVENUE Eleven (11)each, Banners—30"wide and 84"tall Eleven (11)each, Solar Disc Stars—30" GROUP B 1 SECTION 1 —MIAMI BEACH CITY HALL One(1)each, (1) 28' Rocky Mountain Pine Tree with Trim Twenty(24)each, Icicle Panels—5' wide and 3'tall Sixteen (16)each, Building Front Glitter Filled Stars—24" Eight(8)each, Building Front Glitter Filled Stars—36" Two (2)each, Building Glitter Filled Packages—3'3"wide and 5'tall Twenty-four(24)each, Assorted Glitter Mesh Stars(assorted sizes are 18", 24"& 3611) Building Front Light Line Tubes—Approximately 2,000 feet GROUP B 1 SECTION 2—ESPANOLA WAY Eighteen (18) each, Star and Scroll Globe Pole Decoration—2'9"tall and 4'6"wide With Garland and Bows GROUP B 1 SECTION 3—LINCOLN ROAD WEST OF ALTON TO WEST AVENUE Twenty-four(24)each, Assorted Glitter Mesh Stars(assorted sizes are 18", 24"&36") Four(4)each, Banners-30"wide and 84"tall Four(4)each, Solar Disc Stars-30' GROUP° RENTAL Specifications for LED Rental Light Sets (50 lights per set) • Constructed with a coaxial connection and a threaded coupling cap to reinforce end-to-end bond. • Ground Fault Interrupter(GFI) safety feature designed to prevent shock hazard, and to reduce tripping compared to a standard incandescent light set. • Injection Molded bulbs and sockets •Water-tight/non-replaceable bulbs Salt-water resistant connections • Long-lasting, low-maintenance, energy-efficient • Bulbs are cool to the touch The LED lens style shall be"Conical" The color shall be"Warm White" ITB 2014-343-SW 33 MIAMI BEACH GROUP C 1 SECTION 1 -MAIN ENTRIES AREA 1 - 1-195-41 St Street-Julia Tuttle Causeway 108/each LED Spiral Wraps(50 lights per set) AREA 2-Normandy Isle-71 St Street Seventy-two(72)each, LED Spiral Wraps (50 lights per set) 100/each, LED Fronds (50 lights per set) AREA 3-5th Street and Lenox Avenue Eighteen (18) LED Spiral Wraps(50 lights per set) GROUP C/SECTION 2-STREET DECOR N/A GROUP C 1 SECTION 3-ARTHUR GODFREY- INDIAN CREEK/41st STREET Lighting and Stars Ninety-eight(98)each, LED Spiral Wraps (50 lights per set) 175/each, LED Fronds(50 lights per set) GROUP C 1 SECTION 4-COLLINS AVENUE MEDIANS N/A GROUP C/SECTION-S-LINCOLN ROAD MALL Washington Avenue West to Alton Road 1,066/each LED Spiral Wraps (50 lights per set) 916/each, LED Fronds(50 lights per set) Seventy(70)each LED Trunk Wraps(50 lights per set) 450/each, LED Scatter Sets(50 lights per set) 220/each C-7 Perimeter Lighting, 12"spacing white cord (50 lights per set) GROUP C/SECTION 6-LINCOLN ROAD FROM WASHINGTON AVE TO COLLINS AVE N/A GROUP C/SECTION 7-NORMANDY FOUNTAIN-71St STREET 140/each, LED Spiral Wraps(50 lights per set) 250/each, LED Fronds(50 lights per set) 450/each, LED Scatter Sets(50 lights per set) GROUP D 1 SECTION 1 -MIAMI BEACH CITY HALL 160/each, LED Spiral Wraps(50 lights per set) Eighty(80)each LED Fronds (50 lights per set) GROUP D 1 SECTION 2-ESPANOLA WAY N/A ITB 2014-343-SW 34 MIAMI BEACH GROUP D 1 SECTION 3—LINCOLN ROAD WEST OF ALTON TO WEST AVENUE 160/each, LED Spiral Wraps(50 lights per set) 80/each, LED Fronds(50 lights per set) GROUP e INSTALLATION OF • eA Specifications for LED Rental Light Sets (50 lights per set) • Constructed with a coaxial connection and a threaded coupling cap to reinforce end-to-end bond. Ground Fault Interrupter(GFI) safety feature designed to prevent shock hazard, and to reduce tripping compared to a standard incandescent light set. - Injection Molded bulbs and sockets Water-tight/non-replaceable bulbs Salt-water resistant connections • Long-lasting, low-maintenance, energy-efficient • Bulbs are cool to the touch The LED lens style shall be"Conical" The color shall be"Warm White" GROUP E 1 SECTION 1 —MAIN ENTRIES 1-195—41 st Street—Julia Tuttle Causeway Sixty-three (63) each LED Spiral Wraps (50 lights per set) GROUP E 1 SECTION 2- Normandy Isle—71st Street Thirty(36) LED Spiral Wraps(50 lights per set) 100/each LED Fronds(50 lights per set) GROUP E 1 SECTION 3-ARTHUR GODFREY— INDIAN CREEK141st STREET Lighting and Stars Fifty-seven (57)each LED Spiral Wraps(50 lights per set) 175/each LED Fronds(50 lights per set) GROUP E 1 SECTION 4- LINCOLN ROAD MALL Washington Avenue West to Alton Road 615/each LED Spiral Wraps(50 lights per set) 916/each LED Fronds(50 lights per set) Forty-two (42) each LED Trunk Wraps 260/each LED Scatter Sets(50 lights per set) 2770/each C-7 Perimeter Lighting, 12"spacing white cord (50 lights per set) GROUP E 1 SECTION 5- LINCOLN ROAD FROM WASHINGTON AVE TO COLLINS AVE (New Area-No visible outlets) 144/each LED Spiral Wraps Seventy(70)each LED Fronds(50 lights per set) ITB 2014-343-SW 35 MIAMI BEACH GROUP E 1 SECTION 6- LINCOLN ROAD WEST OF ALTON TO WEST AVENUE 92/each LED Spiral Wraps(50 lights per set) 80/each LED Fronds(50 lights per set) GROUP E 1 SECTION 7- NORMANDY FOUNTAIN AREA—71st STREET Eighty-two(82)each LED Spiral Wraps (50 lights per set) 250/each LED Fronds (50 lights per set) 260/each LED Scatter Sets(50 lights per set) GROUP E 1 SECTION 8- MIAMI BEACH CITY HALL 92/each LED Spiral Wraps(50 lights per set) 80/each LED Fronds (50 lights per set) GROUP E 1 SECTION 9- LINCOLN ROAD EAST OF ALTON (New Area-No visible outlets) 135/each LED Spiral Wraps(50 lights per set) GROUP E 1 SECTION 10- NORMANDY FOUNTAIN (STRUCTURE) Eight(8)each LED Wall Washers (50 lights per set)-Controller for color changes GROUP E 1 SECTION 11 -ESPANOLA WAY WEST OF WASHINGTON AVENUE TO PENNSYLVANIA AVENUE 92/each LED Spiral Wraps(50 lights per set) 80/each LED Fronds(50 lights per set) ITB 2014-343-SW 36 MIA/VII BEACH APPENDIX D m MIAMI BEACH Special Conditions ITI3 2014-343-SW RENTAL OF HOLIDAY DECORATIONS PROCUREMENT DEPARTMENT 700 Convention Center Drive Miami Beach, Florida 33139 ii8 2014-343-SW 37 1. TERM OF CONTRACT. The Contract shall commence upon the date of notice of award and shall be effective for three (3)years. 2. OPTIONS TO RENEW. The City, through its City Manager, will have the option to extend for two(2) additional one(1) year periods, subject to the availability of funds for succeeding fiscal years. 3. PRICES SHALL BE FIXED AND FIRM: All prices quoted in the awardee's bid submittal shall remain firm and fixed, unless amended in writing by the City. 3.1 COST ESCALATION. Prices must be held firm during the initial term of the agreement. During the renewal term, the City may consider prices increases not to increase the applicable Bureau of Labor Statistics (www.bls.gov) CPI-U index or 3%, whichever is less. The City may also consider increases based on mandated Living Wage increases. In considering cost escalation due to Living Wage increases, the City will only consider the direct costs related to Living Wage increases, exclusive of overhead, profit or any other related cost. 4. EXAMINATION OF FACILITIES. The City reserves the right to inspect this facility at any period during the contract term. 5. PERFORMANCE BOND. INTENTIONALLY OMMITTED. 6. REQUIRED CERTIFICATIONS. INTENTIONALLY OMMITTED. 7. SHIPPING TERMS. F.O.B. DESTINATION. 8. DELIVERY REQUIREMENTS. The successful bidder will be required to deliver the goods to final destination inclusive of unloading all products and placing in designated storage area. 9. WARRANTY REQUIREMENTS. The successful bidder will be required to warranty all equipment and parts supplied. The successful bidder must accept return for full credit for items shipped in error or damaged in shipment. The City of Miami Beach shall return items in an "as received"condition. 10. BACKGROUND CHECKS: INTENTIONALLY OMMITTED 11. VALUE: No guarantee as to the dollar amount of this bid is given or implied. Estimates in the Bid Price Form are strictly for evaluative purposes and may not represent actual work awarded to Contractor(s) under this contract. 12. LIQUIDATED DAMAGES: Upon notification of the actual "turn-on date" by the City, the awarded contractor is required to turn on all decorations no later than 6:OOp.m., on the date specified. In the event that all lights and decorations are not displayed and properly illuminated by 6:OOp.m., on the "turn-on date" the City will apply liquidated damages of$1,000 per day, for each day that the aforementioned referenced services are not provided. MA"ill BEACH APPENDIX E MIAMI BEACH Bid Tender Form ITB 2014-343-SW RENTAL OF HOLIDAY DECORATIONS PROCUREMENT DEPARTMENT '. 1700 Convention Center Drive Miami Beach, Florida 33139 MIMAI BEACH BID TENDER FORM (FAILURE TO SUBMIT WITH THE BID WILL DEEM BIDDER NON-RESPONSIVE) GROUP • e • ® • The:City D• • -s • • • section Area Yearl Cost Quantity Total A 1 — Main Entries 1 —Julia Tuttle Cs $ /YR 3 Years $ 2— Normand Isle $ /YR 3 Years $ 3— MacArthur $ /YR 3 Years $ A 2—Street Decor 1 —Washington b/ $ /YR 3 Years $ 5th & 16th 2—Collins b/ $ /YR 3 Years $ 61St& 76th 3— 71 s b/Collins & $ /YR 3 Years $ Rue Versailles 4—Ocean Drive/ $ /YR 3 Years $ Lummus Park 5—Art Deco Thermo $ /YR 3 Years $ A 3—41St Street 1 — Solar Discs $ /YR 3 Years $ 2— Banners & Stars $ /YR 3 Years $ 3— Li htinin & Stars $ /YR 3 Years $ A 4—Collins Medians 1 — 5900 Block $ /YR 3 Years $ Median 2—Collins Avenue $ /YR 3 Years $ A 5— Lincoln Road 1 —Washington Ave $ /YR 3 Years $ 2—400 Blk @ Drexel $ /YR 3 Years $ 3— 500 Blk @ Drexel $ /YR 3 Years $ 4— 500 Blk @ Penn $ /YR 3 Years $ 5—600 Blk @ Penn $ /YR 3 Years $ 6— b/600 & 700 Blks $ /YR 3 Years $ Meridian 7— 700 Blk @ $ /YR 3 Years $ Meridian 8—800 Blk @ $ /YR 3 Years $ Meridian 9—800 Blk @ $ /YR 3 Years $ Jefferson 10— 900 Blk @ $ /YR 3 Years $ Jefferson 11 — 900 Blk @ $ /YR 3 Years $ Michigan 12— 1000 Blk @ $ /YR 3 Years $ Michigan 13— 1100 Blk Center $ /YR Median b/ Lenox & MIAMI BEACH Alton A 6— Lincoln b/ 1 — Banners & Discs $ /YR Washington &Collins SUBTOTAL GROUP A • . n —,SUPPLEMENTAL OWNED HOLIDAY The City DOES currently own this equipment. B 1 —City Hall Tree & Various $ /YR 3 Years $ Displays 2— Espanola Way Various Displays $ /YR 3 Years $ 3— Lincoln b/Alton & Various Displays $ /YR 3 Years $ West SUBTOTAL GROUP B GROUP OFLED LIGHT SETS The City DOES NOT,currently;own this -• e C 1 — Main Entries 1 —Julia Tuttle Cs $ /YR 3 Years $ 2— Normand Isle $ /YR 3 Years $ 3— MacArthur $ /YR 3 Years $ 2—Street Decor 3—41St Street Various Displays $ /YR 3 Years $ 4—Collins Medians 5 - Lincoln Road Various Displays $ /YR 3 Years $ 6— Lincoln b/ Washington &Collins 7— Normandy Various Displays $ /YR 3 Years $ Fountain SUBTOTAL GROUP C GROUP RENTAL OF The City DOES ,NOT own this equipment. D 1 —City Hall Tree & Various $ /YR 3 Years $ Displays 2— Espanola Way 3— Lincoln b/Alton & Various Displays $ /YR 3 Years $ West SUBTOTAL GROUP D GROUP . . OWNED HOLIDAY DISPLAYS The City D• • equipment. E 1 — Main Entries $ /YR 3 Years $ 2— Normandy Isle $ /YR 3 Years $ 3—41 St Street $ /YR 3 Years $ 4— Lincoln Road $ /YR 3 Years $ 5— Lincoln b/ $ /YR 3 Years $ Washington &Collins 6— Lincoln b/Alton & $ /YR 3 Years $ West 7— Normandy $ /YR 3 Years $ Fountain Area 8—City Hall $ /YR 3 Years $ 9— Lincoln East of $ /YR 3 Years $ I MIAMI BEACH Alton 10— Normandy $ NR 3 Years $ Fountain 11 — Espanola Way $ NR 1 3 Years $ SUBTOTAL GROUP E GROUP FOR • -EQUIPMENT The City currently owns a significant number of holiday decorations,for which the City has engaged a contractor ($ to provide storage of the owned product during those time when the decorations are not on display. However, it is the goal of the City to cease ownership of holiday decorations in lieu of a seasonal rental agreement that may result from this ITB. The City anticipates transferring ownership of the owned holiday decorations to the successful bidder to this ITB. For the owned inventory, Bidder are requested to provide the amount that they will offer to the City for the transfer of ownership of owned holiday decorations in the space provided herein. TOTAL BID (GROUPS Bidder proposes to furnish all labor, machinery, tools, means of transportation, supplies equipment, materials, services and all incidentals necessary for the installation, and removal of the City's Holiday Decorations as specified herein. Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: MIAA\N BEACH APPENDIX F MIAMI BEACH Insurance Requirements ITB 2014-343-SW RENTAL OF HOLIDAY DECORATIONS PROCUREMENT DEPARTMENT 1700 Convention Center Drive Miami Beach, Florida 33139 MIAMI BEACH INSURANCE The vendor shall furnish to the Department of Procurement, City of Miami Beach, 1700 Convention Center Drive, 3 I Floor, Miami Beach, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. B. Commercial General Liability Insurance on a comprehensive basis, to include Contractual Liability, and Products/Completed Operations, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. City of Miami Beach must be included as an additional insured with respect to this coverage. A Waiver of Subrogation in favor of the City is required. C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $500,000 combined single limit per occurrence for bodily injury and property damage. Insurance required above must include a Waiver of Subrogation in favor of the City. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in.insurance shall be made without thirty (30) days in advance notice to the certificate holder. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE 3rd FLOOR MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. MIAMI BEACH " REVISED" Bid Tender Form ITB 2014-343-SW RENTAL OF HOLIDAY DECORATIONS PROCUREMENT DEPARTMENT 1700 Convention Center Drive Miami Beach, Florida 33139 BID TENDER FORM "REVISED" (FAILURE TO SUBMIT WITH THE BID WILL DEEM BIDDER NON-RESPONSIVE) GROUP AQWN-E;D HOLIDAY DISPLAYS The City DOES 0 0 Section A 1 —Main Entries 1 —Julia Tuttle Cswy $ 3 Years $ /YR 2—Normandy Isle $ 3 Years $ /YR 3—MacArthur $ 3 Years $ /YR A 2—Street Decor 1 —Washington b/ $ 3 Years $ 5th& 16th /YR 2—Collins b/ $ 3 Years $ 61 st& 76th /YR 3—71 s b/Collins & $ 3 Years $ Rue Versailles /YR 4—Ocean Drive/ $ 3 Years $ Lummus Park /YR 5—Art Deco Thermo $ 3 Years $ /YR A 3—41 S Street 1 —Solar Discs $ 3 Years $ /YR 2— Banners &Stars $ 3 Years $ /YR 3—Lightining & $ 3 Years $ Stars /YR A 4—Collins Medians 1 —5900 Block $ 3 Years $ Median /YR 2—Collins Avenue $ 3 Years $ /YR A 5—Lincoln Road 1 —Washington Ave $ 3 Years $ /YR 2—400 Blk @ $ 3 Years $ Drexel /YR 3—500 Blk @ $ 3 Years $ Drexel /YR 4—500 Blk @ Penn $ 3 Years $ /YR 5—600 Blk @ Penn $ 3 Years $ /YR 6—b/600 & 700 $ 3 Years $ Blks @ Meridian /YR 7—700 Blk @ $ 3 Years $ Meridian /YR 8—800 Blk @ $ 3 Years $ Meridian /YR 9—800 Blk @ $ 3 Years $ Jefferson /YR 10—900 Blk @ $ 3 Years $ Jefferson /YR 11 —900 Blk @ $ 3 Years $ Michi an /YR 12— 1000 Blk @ $ 3 Years $ Michigan /YR 13— 1100 Blk Center $ Median b/ Lenox& /YR Alton A 6—Lincoln b/ 1 —Banners & Discs $ Washington & /YR Collins SUBTOTAL GROUP A • . —SUPPLEMENTAL OWNED HOLIDAY DISPLAYS The City DOES currently own ffiis equipmen B 1 —City Hall Tree &Various $ 3 Years $ Displays /YR 2— Espanola Way Various Displays $ 3 Years $ /YR 3—Lincoln b/Alton Various Displays $ 3 Years $ &West /YR SUBTOTAL GROUP B GROUP RENTAL • 1 LIGHT SETS The City DOES NOT • equipment. C 1 —Main Entries 1 —Julia Tuttle Cswy $ 3 Years $ /YR 2—Normandy Isle $ 3 Years $ /YR 3—MacArthur $ 3 Years $ /YR 2—Street Decor 3—41 S Street Various Displays $ 3 Years $ /YR 4—Collins Medians 5- Lincoln Road Various Displays $ 3 Years $ /YR 6—Lincoln b/ Washington & Collins 7—Normandy Various Displays $ 3 Years $ Fountain /YR SUBTOTAL GROUP C GROUP: OF The City DOES NOT own this eqUipment, D 1 —City Hall Tree &Various $ 3 Years $ Displays /YR 2— Espanola Way 3—Lincoln b/Alton Various Displays $ 3 Years $ &West /YR SUBTOTAL GROUP D GROUP E,—SUPPLEMENTAL OWNED HOLIDAY DISPLAYS The City DOES currently own this equipment. E 1 —Main Entries $ 3 Years $ /YR 2—Normandy Isle $ 3 Years $ /YR 3—41 S Street $ 3 Years $ /YR 4—Lincoln Road $ 3 Years $ /YR 5—Lincoln b/ $ 3 Years $ Washington & /YR Collins 6—Lincoln b/Alton $ 3 Years $ &West /YR 7—Normandy $ 3 Years $ Fountain Area /YR 8—City Hall $ 3 Years $ /YR 9—Lincoln East of $ 3 Years $ Alton /YR 10— Normandy $ 3 Years $ Fountain /YR 11 — Espanola Way $ 3 Years $ /YR SUBTOTAL GROUP E GROUP REBATE S s • , EQUIPMENT The City currently owns a significant number of holiday decorations,for which the City has engaged ($ a contractor to provide storage of the owned product during those time when the decorations are not on display. However, it is the goal of the City to cease ownership of holiday decorations in lieu of a seasonal rental agreement that may result from this ITB. The City anticipates transferring ownership of the owned holiday decorations to the successful bidder to this ITB. For the owned inventory, Bidder are requested to provide the amount that they will offer to the City for the transfer of ownership of owned holiday decorations in the space provided herein. BID TOTAL (GROUPS : e DATE CONTRACTOR REQUIRES NOTICE FROM CITY OF THE TYPES OF DECORATIONS THE CITY WILL USE EACH YEAR: Bidder proposes to furnish all labor, machinery, tools, means of transportation, supplies equipment, materials, services and all incidentals necessary for the installation, and removal of the City's Holiday Decorations as specified herein. Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: F ATTACHMENTS C ITB- 2014-343-SW FURNISH AND INSTALL HOLIDAY DECORATIONS CHRISTMAS DESIGNERS INC. • 3124 NW 16TH TERRACE POMPANO BEACH, FL 33064 3124 NW 16'"Temce 0 Pompano Beach, FL JiIXW 0 (954)973-4225 0 1-800-432-5139 0 FAX(954)973-0914 � www.ChristmasDesigners.com MIAMI BEACH APPENDIX "A" MIAMI BEACH Bid Certification ,, Questionnaire & Requirements Affidavit • ITB-201 4-343 RENTAL OF HOLIDAY DECORATIONS PROCUREMENT DEPARTMENT 1700 Convention Center Drive Miami Beach, Florida 33139 i?82014]4 SVJ 19 MIAMIBEACH Solicitation No: Solicitation Title: ITB No.2014-343-SW RENTAL OF HOLIDAY DECORATIONS Procurement Contact: Tel: Email: Lourdes Rodriguez 305.673.7000 x 6652 lourdesrodriguez@miamibeachfl.gov BID CERTIFICATION, QUESTIONNAIRE&REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME:C4n (STMA-C-> T��i�-S ��✓ No of Years in Business: 2/ ``� N of Years ir�Business Locally: No.of Employees OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: N TZA7—P17-11 15E-5 FIRM PRIMARY ADDRESS(HEADQUARTERS): 312-4- N 1'--i 16 -Ft't Tt,(-C-A C:�F, CITY: PC"'-4 PANS�+ STATE:f L-0 I-t CAA ZIP CODE: -3 6 4— TELEPHONE NO.: ct(!-2+ . J / Z 2 - 014-S TOLL FREE NO.: (p J (b cc.) • 43S • 513 FAX NO.: 'R54 • 1-73 ' 01(4- FIRM LOCAL ADDRESS: �3 12-4- N 4'Y C--r++ To 9-F,A LE CITY: a"P^N STATE: l ZIP CODE: C PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: • ACCOUNT REP TELEPHONE NO.: dl�4-. / Z( A-c;�p ACCOUNT REP TOLL FREE NO.: ?wc - 4-3 S . S 1 341 ACCOUNT REP EMAIL: `�1 l c.� ,V'i Sl rv,to S Ae S tl -C . 4,0 h/t 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. ITB 2014-343-SW 20 • • MIAMI BEACH 1. Veteran Owned Business. Is Proposer claiming a ve an owned business status? YES NO SUBMITTAL REQUIREMENT: Proposers 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,as amended. 2. Conflict Of Interest. All Proposers must disclose, in their Proposal, 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 Proposers 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: Proposers 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. Proposers 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 3. References & Past Performance. Proposer shall submit at least three 3 references for P ( ) 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. 4. Suspension,Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to no rformance by any public sector agency? 0 YES NO SUBMITTAL REQUIREMENT: If answer to above is"YES,"Proposer shall submit a statement detailing the reasons that led to action(s). 5. Litigation History.Proposer shall submit a statement of any litigation or regulatory action that has been filed against your firm(s) in the last five years. If an action has been filed, state and describe the litigation or regulatory action filed, and identify the court or agency before which the action was instituted,the applicable case or file number,and the status or disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s),provide a statement to that effect. If"No"litigation or regulatory action has been filed against your firm(s), please provide a statement to that effect. Truthful and complete answers to this question may not necessarily disqualify a firm from consideration but will be a factor in the selection • process. Untruthful,misleading or false answers to this question shall result in the disqualification of the firm for this project. SUBMITTAL REQUIREMENT: Proposer shall submit history of litigation or regulatory action filed against proposer, or any proposer team member firm, in the past 5 years. If Proposer has no litigation history or regulatory action in the past 5 years,submit a statement accordingly. 6. Vendor Campaign Contributions. Proposers 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. Proposers 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 Proposals,in the event of such non-compliance. 0 i v19\JLv ITB 2014-343-SW 21 • • MIAMI BEACH 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 City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Department of Procurement Management with its proposal/response 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.miamibeachfi.gov/procurement/. 8. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, Proposers 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). I Proposers'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,miamibeachfl.gov/procuremenY. 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 NO B. Does your company provide r offer access to any benefits to employees with (same or opposite sex) domestic partners*or to do stic partners of employees? YES NO ITB 2014-343-SW 22 • • MIAMI BEACH 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 S ou s 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.miamibeachfl.gov/procurement/. 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, proposals, 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. 287.017 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 Proposers 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, Proposers 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. ITB 2014-343-SW 23 • • /\iIAMI BEACH DISCLOSURE - 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 Proposals made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall d s a 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 proposals,may accept or reject proposals, and may accept proposals 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 Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal 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 Proposers. 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 y o 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. Proposers 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 Proposal conforming to these requirements will be selected for consideration,negotiation,or approval. The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be 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 Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. 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 Proposers will be bound only as, if and when a Proposal (or Proposals), 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 Proposals and supporting documents shall be subject to disclosure as required by such law.All Proposals 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. • Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal,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 Proposal,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 Proposal is true, accurate and complete,to the best of its knowledge,information,and belief. Notwithstanding the foregoing or anything contained in the solicitation,all Proposers 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. ITB 2014-343-SW 24 • • MIAMBEACM I hereby certify that: I, 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 Proposers 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 Proposal Certification,Questionnaire and Requirements Affidavit are true and accurate. • Name of Proposer's Authorized R ep resentative: Title of P roposer's Authorized Representative: PAOI�A4 Signatu0b of Proposer's Authorized Representative: Date: State of FL-0 Q-t bA ) On this day of 0-1;f $0 I` personally appeared before me K� LjDvX' o County of*-GWay ) stated that (s)he is the of0w�-SI, SI,e56 -e 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.Wore me: Notary Public for thV State of F�Iorid �`µY�u44• PATRKYA LANCE My Commission Expires: 3 d fs * * MY COMMISSION 1 FF 100078 EXPIRES:March 10,2018 aw1 Tft 6W0 NWy Services • ITB 2014-343-SW 25 • MIAMIBEACH ' City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT ; Tel: 305-673-7490 Fax: 786-394-4075 9 ADDENDUM NO. 1 � INVITATION TO BID (ITB) NO. 2014-343-SW FOR FURNISH AND INSTALLATION OF HOLIDAY DECORATIONS (the ITB) September 24, 2014 I This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only. Underline g p y denotes additions StFike thmugh denotes deletions. i I I. REVISIONS: ' Appendix C, Minimum Requirements & Specifications, Holiday Decoration Inventory and 1 Installation Locations, page 36, Group E/Section 7 — Normandy Fountain Area — 71" Street, has been revised as follows: Eighty-two (82) each LED Spiral Wraps Its-peg seta j 250/each LED Fronds(50 lights peF set) 260/each LED Scatter Sets(50 li Per set) 1 I II. RESPONSES TO QUESTIONS RECEIVED: Q1. Under minimum requirements, CIA, Similar Experience; the City states that prospective bidder should provide evidence of similar type products and/or services consisting of a list of contracts for having provided holiday d6cor installation to public and/or private sector clients, from three (3) references within j the last five (5) years. If prospective bidder has been a subcontractor would in providing this type of services would this qualify for this criteria? i Al. Yes. I Q2. Has the City determine a date certain for holiday lights and decorations to be I turned on? What is the start date? l A2. The date that all decorations must be installed is December 1, 2014, with the tree lighting ceremony at City Hall on December 2, 2014. i Q3. Which palm trees at the Welcome to Miami Beach sign at Julia Tuttle Causeway and 41 Street are to be decorated with the LED lights? i A3. The palm trees have been identified and have a crown at the top and are located at each side of the sign. i • Addendum No.1 ITB 2014-343-SW Q4. On Appendix E, Group F, rebate for owned equipment, that is for the purchase of the City owned equipment correct? A4. Yes, this is for prospective bidders to provide an amount that they will offer the City for the transfer of ownership of owned holiday decorations. Q5. Is maintenance and refurbishment cost included in this contract? A5. Since the City will no longer have ownership of the holiday decorations this cost is not applicable. • Q6. Will the City ensure that all areas are energized in time for the decorations to be turned on by 6 pm? A6. Yes, the City will ensure that all areas are energized in order for the decorations to be turned on by 6 pm, as required. Q7. Was there any notable maintenance issues last year? A7. The area on the north end by the fountain which where electrical issued that have been addressed, and Lummus Park because its incandescence and the conditions of the electrical supply. The problems were mainly issues with the Ground Fault Interrupters (GFI). Q8. Please define "Spiral Wrap". A8. Line of lights wrapped around a tree or object starting at the bottom moving u ; starting J g 9 p, 9 at top moving down Q9. Will the City select which trees in each section are to be "spiral wrapped"? In the alternative, if contracot is intended to select trees, please specifically state and/or clarify that spiral wrapped trees are to be selected by contractor based on their design experience. A9. The contractor shall use what is specified in group/section. An emphasis on clustering from front to back when in groups is desirable. It will be left up to the contractor's professional experience to aesthetically balance the outcome of illumination. i a Q10. Please clarify if the City expects a certain number of light sets per tree. A10. The contractor shall use what is specified for each group/section and divide the lights up evenly per tree. Q11. Please define "LED Fronds" as referenced throughout Appendix C. A11. LED Fronds are those branches extending from palm rrees that will receive LED lighting strands. 