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Agrrement with SWARM INC. Lozd - 3► 33s- C7 _ zc / ZO zCS Contract No.20-057-03 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND SWARM INC. FOR CULTURAL PROGRAMMING AND EVENT PRODUCERS PURSUANT TO RFQ-2020-057-ND MAR - 9 2021 This Professional Services Agreement ("Agreement") is entered into this day of , 20 ("Effective Date"), between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 (the"City"), and SWARM, INC., a Florida corporation, whose address is 2308 NW 5 AVE, Miami, FL 33127 ("Consultant"). SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Consultant, including any exhibits and amendments thereto. City Manager: The chief administrative officer of the City. City Manager's Designee: The City staff member who is designated by the City Manager to administer this Agreement on behalf of the City. The City Manager's designee shall be Heather Shaw,Assistant Director, Tourism and Cultural Development. Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an independent contractor, and not an agent or employee of the City. Services: All services, work and actions by the Consultant performed or undertaken pursuant to the Agreement. Consultant Service Order: `Consultant Service Order" shall specifically describe and delineate the particular Services which will be required of Consultant for the Project that is the subject of such order using Exhibit "A" — Consultant Service Order Format, attached hereby and made part of this Agreement. Fee: Amount paid to the Consultant as compensation for Services. Proposal Documents: Proposal Documents snail mean City of Miami Request for Qualifications (RFQ) No. 2020-057-ND for Cultural Programming and Event Producers together with all amendments thereto, issued by the City in contemplation of this RFQ, and the Consultant's proposal in response thereto ("Proposal"), all of which are hereby incorporated and 1 made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the following order of precedent shall prevail: this Agreement; the RFQ and the Proposal. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305) 673-7000, Ext. 6435; and fax number(305)673-7023. SECTION 2 SCOPE OF SERVICES 2.1 To assist the City to conceive, develop and implement a programmatic strategies, activations and events throughout the City. The City of Miami Beach is a world-class city, with unparalleled cultural and artistic offerings. The City would like to expand on those offerings, by partnering with a firm(s) who have the ability to bring original ideas and programming vision to drive tourism and hotel room nights, reduce traffic impact, increase resident quality of life and enhance the Miami Beach brand. The City envisions cultural programs and events that enhance the City's reputation as a top cultural destination by: • creating elevated, family-friendly, and diverse experiences; • highlighting local businesses and the commercial energy of the City; • highlighting the City's internationally acclaimed cultural institutions, parks, and • beaches; • attracting a diverse pool of local residents; • activating and invigorating the economic vitality of commercial districts; and • promoting events via a local, and national marketing plan. In consideration of the Fee to be paid to Consultant by the City, Consultant shall provide the work and services described in the Consultant Service Order (CSO) (collectively, "Services"), Exhibit A attached hereto. When the City determines that cultural programming or special events are necessary for any given location within the City, the City will reach out to all prequalified firms, that are in good standing on current or past projects, for proposals. The City will select the proposal and firm that it deems to be in the best interest of the City for the project requirements. Although Consultant may be provided with a schedule of the available hours to provide its Services and/or the appropriate location to perform the Services, the City shall not control or have the right to control any other aspect of the actual manner and means of accomplishing the Services provided. Notwithstanding the foregoing, all Services provided by the Consultant shall be performed in accordance with the terms and conditions set forth in the Consultant Service Order and to the reasonable satisfaction of the City Manager. If there are any questions regarding the Services to be performed, Consultant should contact the following person: Heather Shaw, Assistant Director Tourism &Culture Department HeatherShaw[o�miamibeachfl.gov Ph: 305-673-7577 2 2.2 Consultant's Services and any deliverables incident thereto, shall be completed in accordance with the timeline and/or schedule in the Consultant Service Order. Consultant Service Orders must include a detailed list of tasks, sub-tasks, and deliverables (Collectively the Scope) that are consistent with the work and services described in Section 2. 2.3 Consultant shall only commence any Services, or portions thereof, upon issuance of a Consultant Service Order executed by the City Manager or City Manager's Designee. SECTION 3 TERM The term of this Agreement (`Term") shall commence upon execution of this Agreement by all parties hereto (the Effective Date set forth on p. 1 hereof), and shall have an initial term of two (2) years with one (1) year renewal option, to be exercised at the City Manager's sole option and discretion, by providing Consultant with written notice of same no less than thirty (30) days prior to the expiration of the initial term. Notwithstanding the Term provided herein, Consultant shall adhere to any specific timelines, schedules, dates, and/or performance milestones for completion and delivery of the Services, as same is/are set forth in the timeline and/or schedule referenced in the Consultant Service Order. SECTION 4 FEE 4.1 In consideration of the Services to be provided, Consultant shall be compensated through individual Consultant Service Order(s) issued for a particular project, on a "Fixed Fee" or "Not to Exceed" basis. Notwithstanding the preceding, the total fee paid to Consultant pursuant to this Agreement shall be subject to funds availability approved through the City's budgeting process. 4.2 At the time of negotiation of each Consultant Service Order, City and Contractor will determine the tasks, sub-tasks, and deliverables applicable to the project based on the list of Services, and the lump sum or not-to-exceed amounts associated with each Consultant Service Order. Consultant shall not commence any Services or unless approved in writing by the City Manager or City Manager's Designee. 4.3 Consultant Service Orders shall be executed in accordance with Citywide Procedure No. PO 03.02 (Contract Approval Authority). Any Service Order for activations in excess of $100,000 shall be subject to the prior approval of the Mayor and City Commission. Any Consultant Service Order not executed in accordance herewith shall be null and void. 4.4 Reimbursable Expenses are an allowance set aside by the City and shall include actual expenditures made by the Consultant in the interest of the project, provided such expenses are authorized in advance by the City in a Consultant Service Order. The Reimbursable Expenses allowance, as specified herein, belongs to, and shall be controlled by the City (i.e. unused portions will be retained by the City and shall not be paid to Consultant). Only approved travel-related expenses authorized by a Consultant Service Order will be reimbursed to the Consultant, in an amount not-to-exceed the 3 agreed-upon amount reflected on the corresponding Consultant Service Order, and in accordance with Citywide Procedure No. OD. 20.01 (Travel on City Business), as may be updated by the City from time to time('Reimbursable Expenses"). Notwithstanding the above, any Reimbursable Expenses must be authorized, in advance, in writing, by the City Manager or corresponding Department's Director. Invoices or vouchers for Reimbursable Expenses shall be submitted to the corresponding Department's Director (along with any supporting receipts and other back-up material required to support the amount invoiced, and as requested by the corresponding Department's Director). Consultant shall certify as to each such invoice and/or voucher that the amounts and items claimed as reimbursable are "true and correct and in accordance with the Agreement." Only actual amounts incurred and paid (requiring proof of payment) by the Consultant shall be invoiced, without any markups and/or additions. 4.5 INVOICING Upon receipt of an acceptable and approved invoice, payment(s) shall be made within forty-five (45) days for that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular invoice). Invoices shall include a detailed description of the Services (or portions thereof) provided, and shall be submitted to the City at the following address: Accounts Payable Division: Payables@ miamibeachfl.gov SECTION 5 TERMINATION 5.1 TERMINATION FOR CAUSE If the Consultant shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants, agreements, or stipulations material to this Agreement, the City, through its City Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Consultant of its violation of the particular term(s) of this Agreement and shall grant Consultant ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City may terminate this Agreement without further notice to Consultant. Upon termination, the City shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Consultant. The City, at its sole option and discretion, shall be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's rights and remedies against Consultant. The City shall be entitled to recover all costs of such actions, including reasonable attorneys'fees. 4 5.2 TERMINATION FOR CONVENIENCE OF THE CITY THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF SUCH NOTICE. ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY CONCERN, AS DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S SOLE DISCRETION, THE CITY MANAGER, PURSUANT TO A VERBAL OR WRITTEN NOTIFICATION TO CONSULTANT, MAY IMMEDIATELY SUSPEND THE SERVICES UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE ALTERNATIVE, TERMINATE THIS AGREEMENT ON A GIVEN DATE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, CONSULTANT SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT. 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 5.2. SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its officers, employees, agents, contractors, or any other person or entity acting under Consultant's control or supervision, in connection with, related to, or as a result of the Consultant's performance of the Services pursuant to this Agreement. To that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Consultant shall in no way limit the Consultant's responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The parties agree that one percent (1%) of the total compensation to Consultant for performance of the Services under this Agreement is the specific consideration from the City to 5 the Consultant for the Consultant's indemnity agreement. The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 6.2 INSURANCE REQUIREMENTS Insurance requirements will be determined on a project by project basis at the time of Consultant Service Order(CSO). 6.3 The Consultant shall maintain the required insurance in effect for the duration of the entire project. The maintenance of proper insurance coverage is a material element of the agreement and failure to maintain or renew coverage may be treated as a material breach of the contract, which could result in withholding of payments or termination of the Agreement. 6.4 Additional Insured - City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the Consultant's insurance. 6.5 Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach do EXIGIS Insurance Compliance Services. 6.6 Waiver of Subrogation — Consultant agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. 6.7 Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. 6.8 Verification of Coverage—Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH c!o EXIGIS Insurance Compliance Services P.O. Box 4668—ECM #35050 New York, NY 10163-4668 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeach(a7riskworks.com 6 6.9 Special Risks or Circumstances - The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 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. SECTION 7 LITIGATION JURISDICTIONNENUEIJURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Agreement, Consultant and the City expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. SECTION 8 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on its liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the amount of Ten Thousand and 00/100 Dollars ($10,000.00). Consultant hereby expresses its willingness to enter into this Agreement, with Consultant's recovery from the City for any damages for action for breach of contract to be limited to Ten Thousand and 00/100 Dollars ($10,000.00). Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to Consultant for money damages due to an alleged breach by the City of this Agreement, in an amount in excess of Ten Thousand and 00/100 Dollars($10,000.00). Nothing contained in this subsection, or elsewhere in this Agreement, is in any way intended to be a waiver of the limitation placed upon City's liability, as set forth in Section 768.28, Florida Statutes. SECTION 9 DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS; COPYRIGHT, AND CONFIDENTIAL FINDINGS 9.1 DUTY OF CARE With respect to the performance of the Services contemplated herein, Consultant shall exercise that degree of skill, care, efficiency and diligence normally exercised by reasonable persons and/or recognized professionals with respect to the performance of comparable work and/or services. 7 9.2 COMPLIANCE WITH APPLICABLE LAWS In its performance of the Services, Consultant shall comply with all applicable laws, ordinances, and regulations of the City, Miami-Dade County, the State of Florida, and the federal government, as applicable. 9.3 PATENT RIGHTS; COPYRIGHT;CONFIDENTIAL FINDINGS Any work product arising out of this Agreement, as well as all information specifications, processes, data and findings, are intended to be the property of the City and shall not otherwise be made public and/or disseminated by Consultant, without the prior written consent of the City Manager, excepting any information, records etc. which are required to be disclosed pursuant to Court Order and/or Florida Public Records Law. All reports, documents, articles, devices, and/or work produced in whole or in part under this Agreement are intended to be the sole and exclusive property of the City, and shall not be subject to any application for copyright or patent by or on behalf of the Consultant or its employees or sub-consultants, without the prior written consent of the City Manager. SECTION 10 GENERAL PROVISIONS 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to Consultant, and at any time during normal business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized holidays), and as often as the City Manager may, in his/her reasonable discretion and judgment, deem necessary, there shall be made available to the City Manager, and/or such representatives as the City Manager may deem to act on the City's behalf, to audit, examine, and/ or inspect, any and all other documents and/or records relating to all matters covered by this Agreement. Consultant shall maintain any and all such records at its place of business at the address set forth in the"Notices" section of this Agreement. 10.2 INSPECTOR GENERAL AUDIT RIGHTS (A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. (B) The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in 8 conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Consultant, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. (C) Upon ten (10) days written notice to the Consultant, the Consultant shall make all requested records and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Consultant its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. (D) The Inspector General shall have the right to inspect and copy all documents and records in the Consultant's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back-change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. (E) The Consultant shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this Agreement, for examination, audit, or reproduction, until three (3) years after final payment under this Agreement or for any longer period required by statute or by other clauses of this Agreement. In addition: If this Agreement is completely or partially terminated, the Consultant shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Consultant shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement until such appeals, litigation,or claims are finally resolved. 9 (F) The provisions in this section shall apply to the Consultant, its officers, agents, employees, subcontractors and suppliers. The Consultant shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Consultant in connection with the performance of this Agreement. (G) Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Consultant or third parties. 10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING Consultant shall not subcontract, assign, or transfer all or any portion of any work and/or service under this Agreement without the prior written consent of the City Manager, which consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as approved pursuant to this Section, and any attempt to make such assignment (unless approved)shall be void. 10.4 PUBLIC ENTITY CRIMES Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with the City's Procurement Division. 10.5 NO DISCRIMINATION In connection with the performance of the Services, the Consultant shall not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, age, disability, religion, income or family status. Additionally, Consultant shall comply fully with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing, public accommodations, and public services on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation. 