1q 9 2 1 P a g e i Addendum No. 1 ITB 2014-343-SW Q12. How many fronds are to be illuminated per tree? If contractor is expected to select the quantity, please state contractor will select number and location of fronds based on design experience. Al2. The number of fronds to be illuminated will be accomplished based on the directive provided within each group/section. The total number of strand/lights will be divided equally throughout the location. Q13. Light sets specifications, Group C and Group E, there is no spacing between lights specification, 4" or 6" is common. Four (4) inches provides a better covering of lights on the trees and more elegant display. If Miami Beach has not determined the spacing between lights, it is recommended that the City uses 4" spacing so trees are brighter. • A13. The City requires a 4"—6" spacing. Q14. Does the City have a recommended spacing between light strings when wrapping palm trees? A14. See response to Question Number 13. I Q15. Please define "Scatter sets as referenced Group C—Section 7. If vendor is expected to select the location and item to install "Scatter Set", please state this. A15. Scatter sets are illuminating light sets. Scatter sets will be installed at location defined as Group C—Section 7. Q16. Please clarify where and what "Scatter sets" are to be installed for Group E— Section 7. ; A16. Scatter sets are illuminating light sets that will be installed underneath the Oak Tress at twenty-five (25) sets per tree for a total of nine (9) trees. Q17. Please define the product "C-7 Perimeter Lighting 12, spacing white cord (50 ; lights per set)" as referenced in Group C, Section 5 and Group E, Section 4. Please clarify if this is a 50 light per set product or an individual C7 light bulb with ' cable? Does the City want 2770 strands of 50 or 2770 individual bulbs of C7 lights? i A17. The product C-7 Perimeter Lighting 12, spacing white cord (50 lights per set)" as referenced in Group C, Section 5 and Group E, Section 4, is defined as 2770 strands/50 lights per strand. i Q18. Are all supplies and hardware required to install City owned decor supplied by the City? p iI u A18. Contractor is responsible for all hardware and supplies to install City owned and rented decor throughout. 3 1 P a g e • • Addendum No. 1 ITB 2014-343-SW Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado @miamibeachfl.gov Contact: Telephone: Email: Lourdes Rodriguez 305-673-7000 ext. 6652 LourdesRodriguez @miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Since ely • Alex is Pr cu ment Director ' I ` I Y 7 7 I Y 1 1� i 1 4 Page • MIAMIBEACH City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachf.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 Fax: 786-394-4075 i ADDENDUM NO. 2 INVITATION TO BID (ITB) NO. 2014-343-SW FOR FURNISH AND INSTALLATION OF HOLIDAY DECORATIONS (the ITB) September 25, 2014 1 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only. i I. RESPONSES TO QUESTIONS RECEIVED: I Q1. Prospective Bidder needs to know a date that the city will commit to what { decorations they plan to rent from the successful bidder in any particular year of the contract. The reason for this information is so important is to allow us to put ' any decor that the City may choose not to rent out on the open rental market for the private sector. Since the City is requesting that the vendor purchase all of the decorations Prospective Bidder will need the option to rent any surplus decor that j the City may choose not to utilize. Al. Prospective Bidders should provide a statement in their bid response as to the date contractor requires notice from the City of the types and quantities of decorations the City will use each year. -JULY 1 st of each year is the date we require notice from the City for quantities of decorations. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado @miamibeachfl.gov Contact: Telephone: Email: i Lourdes Rodriguez 305-673-7000 ext. 6652 LourdesRodriguez @miamibeachfl.gov i • I Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission, i lex s i rocurement Director I • MIAMIBEACH APPENDIX C m /VII /EMI BEACH Minimum Requirements & Specifications ITB-2014-343 RENTAL OF HOLIDAY DECORATIONS PROCUREMENT DEPARTMENT 1700 Convention Center Drive fb Miami Beach, Florida 33139 lib 2014343SW 28 INSTALLATION, REMOVAL AND STORAGE OF HOLIDAY DECORATIONS ITB # 2014-343-SW BID OPENING — September 10, 2014 Executive Summary Christmas Designers, Inc. has been involved in the South Florida business community since 1979. The Company has always maintained a reputation for providing only the highest quality of products and services. We are experienced with the logistics of the Miami Beach account including - Power requirements and locations - Special installation procedures per location - Specialized procedures to maintain like new condition for term of contract of all custom designed displays & materials Designer supervision of installations to maintain visual design integrity of the displays - Superior storage and handling of all materials - Storage facility is a Category 5 rated structure With our 18 year experience with the City of Miami Beach, we are fully versed in the intricacies of Miami Beach's Holiday Program. Our superior design, production, installation, maintenance and storage capabilities make us the premier decorating and lighting company in South Florida. We look forward to continuing our relationship with the City of Miami Beach and providing the finest and most unique holiday d6cor program in the state. Sincerely, Kevin Long President 3124 NW 16`h Terrace • Pompano Beach, FL 33064 • (954)9734225 0 1-800-432-5139 • FAX (954)973-0914 www.ChristmasDesigners.com INSTALLATION, REMOVAL AND STORAGE OF HOLIDAY DECORATIONS ITB -2014-343-SW • Give references as to experience,ability,and financial standing Christmas Designers, Inc. is a Family owned business with over 30 years of commercial Christmas Decorating experience. Our experience began back in the mid 70's with the National Enquirer Christmas Spectacle of Lights and currently includes city and resort work. Christmas Designers has been an exclusive representative of Crystal Valley Decorating out of Albany, Oregon since 1994 (contact: Russ Milstein 541-924-0700). For financial standing information, please contact Teresa Salemi, VP, Business Development Officer-PNC Bank (954) 233-4065 and/or Tad Williams, CPA, Keefe, McCullough & Co. at (954) 771-0896. Credit references are available upon request. 3124 NW 16`h Terrace • Pompano Beach, FL 33064 • (954)973-4225 • 1-800-432-5139 • FAX(954) 973-0914 www.ChristmasDesigners.com i _ REFERENCES Kennedy Space Center Zachary Bosch, Consumer Events Manager DNC Parks & Resorts at KSC, Inc. Kennedy Space Center, FL 32899 Phone: (321) 449-4311 Email: zbosch@dncinc.com Scope of Services: 4 Years of Service. Full structural d6cor with custom NASA sphere and custom lighting throughout the center for their `Holidays in Space' theme. Benderson Development Jerry Bouche, Regional Director Property Management 8441 Cooper Creek Blvd University Park, FL 34201 Phone: (941) 400-6942 Email: .GJB@Benderson.com Scope of Services: 4 Years of Service. Installation, Removal and Maintenance of all custom decorations and lighting. • Stiles — Las Olas City Center Judy Carter ,RPA, Senior Property Manager 401 E. Las Olas Blvd. Fort Lauderdale, FL 33301 Phone: (954) 525-9316 Email: Judy.Carter@ stiles.com Scope of Services: 14 Years of Service. Installation, Removal and Maintenance of all custom decorations and lighting. 3124 NW 16`h Terrace • Pompano Beach, FL 33064 • (954)973-4225 • 1-800-432-5139 • FAX (954)973-0914 www.ChristmasDesigners.com • REFERENCES - continued • Gaylord Palms Resort & Convention Ctr. Randolph Borden, Director of Special Events and Entertainment 6000 West Osceola Parkway Kissimmee, Florida 34746 Phone: (407) 586-0705 Fax: (407) 407-586-0179 Email: RBorden @ gaylordhotels.com Scope of Services: 10 Years of Service. Multiple Exterior building front displays. Creating ice castle effect for Gaylord Palms premier event — ICE. Perimeter and tree lighting throughout the property. 54' Spectacular Atrium tree with ceiling lights and custom oversized ornaments. Town of Palm Beach Brett E. Madison, Facilities Maintenance Division Manager 951 Old Okeechobee Road, West Palm Beach, FL 33401 Phone: (561) 227-7018 Fax: (561) 835-4691 Email: BMadison @townofpalmbeach.com Scope of Services: 15 Years of Service. 3 various sized Christmas trees — Installed, removed and maintained. Palm tree lighting and pole d6cor throughout the City. • 3124 NW 16`h Terrace • Pompano Beach, FL 33064 • (954)973-4225 • 1-800-432-5139 • FAX (954) 973-0914 www.ChristmasDesigners.com NOTE91 CHRISTMAS DESIGNERS DOES NOT USE ANY SUB CONTRACTORS, ALL WORK COMPLETED IS IN-HOUSE. • 3134 NW Ifi°Terrece 0 Pompano Beach, FL 3WOfid 0 (9ma e � 9'l3-0225OT1-800.432-5139 o FAX (954)413-0914 KENNEDY SPACE • CENTER CONTACT: Zachary Bosch TITLE: Consumer Events Manager ADDRESS: DNC Parks and Resorts at KSC, Inc. Kennedy Space Center, FL 32899 PHONE: 321 -449-4311 • EMAIL: zbosch @dncinc.com 3124 NW 161h Terrace * Pompano Beach, FL 33064 • (954)973-4225 0 I-800-432-5139 0 FAX (954) 973-0914 � www.ChristmasDesigners.com , 'to e i * 46 oop « ' 8 • - a. r .a ie a iP _ -r f 441 AIL f LI tits i,s a�� y 1 l L - �Xnc:�r . l iR 1•. ' i •.- 0 1 S1. R_ I lL ------ i . AT, C`-�y�� .. „I'l`k r.. j - r � 1 ' 0�1�•• � � �..•�� •• �` '^�I .� �� r' ..� ..�• �� _... . �.. •.` '. .._ �'R ' _- •�,� � '�. M •L� ,� � �� t t � `�: ti �� ♦ .+ •:'! _• J•f 'r " •.� -•� • �•r '�' � � � � �.� � �, ,... ._ mo ok t r. a �•. 1 p •.. • f � •• ..1. •. .•� -� �..r ^ • 71.x. • •� • .Y a � 1 •�• ...,1r .7 lit ♦• �` `V • w i• •4 t w •'••�„ , • • t• • : v+ ` 4 SA Ant tg mp � . Fl GAYLORD PALMS RESORT CONTACT: Randolph Borden TITLE: Director of Special Events & Entertainment ADDRESS: 6000 West Osceola Parkway Kissimmee, Florida 34746 • PHONE: 407-586-0705 EMAIL: RBorden@gaylordhotels.com 3124 NW 16th Terrace 0 Pompano Beach, FL. 33064 • (954)973-4225 0 I-800-432-5139 0 FAX (954) 973-0914 � www.ChristmasDesigners.com I y- � j p s M•• / r$ i l i �t S A r ' I ,y, •trN �sss 1, _IL 1 r � • • r *� I� 1 _ R� 'M �f fir.= • r I • t .ryr' ♦I A y,.. , T so �: .... t A/A r • J• fir, `�{'� J1 J l '/.'.�' • ' �� ,I•t•h,.• ♦!•.. .. �. 1 1/1/� fit.... .y. y ': .. . .�, .a` s; ar..,.r;y ,y;'�-'FrJ,. .r •�,5.•� ��`M11!��1r�t+�••1^�7 •,. '•aa��; , _ � fr�''�' S "i�•y.,,tiJ '. �•`'t ti '�'T+ .� a �tl r� .Yr. .i.f.�.� � �\• '� f., � •t'��rJ}�±/t�� {nt 't$f• 1"fr`•�•{T1 �. ...yt}' - •^•'1t+•r.::., � , 1 ' 1 1� v ...�;' t(�+jj'11a�+Tj`•;�i�'�%It1iY�11 v.. •k'^.�i1 r.�1fr11••i}��iM1a.n . 1 1 ! .: .� °••�.,.,.rr.iJ�:'taiir:l:�.l.'i:::rJ:if'i . � ify.'1•'':f.' 1 r k7._ •7. i♦ - i r • f -- • • • +:•.►r �• ••Jlii•:•1'•t:�'•.:>r•r�:•�Y.f♦•tiJt•/.:.'.••{Si• . � ,A .ej.?i!t•4.Ji..:w";1Li•.vif•:r'.iJryJ Iv :1 'law 0 AWl` i .� s•• •t • • - • • 'S•• •••'•11 •� -~•7t/1 :� 1:.f•...nt•.i•.•:•Mf , S 4�.• .• w,, '• ,• •,yy..• . •'�,• �� J. i tIi'VW J� t 0• , r/ • t • .• •,.sue t._ .:,�. •, ..I''�•`�, ',•14f•-':•t,r•.-:%•''Ijr•�;,��•''W 11,�>��'�i1ii't;;' •t• woo _ aL4 �r .•• ..,•*�. _ ••' t. . rte, �� !` 11 y -_ . Id —46b 73 BENDERSON • DEVELOPMENT CONTACT: Jerry Bouche TITLE: Regional Director Property Management ADDRESS: 8441 Cooper Creek Blvd, � University Park, FL 34201 • PHONE: 941-400-6942 EMAIL: GJB @Benderson.com 3124 NW 16th Terrace 0 Pompano Beach, F1, 33064 • (954)973-4225 9 I-800-432-5139 0 FAX (954) 973-0914 � www.ChristmasDesigners.com -,. ' it s - +�F'. I�`I 1, �f � • • � ` ti J .f f y •.ate: r r � � T • .