10.6 CONFLICT OF INTEREST Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade County Code, as may be amended from time to time; and by the City of Miami Beach Charter and Code, as may be amended from time to time; both of which are incorporated by reference as if fully set forth herein. Consultant covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of the Services. Consultant further covenants that in the performance of this Agreement, Consultant shall not employ any person having any such interest. No member of or delegate to the 10 Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 10.7 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW (A) Consultant shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. (B) The term "public records" shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. (C) Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the definition of"Contractor"as defined in Section 119.0701(1)(a), the Consultant shall: (1) Keep and maintain public records required by the City to perform the service; (2) Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement if the Consultant does not transfer the records to the City; (4) Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Consultant or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. (D) REQUEST FOR RECORDS; NONCOMPLIANCE. (1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Consultant of the request, and the Consultant must provide the records to the City or allow the records to be inspected or copied within a reasonable time. (2) Consultant's failure to comply with the City's request for records shall constitute a breach of this Agreement. and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or(3)avail itself of any available remedies at law or in equity. {3) A Consultant who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. 11 (E) CIVIL ACTION. (1) If a civil action is filed against a Consultant to compel production of public records relating to the City's contract for services, the court shall assess and award against the Consultant the reasonable costs of enforcement, including reasonable attorneys' fees, if: a. The court determines that the Consultant unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Consultant has not complied with the request, to the City and to the Consultant. (2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of public records and to the Consultant at the Consultant's address listed on its contract with the City or to the Consultant's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. (3) A Consultant who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. (F) IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADO(WIAMIBEACHFL.GOV PHONE: 305-673-7411 10.8 FORCE MAJEURE (A) A ''Force Majeure" event is an event that (i) in fact causes a delay in the performance of the Consultant or the City's obligations under the Agreement, and (ii) is beyond the reasonable control of such party unable to perform the obligation, and (iii) is not due to an intentional act, error, omission, or negligence of such party, and (iv) could not have reasonably been foreseen and prepared for by such party at any time prior to the occurrence of the event. Subject to the foregoing criteria, Force Majeure may include events such as war, civil insurrection, riot. fires, epidemics, pandemics, terrorism. sabotage, explosions, embargo restrictions, quarantine restrictions, transportation accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God which prevent performance. Force Majeure shall not include technological impossibility, inclement weather, or failure to secure any of the required permits pursuant to the Agreement. 12 (B) if the City or Consultant's performance of its contractual obligations is prevented or delayed by an event believed by to be Force Majeure, such party shall immediately, upon learning of the occurrence of the event or of the commencement of any such delay, but in any case within fifteen (15) business days thereof, provide notice: (i) of the occurrence of event of Force Majeure, (ii) of the nature of the event and the cause thereof, (iii) of the anticipated impact on the Agreement, (iv) of the anticipated period of the delay, and (v) of what course of action such party plans to take in order to mitigate the detrimental effects of the event. The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent to allowance of any relief pursuant to this section; however, receipt of such notice shall not constitute acceptance that the event claimed to be a Force Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a Force Majeure event shall be on the requesting party. (C) No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party is rendered unable, in whole or in part, by Force Majeure to carry out such obligations. The suspension of any of the obligations under this Agreement due to a Force Majeure event shall be of no greater scope and no longer duration than is required. The party shall use its reasonable best efforts to continue to perform its obligations hereunder to the extent such obligations are not affected or are only partially affected by the Force Majeure event, and to correct or cure the event or condition excusing performance and otherwise to remedy its inability to perform to the extent its inability to perform is the direct result of the Force Majeure event with all reasonable dispatch. (D) Obligations pursuant to the Agreement that arose before the occurrence of a Force Majeure event, causing the suspension of performance, shall not be excused as a result of such occurrence unless such occurrence makes such performance not reasonably possible. The obligation to pay money in a timely manner for obligations and liabilities which matured prior to the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions. (E) Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure occurrence, the City may, at the sole discretion of the City Manager, suspend the City's payment obligations under the Agreement, and may take such action without regard to the notice requirements herein. Additionally, in the event that an event of Force Majeure delays a party's performance under the Agreement for a time period greater than thirty (30) days, the City may, at the sole discretion of the City Manager, terminate the Agreement on a given date, by giving written notice to Consultant of such termination. It the Agreement is terminated pursuant to this section, Consultant shall be paid for any Services satisfactorily performed up to the date of termination; following which the City shall be discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. In no event will any condition of Force Majeure extend this Agreement beyond its stated term. 10.9 E-VERIFY (A) Consultant shall comply with Section 448.095, Florida Statutes, "Employment Eligibility" ("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify Statute, commencing on January 1, 2021, Consultant shall register with and use the E- 13 Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement. Additionally, Consultant shall expressly require any subconsultant performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subconsultant during the contract Term. If Consultant enters into a contract with an approved subconsultant, the subconsultant must provide the Consultant with an affidavit stating that the subconsultant does not employ, contract with, or subcontract with an unauthorized alien. Consultant shall maintain a copy of such affidavit for the duration of the Agreement or such other extended period as may be required under this Agreement. (B) TERMINATION RIGHTS. (1) If the City has a good faith belief that Consultant has knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate this Agreement with Consultant for cause, and the City shall thereafter have or owe no further obligation or liability to Consultant. (2) If the City has a good faith belief that a subconsultant has knowingly violated the foregoing Subsection 10.9(A), but the Consultant otherwise complied with such subsection, the City will promptly notify the Consultant and order the Consultant to immediately terminate the Agreement with the subconsultant. Consultant's failure to terminate a subconsultant shall be an event of default under this Agreement, entitling City to terminate the Consultant's contract for cause. (3) A contract terminated under the foregoing Subsection (B)(1) or (B)(2) is not in breach of contract and may not be considered as such. (4) The City or Consultant or a subconsultant may file an action with the Circuit or County Court to challenge a termination under the foregoing Subsection (B)(1)or (B)(2) no later than 20 calendar days after the date on which the contract was terminated. (5) If the City terminates the Agreement with Consultant under the foregoing Subsection (B)(1), Consultant may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. (6) Consultant is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Section 10.9. SECTION 11 NOTICES Until changed by notice, in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: SWARM INC. 2308 NW 5 AVE Miami, FL 33127 Attn: Michael Davidson mdavidson(cr�swarminc.com 14 TO CITY: City Manager's Office City of Miami Beach 1700 Convention Center Drive, 4th Floor Miami Beach, FL 33139 Attn: Raul Aguila, Interim City Manager raulaquilamiamibeachfl.gov WITH A COPY TO: Tourism &Culture Department 1755 Meridian Avenue, Suite #500 Miami Beach, FL 33139 Attn: Heather Shaw, Assistant Director heathershaw�r7miamibeachff goy All notices mailed electronically to either party shall be deemed to be sufficiently transmitted. SECTION 12 MISCELLANEOUS PROVISIONS 12.1 CHANGES AND ADDITIONS This Agreement cannot be modified or amended without the express written consent of the parties. No modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 12.2 SEVERABILITY If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected, and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 12.3 WAIVER OF BREACH A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A party's waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 12.4 JOINT PREPARATION The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been a joint effort of the parties, the language has been agreed to by parties to express their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 15 12.5 ENTIRETY OF AGREEMENT The City and Consultant agree that this is the entire agreement between the parties. This Agreement supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 16 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: By: _ �`-- --_ Cit Jer2 ___ k MAR - 9 2021 MAYOR Date: Date: 03/04/21 .\PMS..B14t4EY FOR CONSULTANT: �1NCORP1 RA ' ' s @, PQptRM INC. ATTEST: L'1y"2o A ______,...___ , m By: B : 3ov ' ZctulaS° i C, E-0 Print Name and Title Print Name and Title Date: Date: Z' J 5, Gv- AS TO F, ..`,'1 & 'ANGUAGE �, &FO XECUTION 17 .-:-.y Attorney to ..f.,�til EXHIBIT A SAMPLE CONSULTANT SERVICE ORDER("CSO") Service Order No. for services described herein TO: SWARM Inc. PROJECT NAME: DATE: Pursuant to the agreement between the City of Miami Beach and Consultant for Cultural Programming and Event Producers(RFC)No. 2020-057-ND)you are directed to provide the following services: SCOPE OF SERVICES: Per attached proposal dated , to be considered part of this Agreement. Estimated calendar days to complete this work: Days Original Service Order Amount: $ Total From Previous Additional Service Orders: Fee for this Service Order is Lump Sum/Not to Exceed amount of: $ Dept. Director Date Assistant City Manager Date Consultant Date City Manager Date "Insurance Requirements to be Determined on a Project by Project Basis. 18 ATTACHMENT A RESOLUTION &COMMISSION AWARD MEMO RESOLUTION NO. 2020-31335 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2020-057-ND, FOR CULTURAL PROGRAMMING AND EVENT PRODUCERS; AUTHORIZING THE ADMINISTRATION TO ESTABLISH A POOL OF PRE-QUALIFIED CONSULTANTS FOR SPECIFIC TASKS RELATING TO CULTURAL PROGRAMMING AND EVENT PRODUCING SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH TOM BERCU PRESENTS, INC., AS THE FIRST RANKED PROPOSER; AND IDEKO PRODUCTIONS LLC AND SWARM, INC., AS THE TIED SECOND RANKED PROPOSERS; AND FURTHER, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS WITH EACH OF THE FOREGOING PROPOSERS UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION, WHICH AGREEMENTS SHALL SPECIFY THAT ANY SERVICE ORDERS FOR ACTIVATIONS IN EXCESS OF $100,000 SHALL BE SUBJECT TO THE PRIOR APPROVAL OF THE MAYOR AND CITY COMMISSION. WHEREAS, on December 11, 2019, the Mayor and City Commission approved the issuance of the Request for Qualifications (RFQ) No. 2020-057-ND for Cultural Programming and Event Producers; and WHEREAS, Request for Qualifications No. 2020-057-ND (the "RFQ") was released on December 24, 2019; and WHEREAS, a voluntary pre-proposal meeting was held on January 7, 2020; and WHEREAS, on February 10, 2020, the City received a total of 4 proposals, from Ideko Productions LLC, Riddims Marketing, Inc., SWARM, Inc., and Tom Bercu Presents, Inc.; and WHEREAS, the evaluation committee ("Committee)" convened on June 26, 2020 to review and score the remaining proposals; and WHEREAS, the Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law, general information on the scope of services, and a copy of each proposal; and WHEREAS, the Committee's ranking was as follows: Tom Bercu Presents, Inc., as the first ranked proposer, and Ideko Productions LLC and SWARM, Inc., as the tied second ranked proposers; and WHEREAS, any engagement over $100,000 will be subject to prior City Commission approval; and WHEREAS, after reviewing the qualifications of each firm, and having considered the Evaluation Committee's rankings, the City Manager is recommending that the Mayor and the City Commission authorize the Administration to establish a pool of pre-qualified consultants for specific tasks relating to cultural programming and event producing services, and further authorize the Administration to enter into negotiations with Tom Bercu Presents, Inc., as the first ranked proposer; and Ideko Productions LLC and SWARM, Inc., as the tied second ranked proposers. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager, pursuant to Request for Qualifications (RFQ) No. 2020-057-ND for Cultural Programming and Event Producers; authorize the Administration to establish a pool of pre-qualified consultants for specific tasks relating to cultural programming and event producing services; and authorize the Administration to enter into negotiations with Tom Bercu Presents, Inc., as the first ranked proposer; and ldeko Productions LLC and SWARM, Inc., as the tied second ranked proposers; and further, authorize the Mayor and City Clerk to execute agreements with each of the foregoing proposers upon conclusion of successful negotiations by the Administration, which agreements shall specify that any service orders for activations in excess of$100,000 shall be subject to the prior approval of the Mayor and City Commission. PASSED AND ADOPTED this c2q day of Jkir 2020. 2-Y41------__ Dan Gelber, Mayor ATTE=ST: 2, 29� �t APPROVED AS TO Rafa I E. Granado, City Clerk ,,,,B FORM&LANGUAGE `s.:: 0,,,i '..:--",)f,', &FOR EXECUTION I41[ORP1OP.1.1Eu :'42 --. 7 (13 Zo a.p,,,,,, �. City Attorney R___IAY Date F:\PURC\Solicitations1202012020-057-ND RFQ Cultural Programming and Event Producers\10-Commission Award Documents\RFQ-2020-057-ND-Resolution FINAL.doc Coversheet Page 1 of 2 Resolutions-C7 R MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L.Morales,City Manager DATE: July 29,2020 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2020-057-ND, FOR CULTURAL PROGRAMMING AND EVENT PRODUCERS; AUTHORIZING THE ADMINISTRATION TO ESTABLISH A POOL OF PRE-QUALIFIED CONSULTANTS FOR SPECIFIC TASKS RELATING TO CULTURAL PROGRAMMING AND EVENT PRODUCING SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH TOM BERCU PRESENTS, INC., AS THE FIRST RANKED PROPOSER; AND IDEKO PRODUCTIONS LLC AND SWARM, INC., AS THE TIED SECOND RANKED PROPOSERS; AND FURTHER, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS WITH EACH OF THE FOREGOING PROPOSERS UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION, WHICH AGREEMENTS SHALL SPECIFY THAT ANY SERVICE ORDERS FOR ACTIVATIONS IN EXCESS OF$100,000 SHALL BE SUBJECT TO THE PRIOR APPROVAL OF THE MAYOR AND CITY COMMISSION. RECOMMENDATION Adopt the Resolution accepting the City Manager's recommendation. BACKGROUND/HISTORY The City of Miami Beach (the"City")seeks proposals from qualified firms interested in assisting the City to conceive,develop and implement programmatic strategies, activations and events throughout the City. Miami Beach is a world-class city, with unparalleled cultural and artistic offerings. The City would like to expand on those offerings, by partnering with a firm(s)who have the ability to bring original ideas and programming vision to drive tourism and hotel room nights, reduce traffic impact, increase resident quality of life and enhance the Miami Beach brand. By means of this RFQ,the City seeks to qualify firms to provide the City with cultural programming and event producing services. This RFQ is not being issued for a current particular project or service need at this time. The RFQ is being issued to assure that there is a sufficient pool of consultants to assist the City with its future cultural programming or special events needs on a project by project basis. Therefore, the City may award a pool of one (1) or more consultants that may be eligible to be considered for future work.A master agreement shall be established with each awarded firm.When a project or event is identified, staff will seek proposals from the qualified firm in order to select the best firm for the particular need. ANALYSIS On December 11, 2019, the City Commission approved to issue the Request for Qualifications (RFQ) No. 2020-057-ND for Cultural Programming and Event Producers. On December 24,2019,the RFQ was issued.A voluntary pre-proposal conference to provide information to proposers submitting a response was held on January 7,2020.Two addenda were issued.The Procurement Department issued bid notices to 5,199 companies utilizing www.bidsync.com website. 67 prospective bidders accessed the advertised solicitation.RFQ responses were due and received on February 10,2020.The City received a total of 4 proposals from the following firms:Ideko Productions LLC,Riddims Marketing,Inc.,SWARM, Inc.,and Tom Bercu Presents,Inc. On January 8, 2020, the City Manager appointed the Evaluation Committee via LTC # 015-2020. The Evaluation Committee convened on June 26, 2020, to consider proposals received. The Committee was comprised of Cynthia Casanova, Assistant Director, Parks and Recreation Department, City of Miami Beach; Tonya Daniels, Director, Marketing and Communications Department, City of Miami Beach; Brandi Sally, Director of Events and Guest Services, Spectra Venue Management; and Brandi Reddick, Cultural Affairs Program Manager, Tourism and Culture Department,City of Miami Beach.The Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee was also provided with general information on the scope of services and a copy of each proposal.The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ. The evaluation process resulted in the raking of proposers indicated in Attachment A,in the following order: 1.Tom Bercu Presents, Inc. 2. Ideko Productions LLC(tied) 2.SWARM,Inc.