• • • • • f � i • • . t •. � I • *• • ' • 1. w j`r�•••.:� ••`••, •• ' t • JML- M • tl .ref.•i.1• .. +,•.!1•:..... •'•• ':.-4..Z•4•••. ..w.... •if.t�•.5..�'.Z•-,.. j lilt vow vo AF t l .lw ��`�'�:�r,Y fs�.'ti�:..;a...'«''.S':'d`�`�f::'ti.r:��.••~R•'M •T.':i�::t eIM.YMI.r din'.•limy,• ,[�e_ Y _ ' 0 it: ti w��``:. :'� , sr� �r' *� • . ,• �• •. � ✓ � i. ��~• � �� _ � 1� � ; .�i �• • � _ •'• l� � i � / �VV '. � ,, •,,,� , . . •; ,..., M � � �� R �. '•*� 4 :�� 1 ! �' � ',x- �� ,' 1 ..�� .. .� . •, ..� •. . . ..� �r, __ r '. � -— � -�� • • .•� ��` r � '�' .• _ ...� �� .. • ..�- �" � �' � .• ��• � � i I r. ,...�' a� � .�: ._,� . _ r -,� . « �� .. t . • _. • �`� * � � � � • • I � • 1,� ,� s i►+ i• 4b « lip �* dh s Op �.�.�:..•`• �t • � � * • Ste. �. •�•f. .. *�+,• . .a t • � � � tea. 4 'r "a us ad 4 i 1.-SW is Jim t ti. :j; tPw ,Sr 7-Itt tea \. J � 4- y •5- •' . *ro- Awl w y +4F i � w tit - f°r i t ��"all - __ t a L�f >� � v�• a f • j a `+ Ar, OL 10 t! �.� � °.mss `. t Ifi I � �_.,� -�+ki.*••� _ ! e .Jf t•. • l r '• _ - - INSTALLATION, REMOVAL AND STORAGE OF HOLIDAY DECORATIONS ITB-2014-343-SW SUBMITTED BY: Kevin Long COMPANY NAME: Christmas Designers, Inc. Christmas Designers, Inc Definitions / Description of the Scope of work provided by Christmas Designers of the City of Miami Beach Holiday Decor INSPECTION/MAINTENANCE INSTALLATION/OPERATION REMOVAL INSPECTION/MAINTENANCE — Inspection includes 2 service crews (1 at the North end, 1 at the South end) • North End Crew covers 76th Street South to 41St Street including Normandy 71St Street Entrance, Normandy Fountain Area, All Street Decor & Skylines to 41 St Street (Indian Creek) • South End Crew covers 195 Julia Tuttle Entrance South to 6th Street including all street decor and lighting for the Julia Tuttle Main Entrance, City Hall, Lincoln Road Mall and Lumus Park • Inspections are conducted daily from time of light up to removal • 24 hour response call center located at 3124 NW 16th Terr., Pomp Bch, FL • Service calls can be emailed to service @ christmasdesigners.com • Latest telecommunication technology (VOIP) allows service phone to be forwarded directly to service crews 24/7 Maintenance begins immediately at take down. • All decorations are given a desalinization rinse upon removal to prevent corrosion. • All electrical wiring is checked for wear and tear, nicks or damages to reduce nuisance tripping of GFI's. • Each socket is sprayed with a corrosion inhibitor to help prevent future corrosion build up • 100% replacement of all incandescent bulbs • All frames are re painted to maintain a like new condition and provide a protective coating eliminating any rust from forming. • All decorations with a glitter finish have a new application of glitter applied to maintain a fresh appearance year after year. • All decorations are maintained to be in like-new condition. • INSTALLATION, REMOVAL AND STORAGE OF HOLIDAY DECORATIONS ITB-2014-343-SW continued SUBMITTED BY: Kevin Long COMPANY NAME: Christmas Designers, Inc. INSTALLATION/OPERATION — At the direction of the City, Installation is completed by the Friday after Thanksgiving. • Installation is conducted by our professional installation technicians. • All technicians are dressed in appropriate company attire. Installation is scheduled to cause the least disruption to the City and/or the citizens of Miami Beach. • Required permits are obtained. • Installation crews are outfitted with the newest bucket trucks and equipment. • Installers double check all electrical connections to confirm that decoration is operational. City is notified of any faults that require City attention. • Installers double check that all straps and brackets are secure. Replacement done if necessary. • Installers balance all electrical loads to reduce nuisance GFI tripping. pP .g REMOVAL — At the direction of the City, Commencement of Removal begins the day after 3 Kings Day. • Removal consists of careful take down, packing and transportation of all decorations to .storage facility. Y • All decorations are re-inspected for any unusual wear and tear/damages. • • Any problems or special circumstances are reported. • Decorations are prepared for storage depending on the type of decoration including - A desalinization rinse to prevent corrosion - Sprayed with a corrosion inhibitor to help prevent future corrosion build up - All electrical wiring is checked for wear and tear, nicks or damages to reduce nuisance tripping of GFI's. • MIAMI BEACH APPENDIX E Ii Bid Tender Form ITB 2014-343-SW RENTAL OF HOLIDAY DECORATIONS PROCUREMENT DEPARTMENT • IJOO Convention Center Drive Miami Beach, Florida 33139 • MIAMIQEACH BID TENDER FORM (FAILURE TO SUBMIT WITH THE BID WILL DEEM BIDDER NON-RESPONSIVE) R•UP A OWNED HOLIDAY Group Section Area Yearly Cost Quantity Total A 1 — Main Entries 1 —Julia Tuttle Cs $ 450.00(YR 3 Years $ 5b•00 2— Normand Isle $ 525-DCNR 3 Years $ O 5 a c) 3—MacArthur 1 $155-75NR 3 Years $ 2,0-2_5 A 2—Street Decor 1 —Washington b/ $ NR 3 Years $ 5V" & 16thOC•00 2—Collins b/ $ NR 3 Years $ 61St& 76th S,4.30.00 3—71 s b/Collins & $ NR 3 Years $ Rue Versailles Jr' SSZ70o I (,,So•00 4—Ocean Drive/ $ NR 3 Years $ Lummus Park 17,615-00 37 84,5• 5—Art Deco Thermo $9%•00 NR 3 Years $ 1 5p• 00 A 3—41 st Street 1 —Solar Discs $4 7oo.orNR 3 Years 2—Banners &Stars $ 7 2,o o NR 3 Years $21 (co•ov 3—Li htinin & Stars $ R 3 Years $ 510 cc A 4—Collins Medians 1 —5900 Block $ NR 3 Years $ Median 960 -00 2 $�G•Utz 2—Collins Avenue $%4 -09YR 3 Years $13 ±10.00 A 5—Lincoln Road 1 —Washington Ave $ 2-o-W NR 3 Years $ 1-0 760 .00 2—400 Blk @ Drexel $ NR 3 Years $ 3—500 Blk @ Drexel $ NR 3 Years $ 4—500 Blk @ Penn $ NR 3 Years $ 5—600 Blk @ Penn $ NR 3 Years $ 6—b/600& 700 Blks $ NR 3 Years $ Meridian i� .Ce 5 760'0G 7—700 Blk @ $ NR 3 Years $ Meridian 8—800 Blk @ $ NR 3 Years $ Meridian 9—800 Blk @ $ NR 3 Years $ Jefferson 10—900 Blk @ $ NR 3 Years $ Jefferson 11 —900 Blk @ $ NR 3 Years $ Michigan 12 — 1000 Blk @ $ NR 3 Years $ Michigan 13— 1100 Blk Center $ NR Median b/ Lenox& • MIAMI BEACH Alton A 6- Lincoln b/ 1 - Banners & Discs $ NR Washington & Collins 1150-cC 1 4-f 62-0-vc SUBTOTAL GROUP A 2-5- GROUP B — SUPPLEMENTAL OWNED HOLIDAY DISPLAYS The City DOES currently own this equipment. B 1 - City Hall Tree & Various $ NR 3 Years $ Displays 010-0 C, (-t> 2 - Espanola Way Various Displays $ 7gocNR 3 Years $ ZS Gta 3 - Lincoln b/Alton & Various Displays $ 1 NR 3 Years $ West l 1 ZU •o 5 0 •v G SUBTOTAL GROUP B -TS S5 •na GROUP RENTAL OF The City DOES NOT own this equipment. C 1 - Main Entries 1 -Julia Tuttle Cs $S IZ ,ov/YR 3 Years $ ) C' 2 - Normand Isle $3 -cVYR 3 Years $t 55u v,(.% 3- MacArthur $ 57v /YR 3 Years $ 5 2-y G 2-Street Decor 3-41 st Street Various Displays 1 $ 90LIC•0,�)NR 3 Years $7 4-Collins Medians 5 - Lincoln Road Various Displays $$( COC-t,�)/YR 3 Years $Z4A 000.0G 6- Lincoln b/ Washington & Collins 7- Normandy Various Displays $ �/YR 3 Years $ Fountain I $ occ-C a t= OCL - C'C, SUBTOTAL GROUP C 5G GROUP RENTAL OF The City DOES NOT own this equipment. D 1 -City Hall Tree & Various $ NR 1 3 Years $ Displays -7 u c 2 ooS 00 2 - Espanola Wa 3 - Lincoln b/Alton & Various Displays $ _ NR 3 Years $ West 35 c>v I � SUBTOTAL GROUP D 3 1p GROUP E—SUPPLEMENTAL OWNED HOLIDAY DISPLAYS The City DOES currently own this equipment. E 1 - Main Entries $I -93/YR 3 Years $5 4G7 5G 2- Normand Isle (,, •G-b/YR 3 Years $1 •5' 3-41 st Street $1 q 47-oUY R 3 Years $ v L 4- Lincoln Road $ -AYR 3 Years $2-0 SG•O v 5- Lincoln b/ $ NR 3 Years $ Washington & Collins ��q-C'v Zi n�7•vL' 6- Lincoln b/Alton & $ NR 3 Years $ West S '�2 cc, (( ( C-c s•C 7 - Normandy $ NR 3 Years $ Fountain Area 17 �1 0L. Ca. 3�3`c� 8-City Hall $ 5cVYR 3 Years $ ((o G0,5-vv 9- Lincoln East of $3 Z-Z)/YR 3 Years $ • MIAMIBEACH Alton 10— Normandy $ /YR 3 Years $ Fountain Z.7o o 31100 ,010 11 — Espanola Way $tea-535-cc/YR 3 Years $ 16, 60S uo SUBTOTAL GROUP E ?RS oZ GROUP REBATE FOR OWNED EQUIPMENT The City currently owns a significant number of holiday decorations, for which the City has engaged a contractor ($(a 00©-00 to provide storage of the owned product during those time when the decorations are not on display. However, it is / the goal of the City to cease ownership of holiday decorations in lieu of a seasonal rental agreement that may result from this ITB. The City anticipates transferring ownership of the owned holiday decorations to the successful bidder to this ITB. For the owned inventory, Bidder are requested to provide the amount that they will offer to the City for the transfer of ownershiD of owned holidav decorations in the s ace rovided herein. = • TOTAL (GROUPS = t 0 Z 6S�•Z • Bidder proposes to furnish all labor, machinery, tools, means of transportation, supplies equipment, materials, services and all incidentals necessary for the installation, and removal of the City's Holiday Decorations as specified herein. Bidder's Affirmation Company: i t u ,o ass i✓ 6's Y14L Authorized Representative: Kfxiti Address: 12 KIN I 64t T ovo d.'7 &c FL- Telephone: q54 - -- 2-14-9 1 Email Ktvlo V 1 �S •Q. �Q Authorized Representative's Signature: "Please note that GROUP E is a duplicate of GROUP C & D combined. GROUP E is the correct quantities of lights used in previous years." BID TOTAL (GROUPS A+B+E-F) = $651,575.75 • MIAMIBEACH APPENDIX F • MIAMI BEACH Insurance Requirements ITB 2014-343-SW RENTAL OF HOLIDAY DECORATIONS PROCUREMENT DEPARTMENT 1700 Convention Center Drive Miami Beach, Florida 33139 • ACORO® DATE(MM/DDmnrY) CERTIFICATE OF LIABILITY INSURANCE 09/29/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: JOHN KIME AGENCY PHONE No Ext: 561-627-1806 A/C No):561-627-9847 12832 US HWY#1 E-MAIL ADDRESS: Y shirle arr allstate.com JUNO BEACH, FL 33408 INSURERS AFFORDING COVERAGE NAIC# INSURER A:Allstate Commercial Insurance INSURED INSURER B: CDI Enterprises, LLC, Long Brothers LLC, Agent#17368 INSURER c: Christmas Designers Inc& Holiday Illuminations INSURER D: 3164 NW 16th Terrace INSURER E: Pompano Beach FL 33064 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGES( RENTED CLAIMS-MADE Fl OCCUR PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ JECT POLICY PRO LOC PRODUCTS-COMP/OP AGG $ OTHER: $ A AUTOMOBILE LIABILITY 648690192 . 06/01/2014 06/01/2015 COMBINED SINGLE LIMIT $ 2 000000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident $ UMBRELLA UAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ D I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE I I ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Physical Damage "if any" DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) City of Miami is listed as additional insured CERTIFICATE HOLDER CANCELLATION CITY OF MIAMI BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1700 CONVENTION CENTER DRIVE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3RD FLOOR ACCORDANCE WITH THE POLICY PROVISIONS. MIAMI BEACH, FL 33139 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD • CERTIFICATE OF LIABILITY INSURANCE DATE'MMIDD 9129/20 4n THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: PRONE INC,No,Exq: 1-800-277-1620 x4800 (A/C,No): 727-797-0704 E-"L FRANKCRUM INSURANCE AGENCY,INC. ADDRESS: 100 S.MISSOURI AVE. INSURERS AFFORDING COVERAGE NAIL#. CLEARWATER FL 33756 INSURER A. FRANK WNSTON CRUM INSURANCE CO. 11600 INSURED INSURER B: INSURER C: FrankCrum 1-800-277-1620 INSURER D: 100 S MISSOURI AVENUE INSURER E: CLEARWATER FL 33756 INSURER F: COVERAGES CERTIFICATE NUMBER: 254433 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY • PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POUCY EXP LTR INSR WVD POLICY NUMBER (MWDDIYYYY) (MM/DDNYYY) LIMITS GENERAL LIABILITY I EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ i 7CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ f POLICY PROJECT=LOC $ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY I a accident $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED I BODILY INJURY(Per accident)AUTOS AUTOS $ NON-OWNED I PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) $ $ UMBRELLA UAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ I DED RETENTION$ $ A WORKERS COMPENSATION AND WC201400000 1/1/2014 1/1/2015 WCSTATU- on+ � ER EMPLOYERS'LABILITY X TORY LIMITS ANY PROPRIEfOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) It yes,describe under E.L.DISEASE-EA EMPLOYEE $1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1.000.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) EFFECTIVE 06/05/2009,COVERAGE IS FOR 100%OF THE EMPLOYEES OF FRANKCRUM LEASED TO CDI ENTERPRISES,LLC(CLIENT)FOR WHOM THE CLIENT IS REPORTING HOURS TO FRANKCRUM.COVERAGE IS NOT EXTENDED TO STATUTORY EMPLOYEES. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE 3RD FLOOR AUTHORIZED REPRESENTATIVE MIAMI BEACH,FL 33139 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD I ACORN CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 9/30/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If.the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). PRODUCER NTA T NAME: Suzle B. Keyes Coverage Insurance PHONE FAX 5900 Hiatus Road A/c No Ext:9 S4-7 24- A/c No: - - E-MAIL Tamarac FL 33321 ADDRESS: suzieb@ke escoverage,com PRODUCER CUSTOMER ID#:12 2 9 8 INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A:National Trust Insurance Co. 20141 CDI Enterprises Inc., Long Brothers LLC INSURER B:Commerce and Industry Ins. Co 19410 Christmas Designers Inc & Holiday Illuminations 3124 N.W. 16th Terrace INSURER C: Pompano Beach FL 33064 INSURER D: ® INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:62713088 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DDfYYYY MM/DD A GENERAL LIABILITY y y GL0015467 2 6/1/2014 6/1/2015 EACH OCCURRENCE $1,000,000 DAMAGE RENTED X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $100,000 CLAIMS-MADE a OCCUR MED EXP(Any one person) $5,000 PERSONAL 8 ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X PRO- X LOC BI/PD Ded.@claim $1,000.JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS (Per accident) NON-OWNED AUTOS $ $ B X UMBRELLA LIAB OCCUR Y BE011546889 6/1/2014 6/1/2015 EACH OCCURRENCE $3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $3,000,000 DEDUCTIBLE Follow form $ RETENTION $ Underlying: GL/AL $ ® WORKERS COMPENSATION WC STATU- I OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I$ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,H more space Is required) Certificate holder is included as an additional insured when required by written contract City of Miami Beach is included as an additional insured when required by written contract on a Primary and Non-contributory basis 30 days notice of cancellation-10 days for non- a ent of 2remium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Miami Beach Dept of Procurement Management 1700 Convention Center Drive, 3rd Flr. AUTHORIZED REPRESENTATIVE Miami Beach FL 33139 I ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD NE ATTACHMENTS D Form WM9 I Request for Taxpayer Give Form to the (Rev.August tot 3) requester.Do not Department of the Treasury Identificati®n Number and Certification Internal Revenue Service send to the IRS. Nan,*(as shown on your income tax return) JCDI ENTERPRISES,LLC Ci Business narneld3isfegarded en,4 narne,if differernTrom-above ...... M christmasdesicIners.corn 2L Check appropriate box for feder,,e t,,.tx cl C assifjcat'on� Exemptions osft,-'ristrucr 0 a onsy LO Indi-iduai/sol.proprietor LEJ C Corporation El s corporation padnersnip TrusUestate Exempt payee code(11 any! At Limited hability company.Enter me tax Vassjfi�abon(C�G corporation,S=S Cor o poration,P=partnership)► C Exemption frorn FATCA reporting code(if ar-,V,,, CL v Other(see instructions)I- Address(number,street,and api or suite no,) aquestw�sname and address(opboTa0---- 3124 NW 16TH TERRACE M 1 POMPANO BEACH,FL 33064 List account number(s)here(optonai) Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN Provided M.LMt match the name given on the"Mama"lint= Social security number to avoid backup withholding.For individuals,this is your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other entities,it is Your employer identification'number(EIN).If you do not have a number,see Ho to TIN on page 3. w yet a Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose =Employer identification num-ber_ 'w`� number to enter. T 1 810 1: 0 1 8 6 1 '3 1 8 1 -di—rt—if ication Under Penalties of perjury,I Certify-that - ......... 1. The number shawn on this form is my correct taxpayer identification number(or I am waiting for a number to be,issued to me),and 2. 1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a tailureto report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding,and 3, 1 am a U.S,citizen or other U.S.Person(defined below),and 4,The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must Gross out item 2 above if You have been notified by the IRS that you are currently subject to backup withholding because You have failed to report all interest and dividends on your tax return,For real estate transactions,item 2 does not apply.For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally.Payments other than interest and dividends,you are not required to,sign the certification,but you must provide your correct TIN.See the instructions on page 3. Sign Signatum of .......... Here u.s.person I* �Da o"fore, General lnstructio�ns � ,,=ho, ,=,, 9npannem-sL0teffectVeIY!,�In,-Kl income.and Section references are to the Internai Revenue Code unless othenocse noted. 4.Certify that FATCA code(s)entered an this form(if any)ind.'rating that you are Future developments.The IRS has created.a page on'RS.gov for information exempt from the FATCA reporting,is correct. about Form W-9,at wwwJrsgov1w9.Information about ay future developments Note.It you are a U.S.person arid a requester gives you a form other than Form affecting Form W-9(such as legislation enacted after we reiease it)will be post W-9 to request your TIN,you must use the requesters form on that page, posted sfmi�ar to this Form W-9, if it is substantially Definition of a U.S.person,For faderai tax o x Purposes.you are ns:cfered a U.S. Purpose of person,oerson it you are. A person who is required to file an'information return with the IRS must obtain your •An indiv;civai who is a U,S.citizen or U,S,resident alien, correct taxpayer identification number(TIN)to report,for example,income paid to •A partnerstlip,corporation,company,or association created or orgmnizied in the You,Payments made to you in settiement of Payment card and third panty fielT.A.'Ork UM ed States or under the laws of the United States,a transactions,real estate transactions,mortgage interest y0"3 Pa4,acquis:tion or o An estate(other than a foreinn estate),or abandonment of secured property.cance'!ation of debt,or contributions you made to an IRA- *A clomeslic trust ias defmet!in Regulations section 301.7701-7;. USP,Form W-9 only if you are a U,S,Person(inCivding a resident alien).to Special rules for Par0wmhiP*-PartillerShiPs that conduct a trada or business in provide Your Cmect TIN to the person requesting it(tint:requester)and,vvi�ten the United States are generally required to ply a withholding tax under Section' applicabie,to, 1446 on any foreign partners'share of effectively connected taxable income from 1.Certify that the TIN you are giving is Correct(or you are waiting for ariki-r--ber such business.Further,in certain cases Where a Form W-9 has not been received, to be issued), the ru#es under section 1446 require a partnership to presume that C,partnmr is a foreign person,and nay the section 1446 withholding ta>z.Therefore,if you 41.fe a 2.Certify that you are not sub;ect to backup withholding-.at U.S.person that is a'partner in a partnership conducting a trade or business in the 1 Claim exemption from backup withholding it you are a U.S.exempt payei,'if United States,provide Form W-9 to the partnersh,p to establish your U.S.status applicable,you are also certihjrig that as a U.S,person,your alI locab e share Of and avows section 1446 withholding On Your Share of partnership income, any partnership income from a U.S,trade or buwlless is not subject to the Cat.No,10231X Form 111 -9(Rev.8.2013) ��® DATE(MPAIDD/YYYY) /�CORO CERTIFICATE OF LIABILITY INSURANCE 9129!2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). CONTACT PRODUCER NAME: PHOE FAX (ArCNNo,Ext): 1-800-277-1620 X4800 (AIC.No): 727-797-0704 E-MAIL FRANKCRUM INSURANCE AGENCY,INC. ADDRESS: 100 S.MISSOURI AVE. INSURERS AFFORDING COVERAGE NAIC# CLEARWATER FL 33756 INSURER A: FRANK WINSTON CRUM INSURANCE CO. 11600 INSURED INSURER B: INSURER C: FrankCrum 1-800-277-1620 INSURER D: 100 S MISSOURI AVENUE INSURER E: CLEARWATER FL 33756 1 INSURER F: COVERAGES CERTIFICATE NUMBER: 254433 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT.TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY (MMIDDIYYYY) LIMBS V111/ INSR D (MM/DD I GENERAL LIABILITY ( EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE =OCCUR MED EXP Any one arson $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ i POLICY PROJECT LOC $ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY I (Ee accident) $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I RETENTION S $ WC STTU-A WORKERS COMPENSATION AND WC201400000 1/112014 1/112015 X ORYLIA ITS OER EMPLOYERS'LtABILRY ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? NIA E.L.EACH ACCIDENT $1.000,000 (Mandatory in NH) If yes,describe under E.L.DISEASE-EA EMPLOYEE $1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 i I I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) EFFECTIVE 06105/2009,COVERAGE IS FOR 100%OF THE EMPLOYEES OF FRANKCRUM LEASED TO CDI ENTERPRISES,LLC(CLIENT)FOR WHOM THE CLIENT IS REPORTING HOURS TO FRANKCRUM.COVERAGE IS NOT EXTENDED TO STATUTORY EMPLOYEES. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE 3RD FLOOR AUTHORIZED REPRESENTATIVE MIAMI BEACH,FL 33139/ O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are rogistered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER (THIS ENDORSEMENT IS NOT APPLICABLE IN THE STATES OF CALIFORNIA, KENTUCKY, NEW JERSEY, PENNSYLVANIA, TEXAS AND UTAH. ) i CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE 3RD FLOOR MIAMI BEACH,FL 33139 i I This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01/01/2014-01/0112015 Policy No.WC201400000 Endorsement No.N/A Insured:FrankCrum Premium$N/A Insurance Company:FRANK WINSTON CRUM INSURANCE CO. Countersigned by WC 00 03 13 (Ed. 4-84) Copyright 1983 National Council on Compensation Insurance. CERTIFICATE OF LIABILITY INSURANCE DATE(MM,DD,YYYY, k4.� I . 09/29/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: JOHN KIME AGENCY acCONN Ext: 561-627-1806 ac No:561-627-9847 12832 US HWY#1 E-MAIL ADDRESS: Y shirle arr allstate.com JUNO BEACH, FL 33408 INSURERS AFFORDING COVERAGE NAIC x INSURER A:Allstate Commercial Insurance INSURED INSURER B CDI Enterprises, LLC, Long Brothers LLC, Agent#17368 INSURER C: Christmas Designers Inc& Holiday Illuminations INSURER D: 3164 NW 16th Terrace INSURER E: Pompano Beach FL 33064 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE J=WVD POLICY NUMBER MM/DD/YYYY MM/DD LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE FI OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY 1:1 PRO-JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ A AUTOMOBILE LIABILITY 648690192 06/01/2014 06/01/2015 COMBINED SINGLE LIMIT $ 2 000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Physical Damage "if any" DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached It more space Is required) City of Miami is listed as additional insured CERTIFICATE HOLDER CANCELLATION CITY OF MIAMI BEACH ANY OF 1700 CONVENTION CENTER DRIVE THE SHOULD XPIRATIIONHDATE VTHE THEREOF, NOTICE I WILL BE CBECDELIVERED BEFORE IN 3RD FLOOR ACCORDANCE WITH THE POLICY PROVISIONS. MIAMI BEACH, FL 33139 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD LIABILITY® c DATE(MMDD/YYYY) CERTIFICATE ®� iL.�/�"4®�� I�V� �� 9/30/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If.the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Suz ie B. Keyes Coverage Insurance PHONE FAX 5900 Hiatus Road A/c No Ext: -724-7000 A/c No: - - E-MAIL Tamarac FL 33321 ADDRESS: suzieb@keyescoverage.com PRODUCER CUSTOMER ID#:12 2 9 8 INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A:National Trust Insurance Co. 20141 CDI Enterprises Inc., Long Brothers LLC INSURER B:Commerce and Industry Ins. Co 19410 Christmas Designers Inc & Holiday Illuminations 3124 N.W. 16th Terrace -INSURER C: Pompano Beach FL 33064 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:62713088 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MM/LDDY/YYYY MM LTR DDNYYY LIMITS A GENERAL LIABILITY Y Y GL0015467 2 6/1/2014 6/1/2015 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED R COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $100,000 CLAIMS-MADE FTI OCCUR MED EXP(Any one person) $5,000 PERSONAL 8 ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X PRO R LOC BI/PD Ded.@claim $1,000. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Per accident) $ NON-OWNED AUTOS $ $ B X UMBRELLA LIAB OCCUR Y BE011546889 6/1/2014 6/1/2015 EACH OCCURRENCE $3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $3,000,000 DEDUCTIBLE Follow form $ RETENTION $ Underlying: GL/AL $ WORKERS COMPENSATION WC STATU- I OTH- AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) Certificate holder is included as an additional insured when required by written contract City of Miami Beach is included as an additional insured when required by written contract on a Primary and Non-contributory basis 30 days notice of cancellation-10 days for non-payment of premium CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Miami Beach Dept of Procurement Management 1700 Convention Center Drive, 3rd Fl r. AUTHORIZED REPRESENTATIVE Miami Beach FL 33139 ��_ ©19888-"20 9 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD ATTACHMENTS D COMMERCIAL GENERAL LIABILITY CGL 025(11 08) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSUREDS - PRIMARY/NON-CONTRIBUTORY COVERAGE WHEN REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following is added to SECTION IV—Commercial General Liability Conditions, Paragraph 4, entitled "Other Insurance", subsection b. entitled "Excess Insurance", paragraph (1): This insurance is excess over: (v) Any other insurance naming an additional insured as an insured on a primary basis,excess, contingent or on any other basis unless a written contract specifically requires that this insurance be primary and noncontributing. The written contract must be currently in effect or become effective during the term of this policy and must be executed prior to the"bodily injury", "property damage"or"personal and advertising injury." CGL 025(11 08) Includes copyrighted material of Insurance Services Office,with its permission. Page 1 of 1 Copyright 2008 FCCI Insurance Group. FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT TABLE OF CONTENTS DESCRIPTION PAGE AdditionalInsured Coverage....................................................................................................................................12 BailBonds.................................................................................................................................................................11 BlanketWaiver of Subrogation.................................................................................................................................17 BodilyInjury and Property Damage............................................................................................................................1 Care, Custody or Control............................................................................................................................................3 Contractors Errors and Omissions.............................................................................................................................7 Contractual Liability(Personal &Advertising Injury) ..................................................................................................2 ElectronicData Liability..............................................................................................................................................1 GeneralLiability Conditions......................................................................................................................................15 IncidentalMalpractice...............................................................................................................................................11 Insured......................................................................................................................................................................11 Limited Product Withdrawal Expense.........................................................................................................................4 Limitsof Insurance....................................................................................................................................................14 Lossof Earnings.......................................................................................................................................................11 Newly Formed or Acquired Organizations................................................................................................................13 Non-Owned Watercraft...............................................................................................................................................1 Property Damage Liability—Borrowed Equipment.....................................................................................................1 VoluntaryProperty Damage.......................................................................................................................................2 WaterDamage............................................................................................................................................................9 i COMMERCIAL GENERAL LIABILITY CGL 088(07 10) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM NOTE:The following are additions,replacements and amendments to the Commercial General Liability Coverage Form,and will apply unless excluded by separate endorsement(s)to the Commercial General Liability Coverage Form. The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended as follows: SECTION I-COVERAGES,COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE is amended as follows: 1. Extended "Property Damage" Exclusion 2.a., Expected or Intended Injury, is replaced with the following: a. "Bodily injury"or"property damage"expected or intended from the standpoint of the insured.This exclusion does not apply to"bodily injury"or"property damage" resulting from the use of reasonable force to protect persons or property. 2. Non-owned Watercraft Exclusion 2.g. (2)(a) is replaced with the following: (a) Less than 51 feet long; and 3. Property Damage Liability—Borrowed Equipment The following is added to Exclusion 2.j. (4): Paragraph (4)of this exclusion does not apply to"property damage"to borrowed equipment while at a jobsite and not being used to perform operations. The most we will pay for"property damage"to any one borrowed equipment item under this coverage is$25,000 per"occurrence".The insurance afforded under this provision is excess over any other valid and collectible property insurance(including deductible) available to the insured, whether primary, excess, contingent or on any other basis. 4. Limited Electronic Data Liability Exclusion 2.p. is replaced with the following: p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate"electronic data"that does not result from physical injury to tangible property. The most we will pay under Coverage A for"property damage"because of all loss of"electronic data" arising out of any one"occurrence"is$10,000. We have no duty to investigate or defend claims or"suits"covered by this Limited Electronic Data Liability CGL 088(07 10) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 1 of 17 Copyright 2010 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(07 10) coverage. The following definition is added to SECTION V—DEFINITIONS of the Coverage Form: "Electronic data"means information,facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. For purposes of this Limited Electronic Data Liability coverage, the definition of"Property Damage"in SECTION V—DEFINITIONS of the Coverage Form is replaced by the following: 17. "Property damage"means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the'occurrence"that caused it; c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate"electronic data", resulting from physical injury to tangible property. All such loss of "electronic data"shall be deemed to occur at the time of the`occurrence"that caused it. For purposes of this insurance, "electronic data" is not tangible property. SECTION I—COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY is amended as follows: Paragraph 2.e. Exclusions—the Contractual Liability Exclusion is deleted. SECTION I—COVERAGES,the following coverages are added: COVERAGE D.VOLUNTARY PROPERTY DAMAGE 1. Insuring Agreement We will pay, at your request, for"property damage"caused by an 'occurrence",to property of others caused by you, or while in your possession, arising out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage"to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Property owned by, rented to, leased to, loaned to, borrowed by, or used by you; d. Premises you sell, give away, or abandon, if the"property damage"arises out of any part of those CGL 088(07 10) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 2 of 17 Copyright 2010 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(07 10) premises; e. Property caused by or arising out of the "products-completed operations hazard"; f. Motor vehicles; g. "Your product"arising out of it or any part of it; or h. "Your work"arising out of it or any part of it. 3. Deductible We will not pay for loss in any one"occurrence"until the amount of loss exceeds$250.We will then pay the amount of loss in excess of$250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance afforded under COVERAGE D is excess over any other valid and collectible property or inland marine insurance(including the deductible applicable to the property or inland marine coverage)available to you whether primary, excess,contingent or any other basis. Coverage D covers unintentional damage or destruction, but does not cover disappearance, theft, or loss of use. The insurance under COVERAGE D does not apply if a loss is paid under COVERAGE E. COVERAGE E. CARE, CUSTODY OR CONTROL 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of "property damage"caused by an "occurrence", to property of others while in your care, custody, or control or property of others as to which you are exercising physical control if the"property damage"arises out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage"to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Premises you sell, give away, or abandon, if the"property damage"arises out of any part of those premises; d. Property caused by or arising out of the"products-completed operations hazard"; CGL 088(07 10) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 3 of 17 Copyright 2010 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(07 10) e. Motor vehicles; f. "Your product"arising out of it or any part of it; or g. "Your work"arising out of it or any part of it. 3. Deductible We will not pay for loss in any one"occurrence" until the amount of loss exceeds$250.We will then pay the amount of loss in excess of$250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance afforded under COVERAGE E is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage)available to you whether primary, excess,contingent or any other basis. The insurance under COVERAGE E does not apply if a loss is paid under COVERAGE D. COVERAGE F. LIMITED PRODUCT WITHDRAWAL EXPENSE 1. Insuring Agreement reement a. If you are a"seller", we will reimburse you for"product withdrawal expenses"associated with"your product" incurred because of a "product withdrawal"to which this insurance applies. The amount of such reimbursement is limited as described in SECTION III- LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered. a. This insurance applies to a "product withdrawal"only if the "product withdrawal"is initiated in the "coverage territory"during the policy period because: (1) You determine that the"product withdrawal"is necessary; or (2) An authorized government entity has ordered you to conduct a "product withdrawal". c. We will reimburse only those"product withdrawal expenses"which are incurred and reported to us within one year of the date the"product withdrawal"was initiated. d. The initiation of a "product withdrawal"will be deemed to have been made only at the earliest of the following times: (1) When you have announced, in any manner, to the general public, your vendors or to your employees(other than those employees directly involved in making the determination)your decision to conduct a "product withdrawal"This applies regardless of whether the determination to conduct a "product withdrawal"is made by you or is requested by a third party; (2) When you received, either orally or in writing, notification of an order from an authorized government entity to conduct a "product withdrawal; or (3) When a third party has initiated a"product withdrawal"and you communicate agreement with the CGL 088(07 10) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 4 of 17 Copyright 2010 FCCI Insurance Group I COMMERCIAL GENERAL LIABILITY CGL 088(07 10) "product withdrawal", or you announce to the general public, your vendors or to your employees (other than those employees directly involved in making the determination)your decision to participate in the"product withdrawal", whichever comes first. e. "Product withdrawal expenses"incurred to withdraw"your products"which contain: (1) The same"defect"will be deemed to have arisen out of the same"product withdrawal"; or (2) A different"defect"will be deemed to have arisen out of a separate"product withdrawal" if newly determined or ordered in accordance with paragraph 1.b of this coverage. 2. Exclusions This insurance does not apply to"product withdrawal"expenses"arising out of: a. Any"product withdrawal"initiated due to: (1) The failure of"your products"to accomplish their intended purpose, including any breach of warranty of fitness, whether written or implied. This exclusion does not apply if such failure has caused or is reasonably expected to cause"bodily injury"or physical damage to tangible property. (2) Copyright, patent,trade secret or trademark infringements; (3) Transformation of a chemical nature, deterioration or decomposition of"your product", except if it is caused by: (a) An error in manufacturing, design, processing or transportation of"your product"; or (b) "Product tampering". (4) Expiration of the designated shelf life of"your product". b. A"product withdrawal", initiated because of a"defect" in "your product"known to exist by the Named, Insured or the Named Insureds executive officers", prior to the inception date of this Coverage Part or prior to the time"your product" leaves your control or possession. c. Recall of any specific products for which "bodily injury"ry or"property damage"is excluded under Coverage A- Bodily Injury And Property Damage Liability by endorsement. d. Recall of"your products"which have been banned from the market by an authorized government entity prior to the policy period. e. The defense of a claim or"suit"against you for"product withdrawal expenses". 3. For the purposes of the insurance afforded under COVERAGE F, the following is added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition under SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS: e. Duties In The Event Of A"Defect"Or A"Product Withdrawal" (1) You must see to it that we are notified as soon as practicable of any actual, suspected or threatened "defect"in "your products", or any governmental investigation, that may result in a "product withdrawal".To the extent possible, notice should include: (a) How, when and where the"defect"was discovered; CGL 088(07 10) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 5 of 17 Copyright 2010 FCCI Insurance Group I COMMERCIAL GENERAL LIABILITY CGL 088(07 10) (b) The names and addresses of any injured persons and witnesses; and (c) The nature, location and circumstances of any injury or damage arising out of use or consumption of"your product". (2) If a "product withdrawal"is initiated, you must: (a) Immediately record the specifics of the"product withdrawal"and the date it was initiated; (b) Send us written notice of the"product withdrawal"as soon as practicable; and (c) Not release, consign, ship or distribute by any other method, any product, or like or similar products, with an actual, suspected or threatened defect. (3) You and any other involved insured must: (a) Immediately send us copies of pertinent correspondence received in connection with the "product withdrawal"; (b) Authorize us to obtain records and other information; and (c) Cooperate with us in our investigation of the"product withdrawal". 4. For the purposes of this Coverage F, the following definitions are added to the Definitions Section: a. "Defect"means a defect, deficiency or inadequacy that creates a dangerous condition. b. "Product tampering"is an act of intentional alteration of"your product"which may cause or has caused"bodily injury"or physical injury to tangible property. When "product tampering"is known, suspected or threatened, a"product withdrawal"will not be limited to those batches of"your product"which are known or suspected to have been tampered with. c. "Product withdrawal"means the recall or withdrawal of"your products", or products which contain "your products",from the market or from use, by any other person or organization, because of a known or suspected "defect"in "your product", or a known or suspected "product tampering", which has caused or is reasonably expected to cause"bodily injury"or physical injury to tangible property. d. "Product withdrawal expenses"means those reasonable and necessary extra expenses, listed below paid and directly related to a"product withdrawal": (1) Costs of notification; (2) Costs of stationery, envelopes, production of announcements and postage or facsimiles; (3) Costs of overtime paid to your regular non-salaried employees and costs incurred by your employees, including costs of transportation and accommodations; (4) Costs of computer time; (5) Costs of hiring independent contractors and other temporary employees; (6) Costs of transportation, shipping or packaging; CGL 088(07 10) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 6 of 17 Copyright 2010 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(07 10) (7) Costs of warehouse or storage space; or (8) Costs of proper disposal of"your products", or products that contain "your products",that cannot be reused, not exceeding your purchase price or your cost to produce the products; but"product withdrawal expenses"does not include costs of the replacement, repair or redesign of"your product", or the costs of regaining your market share, goodwill, revenue or profit. e. "Seller"means a person or organization that manufactures, sells or distributes goods or products. "Seller"does not include a"contractor"as defined elsewhere in this endorsement. The insurance under COVERAGE F does not apply if a loss is paid under COVERAGE G. COVERAGE G.CONTRACTORS ERRORS AND OMISSIONS 1. Insuring Agreement If you are a"contractor", we will pay those sums that you become legally obligated to pay as damages because of"property damage"to"your product", "your work"or"impaired property", due to faulty workmanship, material or design, or products including consequential loss,to which this insurance applies. The damages must have resulted from your negligent act, error or omission while acting in your business capacity as a contractor or subcontractor or from a defect in material or a product sold or installed by you while acting in this capacity. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. We have no duty to investigate or defend claims or"suits"covered by this Contractors Errors or Omissions coverage. This coverage applies only if the"property damage"occurs in the"coverage territory"during the policy period. This coverage does not apply to additional insureds, if any. Supplementary Payments—Coverage A and B do not apply to Coverage G. Contractors Errors and Omissions. 2. Exclusions This insurance does not apply to: a. "Bodily injury"or"personal and advertising injury". b. Liability or penalties arising from a delay or failure to complete a contract or project, or to complete a contract or project on time. c. Liability because of an error or omission: (1) In the preparation of estimates or job costs; (2) Where cost estimates are exceeded; (3) In the preparation of estimates of profit or return on capital; (4) In advising or failure to advise on financing of the work or project; or (5) In advising or failing to advise on any legal work,title checks,form of insurance or suretyship. CGL 088(07 10) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 7 of 17 Copyright 2010 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(07 10) d. Any liability which arises out of any actual or alleged infringement of copyright or trademark or trade dress or patent, unfair competition or piracy,or theft or wrongful taking of concepts or intellectual property. e. Any liability for damages: (1) From the intentional dishonest,fraudulent, malicious or criminal acts of the Named Insured, or by any partner, member of a limited liability company, or executive officer, or at the direction of any of them; or (2) Which is in fact expected or intended by the insured, even if the injury or damage is of a different degree or type than actually expected or intended. f. Any liability arising out of manufacturer's warranties or guarantees whether express or implied. g. Any liability arising from "property damage"to property owned by, rented or leased to the insured. h. Any liability incurred or"property damage"which occurs, in whole or in part, before you have completed "your work." "Your work"will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract or work order has been completed; (2) When all the work to be done at the job site has been completed if your contract calls for work at more than one job site; or (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service or maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as complete. i. Any liability arising from "property damage"to products that are still in your physical possession. j. Any liability arising out of the rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: (1) Providing engineering, architectural or surveying services to others; and (2) Providing or hiring independent professionals to provide engineering, architectural or surveying services in connection with construction work you perform. Professional services include the preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications. Professional services also include supervisory or inspection activities performed as part of any related architectural or engineering activities. But, professional services do not include services within construction means, methods,techniques, sequences and procedures employed by you in connection with construction work you perform. k. Your loss of profit or expected profit and any liability arising therefrom. I. "Property damage"to property other than"your product,""your work"or"impaired property." m. Any liability arising from claims or"suits"where the right of action against the insured has been relinquished or waived. CGL 088(07 10) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 8 of 17 Copyright 2010 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(07 10) n. Any liability for"property damage"to"your work"if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. o. Any liability arising from the substitution of a material or product for one specified on blueprints, work orders, contracts or engineering specifications unless there has been written authorization, or unless the blueprints,work orders, contracts or engineering specifications were written by you, and you have authorized the changes. p. Liability of others assumed by the insured under any contract or agreement, whether oral or in writing. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. 3. For the purposes of Coverage G,the following definition is added to the Definitions section: a. "Contractor" means a person or organization engaged in activities of building, clearing, filing, excavating or improvement in the size, use or appearance of any structure or land. "Contractor"does not include a "seller"as defined elsewhere in this endorsement. 4. Deductible We will not pay for loss in any one"occurrence" until the amount of loss exceeds$250. The limits of insurance will not be reduced by the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or"suit", and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 5. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance under COVERAGE G does not apply if a loss is paid under COVERAGE F. COVERAGE H.WATER DAMAGE LEGAL LIABILITY 1. Insuring Agreement We will pay those sums the insured becomes legally obligated to pay as damages because of"property damage"arising out of water damage to premises that are both rented to and occupied by you. The amount we will pay for damages is limited as described in SECTION III—LIMITS OF INSURANCE. This coverage applies only if the"property damage"occurs in the"coverage territory"during the policy period. This coverage does not apply to additional insureds, if any. 2. Exclusions Coverage for Water Damage Legal Liability does not apply to: a. "Property damage"for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. CGL 088(07 10) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 9 of 17 Copyright 2010 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(07 10) b. "Property damage"caused by or resulting from any of the following: 1) Mechanical breakdown, including rupture or bursting caused by centrifugal force; 2) Wear and tear; 3) Insects, birds, rodents or other animals; 4) Rust, corrosion,fungus, decay, deterioration, hidden or latent defect or any quality in property that causes it to damage or destroy itself; 5) Settling, cracking, shrinking or expansion; or 6) Smog or smoke. c. "Property damage"caused directly or indirectly by any of the following: 1) Flood, surface water, waves,tides,tidal waves, overflow of any body of water, or their spray, all whether driven by wind or not; 2) Water that backs up from a sewer or drain; 3) Water under the ground surface pressing on, or flowing or seeping through: a) Foundations,walls, floors or paved surfaces; b) Basements,whether paved or not; or c) Doors, windows or other openings; 4) Any earth movement,such as an earthquake, landslide, mine subsidence or earth sinking, rising or shifting; 5) Mudslide or mudflow; or 6) Volcanic eruption, explosion or effusion. d. "Property damage"caused by or resulting from any of the following: 1) Water that leaks or flows from any plumbing, heating, air conditioning, or fire protection system caused by or resulting from freezing, unless: a) You drain the equipment and shut off the water supply if the heat is not maintained; or b) You make a reasonable effort to maintain heat in the building or structure. e. "Property damage"to: 1) The interior of the premises caused by or resulting from rain or snow,whether driven by wind or not; or 2) Plumbing, heating, air conditioning, fire protection systems, or other equipment or appliances. f. "Your work"to: 1) Work or operations performed by you or on your behalf; and 2) Equipment, parts or materials furnished in connection with such work or operations. CGL 088(07 10) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 10 of 17 Copyright 2010 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(07 10) 3) Representations or warranties made at any time with respect to durability, fitness, performance, quality or use of"your work". SECTION I-COVERAGES, SUPPLEMENTARY PAYMENTS—COVERAGE A and B is amended as follows: All references to SUPPLEMENTARY PAYMENTS—COVERAGES A and B are amended to SUPPLEMENTARY PAYMENTS—COVERAGES A, B, D, E, and G. 1. Cost of Bail Bonds Paragraph 1.b. is replaced with the following: b. Up to$2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies.We do not have to furnish these bonds. 2. Loss of Earnings Paragraph 1.d. is replaced with the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to$500 a day because of time off from work. SECTION II—WHO IS AN INSURED is amended as follows: 1. Incidental Malpractice Paragraph 2.a.