(tied) 4. Riddims Marketing,Inc. A summary of each top-ranked firm follows: Tom Bercu Presents,Inc. httns://m iamibeach.novusaaenda.com/aaendanublic/CoverSheet.asDX?ItemID=18269&Me... 7/28/2020 Coversheet Page 2 of 2 According to the information provided by the firm,Tom Bercu Presents, Inc.was established in 2007 and has for many years been involved with the planning, marketing, and execution of the Winter Festival and Pride Miami Beach. Tom Bercu Presents, Inc. brings a unique disposition and strength to the table along with expertise in producing award winning events. Ideko Productions LLC According to the information provided by the firm, Ideko Productions LLC specializes in designing,permitting,and producing large- scale events. Ideko Productions LLC prides itself on its highly professional team with decades of event production experience in both the private and public sectors. Ideko Productions LLC has produced events such as the Alicia Keys concert in Times Square and the Nike Choose Go 5K which was attended by 2.5 million. SWARM,Inc. According to the information provided by the firm, SWARM, Inc. was founded in 2005. This was a collaboration of three local companies that together have over 50 years of combined experience. SWARM, Inc. provides marketing, special event permitting, location and venue scouting, event logistics, staffing and management, sponsorship management, audio, and much more. SWARM,Inc.has produced events such as the NFL SuperBowl LIV Team Arrivals 2020 and Wynwood Pride. FINANCIAL INFORMATION The cost of the related services, determined upon successful negotiations, are subject to funds availability approved through the City's budgeting process. CONCLUSION After reviewing all of the submissions and the Evaluation Committee process, I concur with the Evaluation Committee and find that Tom Bercu Presents, Inc., Ideko Productions LLC, and SWARM, Inc. to be the best qualified firms to be included in the pre- qualified pool of consultants for future engagements relating to cultural programming and event producing services. These firms have a wealth of knowledge in the City of Miami Beach,neighboring municipalities,and other city govemments.The three(3)firms have vast experience in producing various events and engaging the community through social media, surveys, and town hall meetings. Additionally,some of the prior experience provided by the firms demonstrated their ability to produce and deliver events with a high level of expertise. It is important to note that the RFQ was not issued with any particular event in mind; rather, the purpose of the RFQ is to proactively prequalify firms now so that proposals can be expedited when the need for an event producer is identified. Otherwise, the City would need to begin the solicitation process when the need for an event producer was identified,which would significantly delay getting an event producer on board.Any engagement over$100,000 will be subject to prior City Commission approval. For the reasons stated herein, I recommend that the Mayor and City Commission approve the resolution authorizing the Administration to establish a pool of pre-qualified consultants for specific tasks relating to cultural programming and event producing services;in order to assure that the City's needs for cultural programming and event producing services is available from firms qualified to perform the work; authorizing the Administration to enter into negotiations with Tom Bercu Presents, Inc., as the first ranked proposer; and Ideko Productions LLC, and SWARM,Inc.,as the tied second ranked proposers;and further authorizing the Mayor and City Clerk to execute agreements with each of the foregoing proposers upon conclusion of successful negotiations by the Administration. Applicable Area Citywide Is this a"Residents Right to Does this item utilize G.O. Know"item,pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Tracking Tourism and Culture/Procurement ATTACHMENTS: Description 0 Attachment A o Resolution httnc•//miarniheach nnvircauenria rnm/auenriarnrhlic/CnverSheet_asnx?Item1D 1 R269&Me... 7/2X/2020 RFQ 2020-057-ND Oe a o, es o, Cultural Programming and Cynthia Cassanova :5 Tonya Daniels c Brandi Reddick c Brandi Sally c Low c Event Producers e c c Aggregate c K i K Totals K Qualitative Quantitative Subtotal Qualitative Quantitative Subtotal Qualitative Quantitative Subtotal _ Qualitative Quantitative Subtotal Ideko Productions LLC 84 0 84 3 90 0 90 1 98 0 98 2 65 0 65 3 9 2 Riddims Marketing,Inc. 70 0 70 4 75 0 75 4 87 0 87 4 50 0 50 4 16 4 SWARM,Inc. 90 0 90 2 87 0 87 _3 90 0 90 3 85 0 85 1 9 2 Tom Bercu Presents,Inc. 89 5 94 1 85 5 90 1 98 5 103 1 80 5 85 1 i 4 1 ter.✓ astir_:. .. ountMam.wnrc-. WV; '''';`,4%F;#,,,•,' Total Quantitative MYmI Beach Beset (Miami Beach Bash Proposer Prehrerce Veteran.Prelerence Pads Veteran's) Ideko Productions LLC 0 0 0 Ritltlima Markalkq,ec. 0 0 0 SWARM,Inc. 0 0 0 Tom Barcu PrsaeMs.Inc. 5 0 0 ATTACHMENT B ADDENDUM AND RFQ SOLICITATION MIAMI B EACHProcurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www,miamibeachfl.gov ADDENDUM NO. 2 REQUEST FOR QUALIFICATIONS NO. 2020-057-ND CULTURAL PROGRAMMING AND EVENT PRODUCERS (the"RFQ") February 3, 2020 This Addendum to the above-referenced RFQ is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City, The RFQ is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). The deadline for questions has passed. No further questions will be considered,and no extensions will be made. 1. RESPONSES TO QUESTIONS RECEIVED. Q1: Will payment be made available on the day of the event? Al: Payment terms and conditions will be negotiated with each selected firm. 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(a.miamibeachfl.9ov Contact: Telephone: f Email: Natalia Delgado 305-673-7000 ext. 6263 nataliadelgado@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential proposers that have elected not to submit a response to the RFQ are requested to complete and return the''Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. Ale' Denis Pro ur erirb irector RFQ No.2020-057-ND Addendum#2 1/31/2020 M Iam ! p E - H Procurement Department 1755 Meridian , , Miami Beach, Florida 33139 www.miamibeachfl.gov ADDENDUM NO. 1 REQUEST FOR QUALIFICATIONS NO. 2020-057-ND CULTURAL PROGRAMMING AND EVENT PRODUCERS(the"RFQ") January 28, 2020 This Addendum to the above-referenced RFQ is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFQ is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). The deadline for questions has passed. No further questions will be considered,and no extensions will be made. 1. ATTACHMENTS. Exhibit A: Pre-Proposal Sign-in Sheet Exhibit B: List of Bid Holders 2. RESPONSES TO QUESTIONS RECEIVED. Q1: 2.1 Org Chart. This will vary with every project. Do we need to use just top-level executives or large team? Should we include contracted employees? Al: The purpose of the organizational chart is to understand the proposer's team [emphasis added] relative to the services requested. As such, proposers should include all employees or consultants that would be routinely involved in the delivery of the identified services. It is understood that the actual talent or event specifics will vary with every project. Q2: You mentioned that we can access who attended the meeting. I know we all signed in. How can I access who attended? A2: Please refer to Exhibit A, Pre-Proposal Sign-in Sheet. Q3: Tab 3. Approach and Methodology. How do we submit videos or photos? A3: Please submit them as part of the USB or CD that has the electronic copy of your proposal. Q4: Is there a process to submit our company for sub-contractor opportunities? And if so, what is the process? A4: While the City has no direct involvement in whom each proposer selects as its team members (sub-contractors), those firms or individuals interested in sub-contracting with a prime proposer may review the attached list of bid holders (Exhibit B) and contact any bid holder directly for sub-contracting opportunities. RFQ No. 2020-057-ND Addendum#1 1/28/2020 M 1 Af 1 BE AC 1 1Procurement Department 1755 Meridian Ave, 31c Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov 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: I Email: Natalia Delgado 305-673-7000 ext.6263 1 nataliadelgado@miamibeachfl.gov I Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission.. Potential proposers that have elected not to submit a response to the RFQ are requested to complete and return the "Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. Si er'l kk,..„ Al x Der s P ocurl ent Director RFQ No. 2020-057-ND Addendum#1 1/28/2020 t\/\ I AM I B EAC HProcurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov EXHIBIT A Pre-Proposal Sign-in Sheet RFQ No. 202.0-057-ND Addendum#1 1/28/2020 MIAMI BEACH CITY OF MIAMI BEACH PRE-PROPOSAL MEETING SIGN-IN SHEET DATE: January 7, 2020 TITLE: RFQ-2020-057-ND CULTURAL PROGRAMMING AND EVENT PRODUCERS NAME COMPANY NAME PHONE# Signature (PLEASE PRINT) E-MAIL ADDRESS Natalia Delgado Procurement- CMB 305-673-7000 c nataliadelgado@miamibeachfl.gov Ext. 26263 D(if Q_CL,ok_ C(v t, Q.--for.n.hkr"PrQ_SLOS .CQt'/N & cu• 3-: c, ttl.PI 0 :,-65 ) , Q- vvvc. c ..,.... -.2X li St,t/q&w) At Aid,.,,,vi 30i oi ,s,v,47,141-4( .(t„, 7g6s-z) i 72r- ill A fi vi )•-1 Aw lkl:)A\5 (L.-k1i4\ \NIIN'a ..-x:-:.1 t '\,(--A 95.4c --- (4\i-C------..".. i ek AL., /1,/ /Y:-‘7/./ ..)-,-,, ,.,....), [A,‘,,,,,t 14, c'ly•, ,,, J9 ( 4 1 tr php Kg-) 4an I 1 /'\/\ I AM I BEACHProcurement Department 1755 Meridian Ave, 3r0 Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov EXHIBIT B List of Bid Holders RFQ No.2020-057-ND Addendum#1 1/28/2020 Suppliers Viewed Report for City of Miami Beach Bid 2020-057-ND Suppliers that have Viewed Bid #2020-057-ND - Cultural Programming and Event Producers 4gifonded Supplier 1=IIIIIIIIIII/IIIII1M Qualifications Date First Viewed Date Most Recently Viewed Download 4BBCorp [Ad] Jmendez@4bbcorp.com HOLLYWOOD FL Jan 9,2020 3:41:00 Jan 9,2020 3:41:00 PM EST No PM EST Abelita LLC adriene@abelita.co Tallahassee FL Dec 26,2019 7:34:56 Dec 26,2019 7:34:56 PM EST Yes PM EST Dec 27,2019 12:53:15 Advanced Starlight International watsonadvancedstarlight@outlook.com Seattle WA PM EST Jan 17,2020 8:54:02 PM EST No Jan 23,2020 4:34:11 All About Events&Meetings,Iic ablevents@yahoo.com Homestead FL PM EST Jan 23,2020 4:38:34 PM EST No Pembroke Dec 26,2019 1:50:39 Asterisko Media LLC hello@asterisko.media Pines FL PM EST Dec 26,2019 1:51:43 PM EST Yes Atlantic Studios,Inc info@atlanticstudios.corn Coral Springs FL Jan 9,2020 9:14:09 Jan 9.2020 9:14:09 AM EST No AM EST Black Swan Events sneysmith@blackswaneventsinc.com Coconut FL Jan 2,2020 8:50:52 Jan 2,2020 8:50:52 PM EST No Creek PM EST Dec 26,2019 6:25:37 Branding Alliance Lenor@brandingalliance.net Hollywood FL PM EST Dec 26,2019 6:25:37 PM EST No Dec 29,2019 9:03:05 CoCoMoConstruction robb@cocomoconstruction.com Clearwater FL AM EST Dec 29,2019 9:03:05 AM EST Yes Dec 27,2019 12:03:38 ConstructConnect content@constructconnect.com Cincinnati OH AM EST Dec 29,2019 11:49:54 PM EST No ConstructConnect content@constructconnect.com Cincinnati OH Jan 2,2020 2:19:42 Jan 28.2020 1:11:41 AM EST No AM EST ConstructConnect content@constructconnect.com Cincinnati OH Dec 29,2019 11:52:53 Dec 29,2019 11:52:53 PM EST No PM EST customersupport rfpalerts@gmail.com Newark DE Dec 26,2019 3:42:17 Jan 27,2020 6:28:38 AM EST Yes AM EST Dec 27,2019 5:54:27 Data Source daviddande007@gmail.com Anchorage AK AM EST Dec 31,2019 6:11:38 AM EST Yes Jan 2,2020 3:29:00 Dave Cook Events Inc. davecookevents@gmail.com Miami Beach FL PM EST Jan 2,2020 3:31:01 PM EST No Dec 24,2019 10:16:52 Dodge Data dodge.docs@construction.com Hot Springs AR PM EST Jan 28,2020 9:17:05 AM EST No e.Republic mlamoreaux@erepublic.com Folsom CA Jan 3,2020 2:34:46 Jan 3,2020 2:34:46 PM EST No PM EST Florida Bid Reporting kila@floridabid.com Tallahassee FL Jan 13,2020 8:06:57 Jan 13,2020 8:06:57 AM EST No AM EST 1/28/2020 p.1 Suppliers Viewed Report for City of Miami Beach Bid 2020-057-ND Freez Frame Marketing&Media. NORTH Jan 4.2020 10:48:20 Inc. freezframenyc@yahoo.com MIAMI FL AM EST Jan 4,2020 10:48:20 AM EST No Dec 28,2019 1:20:05 Gabrielle Charles&Co.PR Agency info@gabriellecharles.com MIAMI FL AM EST Dec 28,2019 1:20:05 AM EST No Dec 31,2019 2:02:39 Genesis Preferred Solutions info@genesispreferred.com ARLINGTON TX PM EST Dec 31,2019 2:02:39 PM EST No Great staff pro marcoford@gmail.com Miami FL Jan 27,2020 11:43:15 Jan 27,2020 11:43:15 PM EST No PM EST GreMark Consultancy,Inc. gregormark70@yahoo.com Willimantic CT Dec 26,2019 12:50:03 Dec 26,2019 12:50:03 AM EST No AM EST Hat's Off Party and Event Planners esther@hatsoffpartyandevents.com Miami FL Jan 16,2020 12:20:54 Jan 16,2020 12:20:54 PM EST No PM EST Jan 7,2020 11:37:13 IDEKO gabrielle@ideko.com NEW YORK NY AM EST Jan 21,2020 3:26:54 PM EST Yes Jan 24,2020 9:59:30 InfraAmericas eugene.gilligan@acuris.com NEW YORK NY AM EST Jan 24.2020 9:59:30 AM EST No North miami Jan 4,2020 9:51:50 iPhone and iPhone Warehouse brian@ppwstores.com beach FL AM EST Jan 6,2020 7:52:27 PM EST No iSqFt content@constructconnect.com Phoenix AZ Jan 20,2020 1:53:38 Jan 20.2020 1:53:38 AM EST No AM EST ITSol,LLC mcsb2012@yahoo.com Orlando FL Dec 25,2019 11:36:40 Dec 25,2019 11:36:40 PM EST No PM EST Kimberly Chmura rafa_kccproductions@hotmail.com Miami FL Jan 15,2020 1:37:07 Jan 15,2020 1:37:07 PM EST Yes PM EST Dec 26,2019 4:31:45 narduli studio susan@nardulistudio.com Los Angeles CA PM EST Dec 26,2019 4:31:45 PM EST No North America Procurement Grand Dec 26.2019 7:2.9:23 Council sourcemanagement@napc.me Junction CO AM EST Jan 22,2020 1:14:07 PM EST Yes Dec 30,2019 1:03:56 Open Minds rfphotline@openminds.com Gettysburg PA PM EST Dec 30.2019 1:03:56 PM EST No Penn House Productions,LLC pennhouse@yahoo.com Coral Springs FL Jan 10,2020 9:57:36 Jan 10,2020 9:57:36 AM EST Yes AM EST Print Basics,Inc. craig@printbasics.com deerfield FL Dec 30,2019 10:09:47 Dec 30,2019 10:09:47 AM EST No beach AM EST Jan 10,2020 10:20:49 Prism Creative Group isabella@prismcreativegroup.com MIAMI BEACH FL AM EST Jan 10,2020 10:20:49 AM EST No Dec 26,2019 10:39:56 Reliastar Life Insurance Company ebsalessupport@voya.com MINNEAPOLIS MN AM EST Dec 26.2019 10:39:56 AM EST Yes VENDOR Dec 26,2019 3:40:41 Riddims Marketing Inc. irieed@yahoo.com Miramar FL QUESTIONNAIRE PM EST Jan 6,2020 11:59:19 AM EST Yes Sunrise Engineering Solutions ahwaz5656@gmail.com Sunrise FL Jan 6,2020 2:04:44 Jan 6,2020 2:04:44 PM EST No PM EST 1/28/2020 p.2 Suppliers Viewed Report for City of Miami Beach Bid 2020-057-ND SWARM mdavidson@swarminc.com Miami FL Dec 27,2019 10:17:25 Jan 28,2020 8:57:40 AM EST Yes AM EST The Blue Book dcavuoto@maiithebluebook.com Jefferson NY Dec 29,2019 4:22:54 Jan 26,2020 5:39:29 AM EST No Valley AM EST Dec 25,2019 12:29:24 The Hungry Black Man starexsmithl@gmail.com Miami FL PM EST Dec 25,2019 12:29:24 PM EST No West Palm Dec 26,2019 9:54:33 Tierra South Florida,Inc. bfunt@tierrasf.com Beach FL AM EST Dec 30,2019 10:53:42 AM EST Yes West Palm Jan 8,2020 5:44:00 Upscale Events by Mosaic LLC asorrell@upscalebymosaic.com Beach FL PM EST Jan 8,2020 5:44:00 PM EST Yes van Vark Creative Enterprises.Inc. info@stephaniecreates.com Miami FL Dec 26,2019 11:30:02 Jan 5,2020 11:51:42 PM EST No DBA Stephanie Creates AM EST WUP.Productions dewing@wupaccess.com Miami FL Jan 13,2020 12:27:18 Jan 13,2020 12:27:18 PM EST No Gardens PM EST Dec 25,2019 1:40:02 www.BlueprintCreativeGroup.com fabiola@blueprintcreativegroup.com Miami FL PM EST Dec 25,2019 1:40:02 PM EST No Qualification Totals:VENDOR QUESTIONNAIRE(1) 1/28/2020 P.3 TABLE OF CONTENTS SOLICITATION SECTIONS: 0100 INSTRUCTIONS TO PROPOSERS 0200 GENERAL CONDITIONS 0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT 0400 PROPOSAL EVALUATION APPENDICES: APPENDIX A PROPOSAL CERTIFICATION and QUESTIONNAIRE APPENDIX B "NO BID" FORM MI AM BEACH SECTION 0100 INSTRUCTIONS TO RESPONDENTS &GENERAL CONDITIONS 1. GENERAL. This Request for Qualifications (RFQ) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit proposals for the City's consideration in evaluating qualifications to select a firm with whom it may negotiate an agreement for the purpose noted herein. Prospective Proposers that have obtained this solicitation in any manner other than via BidSync(www.bidsync.com) are advised that the City utilizes BidSync (www.bidsync.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFQ. Any Prospective Proposer who has received this RFQ by any means other than through BidSync must register immediately with BidSync to assure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The purpose of this solicitation is to create a pool of prequalified cultural programming and event producers for future work. When the City determines that cultural programming or special events are necessary for any given location within the City, the City will reach out to all prequalified firms, that are in good standing on current or past projects, for proposals. The City will select the proposal and firm that it deems to be in the best interest of the City for the project requirements. The City will negotiate agreements with each selected firm. Each engagement will require an approved task order prior to commencement. 2.1 Minimum Experience Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Proposer shall submit, the required submittal(s) documenting compliance with each minimum requirement. Proposers that fail to include the required submittals or fail to comply with minimum requirements shall be deemed non-responsive and shall not have its proposal considered. 1. Proposer (firm) or principal shall have successfully completed at least three (3) large scale cultural programming or event projects for a public or private sector agency within the last ten (10) years. A large-scale cultural programming or event shall be defined as an event with 500+ attendees, and can take the form of art shows, conventions, live performances, charity events, parades, fundraising events or other similarly scaled events as determined by the City. 3. BACKGROUND AND SCOPE. The City of Miami Beach (the "City") seeks proposals from qualified firms interested in assisting the City to conceive, develop and implement a programmatic strategies, activations and events throughout the City. Miami Beach is a world-class city, with unparalleled cultural and artistic offerings. The City would like to expand on those offerings, by partnering with a firm(s) who have the ability to bring original ideas and programming vision to drive tourism and hotel room nights, reduce traffic impact, increase resident quality of life and enhance the Miami Beach brand. The City envisions cultural programs and events that enhance the City's reputation as a top cultural destination by: • creating elevated, family-friendly, and diverse experiences; • highlighting local businesses and the commercial energy of the City; • highlighting the City's internationally acclaimed cultural institutions, parks, and beaches; • attracting a diverse pool of local residents; • activating and invigorating the economic vitality of commercial districts; and • promoting events via a local, and national marketing plan. In addition to the desire to add cultural programming and events through this RFQ, it is important to note that the City is currently host to a number of annual programs and events, including but not limited to: • Fire on the Fourth, Culture Crawl, Miami Beach Art Week, Miami Beach Pride, Art Deco Weekend, and Miami Beach Memorial Day; and BEACH • a variety of artisanal and other markets throughout the City. Interested parties shall take these dates into consideration and avoid additional activations during these high impact events. 