(1)(d)is replaced with the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to a nurse, emergency medical technician or paramedic employed by you to provide medical services, unless: (i) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x-ray or nursing services,treatment, advice or instruction; or (ii) The"employee"has another insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. 2. Broadened Who Is An Insured The following are added to Paragraph 2.: Subsidiaries e. Your subsidiaries if: (1) They are legally incorporated entities; and (2) You own more than 50%of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy. CGL 088(07 10) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 11 of 17 Copyright 2010 FCCI Insurance Group �I COMMERCIAL GENERAL LIABILITY CGL 088(07 10) Additional Insureds `f. ';General Provision. Any person or organization which requires in a written agreement with you that such ;person or organization be made an additional insured under this policy. However, such person or; ;organization shall be an additional insured only with respect to covered"bodily injury, "property: _ 'damage", and"personal and advertising injury which is caused, in whole or in part, by"your work"under that written agreement Specific Additional Insured Provisions. Notwithstanding the general provision above, if the purported additional insured falls under one of the following specific categories, then only the following provisions shall apply to such additional insured: If the additional insured is an owner, lessor or manager of premises, such person or organization shall be covered only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you and subject to the following additional exclusions: (1) Any"occurrence"that takes place after you cease to occupy those premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. If the additional insured is the state or any political subdivision, the state or political subdivision shall be covered only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, and only with respect to liability as a permit issuer. This insurance does not apply to: (1) "Bodily injury", "property damage", or "personal and advertising injury"arising out of operations performed for the state or municipality; or (2) "Bodily injury"or"property damage" included within the"products-completed operations hazard". If the additional insured is a lessor of leased equipment, such lessor shall be covered only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s)or organization(s). With respect to the insurance afforded to these additional insureds,this insurance does not apply to any"occurrence"which takes place after the equipment lease expires. If the additional insured is an architect, engineer, or surveyor, such architect, engineer, or surveyor is an additional insured only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"caused, in whole or in part, by your acts or omissions, or the acts or omissions of those acting on your behalf in connection with your premises, or in the performance of your ongoing operations. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to"bodily injury", "property damage", or"personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field order, change orders, drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. CGL 088(07 10) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 12 of 17 Copyright 2010 FCCI Insurance Group I COMMERCIAL GENERAL LIABILITY CGL 088(07 10) If the additional Insured is a mortgagee, assignee, or receiver of premises, such mortgagee, assignee or receiver of premises is an additional insured only with respect to their liability arising out of the ownership, maintenance, or use of the premises by you. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. ;If the additional insured is a vendor, such vendor is an additional insured only with respect to"bodily 'injur/'or"property damage"caused by"your products"which are distributed or sold in the regular course i of the vendor's business,subject to the following additional exclusions: The insurance afforded to the vendor does not apply to: 1. a. "Bodily injury"or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in absence of the contract or agreement. b. Any express warranty unauthorized by you; c. Any physical or chemical change in "your product" made intentionally by the vendor; d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration,testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. "Bodily injury"or"property damage"arising out of the sole negligence of the vendor for its own acts or omissions or those of its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d. or f.; or (2) Such inspections, adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization,from whom you have acquired such products,or any ingredient, part or container,entering into,accompanying or containing such products. 3. Newly Formed or Acquired Organizations Paragraph 3. is amended as follows: a. Coverage under this provision is afforded until the end of the policy period. d. Coverage A does not apply to product recall expense arising out of any withdrawal or recall that occurred before you acquired or formed the organization. CGL 088(07 10) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 13 of 17 Copyright 2010 FCCI Insurance Group i COMMERCIAL GENERAL LIABILITY CGL 088(07 10) SECTION III—LIMITS OF INSURANCE is amended as follows: 1. Paragraph 2. is replaced with the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of"bodily injury"or"property damage" included in the"products-completed operations hazard"; c. Damages under Coverage B; d. Voluntary"property damage"payments under Coverage D; e. Care, Custody or Control damages under Coverage E; and f. Water damages under Coverage H. 2. Paragraph 5. is replaced with the following: 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; b. Medical expenses under Coverage C; c. Voluntary"property damage"payments under Coverage D; d. Care, Custody or Control damages under Coverage E; e. Limited Product Withdrawal Expense under Coverage F; f. Contractors Errors and Omissions under Coverage G; and g. Water damages under Coverage H; because of all"bodily injury"and"property damage"arising out of any one"occurrence". 3. Paragraph 6. is replaced with the following: 6. Subject to Paragraph 5. above, the higher of$300,000 or the Damage To Premises Rented To You Limit shown in the Declarations is the most we will pay under Coverage A for damages because of"property damage"to any one premises, while rented to you, or in the case of damage by fire or explosion, while rented to you or temporarily occupied by you with permission of the owner, arising out of any one fire or explosion. 4. Paragraph 7. is replaced with the following: 7. Subject to Paragraph 5. above,the higher of$10,000 or the Medical Expense Limit shown in the Declarations is the most we will pay under Coverage C for all medical expenses because of"bodily injury' sustained by any one person. CGL 088(07 10) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 14 of 17 Copyright 2010 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(07 10) 5. Paragraph 8. is added as follows: 8. Subject to Paragraph 5. above, the most we will pay under Coverage D. Voluntary Property Damage for loss arising out of any one"occurrence"is$1,500. The most we will pay in any one-policy period, regardless of the number of claims made or suits brought, is$3,000. 6. Paragraph 9. is added as follows: 9. Subject to Paragraph 5. above, the most we will pay under Coverage E. Care, Custody or Control for "property damage"arising out of any one"occurrence" is$1,000. The most we will pay in any one-policy period, regardless of the number of claims made or suits brought, is$5,000. 7. Paragraph 10. is added as follows: 10. Subject to Paragraph 5. above, the most we will pay under Coverage F. Limited Product Withdrawal Expense for"product withdrawal expenses" in any one-policy period, regardless of the number of insureds, "product withdrawals" initiated or number of"your products"withdrawn is$10,000. 8. Paragraph 11. is added as follows: 11. Subject to Paragraph 5. above, the most we will pay under Coverage G. Contractors Errors and Omissions for damage in any one-policy period, regardless of the number of insureds, claims or"suits" brought, or persons or organizations making claim or bringing"suits" is$10,000. For errors in contract or job specifications or in recommendations of products or materials to be used, this policy will not pay for additional costs of products and materials to be used that would not have been incurred had the correct recommendations or specifications been made. 9. Paragraph 12. is added as follows: 12. Subject to Paragraph 5. above, the most we will pay under Coverage H.Water Damage Legal Liability for "property damage"arising out of any one"occurrence" is$300,000. 10. Paragraph 13. is added as follows: 13. The General Aggregate Limit applies separately to: a. Each of your projects away from premises owned by or rented to you; or b. Each"location"owned by or rented to you. "Location"as used in this paragraph means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. Subparagraph 2.a.of Duties In The Event Of Occurrence, Offense, Claim, or Suit is replaced with the following: a. You must see to it that we are notified as soon as practicable of an"occurrence"or an offense which may result in a claim. This requirement applies only when the"occurrence"or offense is known to the following: (1) An individual who is the sole owner; CGL 088(07 10) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 15 of 17 Copyright 2010 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(07 10) (2) A partner, if you are a partnership or joint venture; (3) An "executive officer"or insurance manager, if you are a corporation; (4) A manager, if you are a limited liability company; (5) A person or organization having proper temporary custody of your property if you die; (6) The legal representative of you if you die; or (7) A person (other than an"employee")or an organization while acting as your real estate manager. To the extent possible, notice should include: (1) How, when and where the"occurrence"or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the"occurrence"or offense. 2. The following is added to Subparagraph 2.b.of Duties In The Event Of Occurrence, Offense, Claim, or Suit: The requirement in 2.b.applies only when the"occurrence"or offense is known to the following: (1) An individual who is the sole owner; (2) A partner or insurance manager, if you are a partnership or joint venture; (3) An"executive officer"or insurance manager, if you are a corporation; (4) A manager or insurance manager, if you are a limited liability company; (5) Your officials,trustees, board members or insurance manager, if you are a not-for-profit organization; (6) A person or organization having proper temporary custody of your property if you die; (7) The legal representative of you if you die; or (8) A person (other than an"employee")or an organization while acting as your real estate manager. 3. The following is added to paragraph 2. of Duties in the Event of Occurrence, Offense, Claim or Suit: e. If you report an`occurrence"to your workers compensation carrier that develops into a liability claim for which coverage is provided by the Coverage Form,failure to report such an"occurrence"to us at the time of the'occurrence"shall not be deemed a violation of paragraphs a., b., and c. above. However, you shall give written notice of this"occurrence"to us as soon as you become aware that this "occurrence"may be a liability claim rather than a workers compensation claim. 4. Paragraph 6. is replaced with the following: 6. Representations By accepting this policy, you agree: CGL 088(07 10) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 16 of 17 Copyright 2010 FCC[ Insurance Group i COMMERCIAL GENERAL LIABILITY CGL 088(07 10) a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. Any error or omission in the description of, or failure to completely describe or disclose any premises, operations or products intended to be covered by the Coverage Form will not invalidate or affect coverage for those premises, operations or products, provided such error or omission or failure to completely describe or disclose premises, operations or products was not intentional. You must report such error or omission to us as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium charges or exercise our right of cancellation or nonrenewal. 5. The following is added to paragraph 8.Transfer Of Rights Of Recovery Against Others To Us: We waive an right of recovery we may have because of payments we make for injury or damage arising Y rY Y P Y 1 rY 9 9 out of your ongoing operations or"your work"done under a written contract requiring such waiver with that person or organization and included in the"products-completed operations hazard". However,our rights may only be waived prior to the"occurrence"giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights.At our request, the insured will bring"suit"or transfer those rights to us and help us enforce those rights. 6. Paragraph 10. is added as follows: 10. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in the applicable state(s). CGL 088(07 10) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 17 of 17 Copyright 2010 FCCI Insurance Group I