4. ANTICIPATED RFQ TIMETABLE. The tentative schedule for this solicitation is as follows: RFQ Issued December 24, 2019 Pre-Proposal Meeting January 7, 2020 at 2:00 p.m. ET Deadline for Receipt of Questions January 22, 2020 at 5:00 p.m. ET Responses Due February 10, 2020 at 3:00 p.m. ET Evaluation Committee Review TBD Proposer Presentations TBD Tentative Commission Approval Authorizing TBD Negotiations Contract Negotiations Following Commission Approval 5. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact. Telephone: Email: Natalia Del•ado 305-673-7000 x26263 NataliaDel•ado• miamibeachfl.•ov additionally, the City Clerk is to be cooled on all communications via e-mail at: RafaelGranado • miamibeachfl.•ov; or via facsimile: 786-394-4188. The Proposal title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10)calendar days prior to the date proposals are due as scheduled in Section 0100-4. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. 6. PRE-PROPOSAL MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-proposal meeting or site visit(s) may be scheduled. A Pre-PROPOSAL conference will be held as scheduled in Anticipated RFQ Timetable section above at the following address: City of Miami Beach Procurement Department Conference Room 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1- 877-873-8018 (Toll-free North America) (2) Enter the MEETING NUMBER: 6312925 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this RFQ expressing their intent to participate via telephone. I , ' BEACH 7. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective Proposers are not binding on the City and will be without legal effect, including any information received at pre- submittal meeting or site visit(s). The City by means of Addenda will issue interpretations or written addenda clarifications considered necessary by the City in response to questions. Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through BidSync. Any prospective proposer who has received this RFQ by any means other than through BidSync must register immediately with BidSync to assure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of proposal. Written questions should be received no later than the date outlined in the Anticipated RFQ Timetable section. 8. CONE OF SILENCE. This RFQ is subject to, and all proposers are expected to be or become familiar with, the City's Cone of Silence Requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their response voidable, in the event of such non-compliance. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelqranadomiamibeachfl.qov 9. ADDITIONAL INFORMATION OR CLARIFICATION. After proposal submittal, the City reserves the right to require additional information from Proposers (or Proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation history, regulatory action, or additional references); and financial capability (including, but not limited to, annual reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years). 10. PROPOSER'S RESPONSIBILITY. Before submitting a response, each Proposer shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer. 11. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City Code Section 2-374, the City shall give a preference to a responsive and responsible Proposer which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest responsive, responsible proposer, by providing such proposer an opportunity of providing said goods or contractual services for the lowest responsive proposal amount(or in this RFQ, the highest proposal amount). 12. DETERMINATION OF AWARD. The final ranking results of the evaluation process will be considered by the City Manager who may recommend to the City Commission the Proposer(s) s/he deems to be in the best interest of the City or may recommend rejection of all proposals. The City Manager's recommendation need not be consistent with the scoring results identified herein and takes into consideration Miami Beach City Code Section 2-369, including the following considerations: (1)The ability, capacity and skill of the Proposer to perform the contract. (2)Whether the Proposer can perform the contract within the time specified, without delay or interference. (3) The character, integrity, reputation,judgment, experience and efficiency of the Proposer. (4)The quality of performance of previous contracts. (5)The previous and existing compliance by the Proposer with laws and ordinances relating to the contract. The City Commission shall consider the City Manager's recommendation and may approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. 13. NEGOTIATIONS. Following selection, the City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Proposers that no property, contract or legal rights of any kind shall be created at any time until and unless an Agreement has been agreed to; approved by the City; and executed by the parties. Balance of Page Intentionally Left Blank } AM! BEACH SECTION 0200 GENERAL CONDITIONS 1.GENERAL DISCLAIMERS. with,the City's Campaign Finance Reform laws,as codified in Sections 2-487 a.The solicitation referenced herein is being furnished to the recipient by the through 2-490 of the City Code. Proposers shall be solely responsible for City of Miami Beach(the"City")for the recipient's convenience.Any action ensuring that all applicable provisions of the City's Campaign Finance Reform taken by the City in response to Proposals made pursuant to this solicitation, laws are complied with, and shall be subject to any and all sanctions, as or in making any award,or in failing or refusing to make any award pursuant prescribed therein,including disqualification of their responses, in the event of to such Proposals,or in cancelling awards,or in withdrawing or cancelling such non-compliance. 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 6.CODE OF BUSINESS ETHICS.Pursuant to City Resolution No.2000-37379, may withdraw the solicitation either before or after receiving proposals,may the Proposer shall adopt a Code of Business Ethics("Code")and submit that accept or reject proposals,and may accept proposals which deviate from the Code to the Procurement Division with its response or within five(5)days upon solicitation, as it deems appropriate and in its best interest. In its sole receipt of request. The Code shall, at a minimum, require the Proposer, to discretion,the City may determine the qualifications and acceptability of any comply with all applicable governmental rules and regulations including,among party or parties submitting Proposals in response to this solicitation. others,the conflict of interest,lobbying and ethics provision of the City of Miami Beach and Miami Dade County. b.The information contained herein is provided solely for the convenience of prospective Proposers.It is the responsibility of the recipient to assure itself 7. AMERICANS WITH DISABILITIES ACT (ADA). Call 305-673-7490 to that information contained herein is accurate and complete.The City does request material in accessible format;sign language interpreters(five(5)days not provide any assurances as to the accuracy of any information in this in advance when possible), or information on access for persons with solicitation. Any reliance on these contents, or on any permitted disabilities. For more information on ADA compliance, please call the Public communications with City officials, shall be at the recipients own risk. Works Department,at 305-673-7000,Extension 2984. Proposers should rely exclusively on their own investigations,interpretations, and analyses. The solicitation is being provided by the City without any 8. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS.The warranty or representation,express or implied,as to its content,its accuracy, City reserves the right to postpone the deadline for submittal of proposals and or its completeness.No warranty or representation is made by the City or its will make a reasonable effort to give at least three(3)calendar days written agents that any Proposal conforming to these requirements will be selected notice of any such postponement to all prospective Proposers through BidSync. for consideration,negotiation,or approval. 9. PROTESTS. Proposers that are not selected may protest any c. Proposers are hereby advised that this solicitation is subject to the recommendation for selection of award in accordance with the proceedings following ordinances/resolutions,which may be found on the City Of Miami established pursuant to the City's bid protest procedures, as codified in Beach website: Sections 2-370 and 2-371 of the City Code(the City's Bid Protest Ordinance). http://web.miamibeachfl.gov/procurement/scroll.aspx?id=79113 Protest not timely made pursuant to the requirements of the City's Bid Protest •CONE OF SILENCE—SECTION 2-486 Ordinance shall be barred. "PROTEST PROCEDURES—CODE SECTION 2-371 "DEBARMENT PROCEEDINGS—SECTIONS 2-397 THROUGH 2-485.3 10.JOINT VENTURES 1 SINGLE PURPOSE ENTITY. Joint Ventures are not "LOBBYIST REGISTRATION AND DISCLOSURE OF FEES—SECTIONS 2- allowed.Proposals shall be submitted only by the prime contractor.Proposals 481 THROUGH 2-406 may, however, identify other sub-contractors or sub-consultants to the prime •CAMPAIGN CONTRIBUTIONS BY VENDORS—SECTION 2-487 Proposer who may serve as team members. •CAMPAIGN CONTRIBUTIONS —SECTION 2-488 •EQUAL BENEFITS FOR DOMESTIC PARTNERS—SECTION 2-373 11.VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City FALSE CLAIMS ORDINANCE—SECTION 70-300 Code Section 2-374, the City shall give a preference to a responsive and •ACCEPTANCE OF GIFTS,FAVORS&SERVICES—SECTION 2-449 responsible Proposer which is a small business concern owned and controlled by a veteran(s)or which is a service-disabled veteran business enterprise,and 2.PUBLIC ENTITY CRIME.A person or affiliate who has been placed on the which is within five percent (5%) of the lowest responsive, responsible convicted vendor list following a conviction for public entity crimes may not proposer,by providing such proposer an opportunity of providing said goods or submit a proposal on a contract to provide any goods or services to a public contractual services for the lowest responsive proposal amount(or in this RFQ, entity, may not submit a proposal on a contract with a public entity for the the highest proposal amount). Whenever, as a result of the foregoing construction or repair of a public building or public work, may not submit a preference,the adjusted prices of two(2)or more proposers which are a small proposal on leases of real property to public entity, may not be awarded or business concern owned and controlled by a veteran(s)or a service-disabled perform work as a contractor, supplier, sub-contractor, or consultant under a veteran business enterprise constitute the lowest proposal pursuant to an RFQ contract with a public entity, and may not transact business with any public or oral or written request for quotation, and such proposals are responsive, entity in excess of the threshold amount provided in Sec. 287.017, for responsible and otherwise equal with respect to quality and service,then the CATEGORY TWO for a period of 36 months from the date of being placed on award shall be made to the service-disabled veteran business enterprise. the convicted vendor list. 12.AGREEMENT BY PROPOSERS.Any individual that submits a proposal in 3.COMPLIANCE WITH THE CITY'S LOBBYIST LAWS.This RFQ is subject response to this solicitation agrees to the following: to, and all Proposers are expected to be or become familiar with, all City Any action taken by the City in response to Proposals made lobbyist laws. Proposers shall be solely responsible for ensuring that all City pursuant to this solicitation,or in making any award, or in failing or lobbyist laws are complied with,and shall be subject to any and all sanctions, refusing to make any award pursuant to such Proposals, or in as prescribed therein, including, without limitation, disqualification of their cancelling awards, or in withdrawing or cancelling this solicitation, responses,in the event of such non-compliance. either before or after issuance of an award, shall be without any 4.DEBARMENT ORDINANCE:This RFQ is subject to,and all proposers are liability or obligation on the part of the City. expected to be or become familiar with, the City's Debarment Ordinance as codified in Sections 2-397 through 2-406 of the City Code. The City may,at its sole and absolute discretion,reject any and all,or parts of any and all,responses;re-advertise this RFQ;postpone or cancel,at any time, 5.COMPLIANCE WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS. this RFQ process;or waive any irregularities in this RFQ,or in any responses This RFQ is subject to,and all Proposers are expected to be or become familiar received as a result of this RFQ. /MIA NAI BEACH services provided shall be provided by employees that are educated,trained, Reasonable efforts will be made to either award the proposer the contract or experienced, certified, and licensed in all areas encompassed within their reject all proposals within one-hundred twenty (120) calendar days after designated duties. Proposer agrees to furnish to the City any and all proposal opening date.In accordance with Section 47 below,a Proposer may documentation, certification, authorization, license, permit, or registration withdraw its proposal after expiration of one hundred twenty (120) calendar currently required by applicable laws, rules,and regulations. Proposer further days from the date of proposal opening, by delivering written notice of certifies that it and its employees will keep all licenses, permits, registrations, withdrawal to the Procurement Department. authorizations,or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of Proposer to comply 13. COSTS INCURRED BY PROPOSERS. All expenses involved with the with this paragraph shall constitute a material breach of this contract. preparation and submission of Proposals,or any work performed in connection therewith, shall be the sole responsibility(and shall be at the sole cost and Where Proposer is required to enter or go on to City of Miami Beach property to expense)of the Proposer,and shall not be reimbursed by the City. deliver materials or perform work or services as a result of any contract resulting from this solicitation,the Proposer will assume the full duty,obligation 14.RELATIONSHIP TO THE CITY.It is the intent of the City,and Proposers and expense of obtaining all necessary licenses, permits,and insurance,and hereby acknowledge and agree,that the successful Proposer is considered to assure all work complies with all applicable laws.The Proposer shall be liable be an independent contractor,and that neither the Proposer,nor the Proposer's for any damages or loss to the City occasioned by negligence of the Proposer, employees, agents, and/or contractors, shall, under any circumstances, be or its officers,employees,contractors,and/or agents,for failure to comply with considered employees or agents of the City. applicable laws. 15. OCCUPATIONAL HEALTH AND SAFETY. In compliance with Chapter 23.SPECIAL CONDITIONS.Any and all Special Conditions that may vary from 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the these General Terms and Conditions shall have precedence. Florida Administrative Code delivered as a result of this proposal must be accompanied by a Material Safety Data Sheet(MSDS)which may be obtained 24.NON-DISCRIMINATION.The Proposer certifies that it is in compliance with from the manufacturer. the non-discrimination clause contained in Section 202,Executive Order 11246, as amended by Executive Order 11375, relative to equal employment 16. ENVIRONMENTAL REGULATIONS. The City reserves the right to opportunity for all persons without regard to race,color,religion,sex or national consider a Proposer's history of citations and/or violations of environmental origin. In accordance with the City's Human Rights Ordinance, codified in regulations in investigating a Proposer's responsibility,and further reserves the Chapter 62 of the City Code,Proposer shall prohibit discrimination by reason of right to declare a Proposer not responsible if the history of violations warrants race,color,national origin, religion,sex, intersexuality,gender identity,sexual such determination in the opinion of the City. Proposer shall submit with its orientation,disability,marital and familial status,age,ancestry, height,weight, proposal, a complete history of all citations and/or violations, notices and domestic partner status,labor organization membership,familial situation,and dispositions thereof.The non-submission of any such documentation shall be political affiliation. deemed to be an affirmation by the Proposer that there are no citations or violations.Proposer shall notify the City immediately of notice of any citation or 25. DEMONSTRATION OF COMPETENCY. The City may consider any violation which proposer may receive after the proposal opening date and evidence available regarding the financial, technical, and other qualifications during the time of performance of any contract awarded to it. and abilities of a Proposer,including past performance(experience)in making an award that is in the best interest of the City,including: 17.TAXES.The City of Miami Beach is exempt from all Federal Excise and A. Pre-award inspection of the Proposers facility may be made prior to the State taxes. award of contract. B. Proposals will only be considered from firms which are regularly engaged 18. MISTAKES. Proposers are expected to examine the terms, conditions, in the business of providing the goods and/or services as described in this specifications, delivery schedules, proposed pricing, and all instructions solicitation. pertaining to the goods and services relative to this RFQ. Failure to do so will C. Proposers must be able to demonstrate a good record of performance for be at the Proposers risk and may result in the Proposal being non-responsive. a reasonable period of time, and have sufficient financial capacity, equipment,and organization to ensure that they can satisfactorily perform 19.PAYMENT.Payment will be made by the City after the goods or services the services if awarded a contract under the terms and conditions of this have been received, inspected, and found to comply with contract, solicitation. specifications, free of damage or defect, and are properly invoiced. Invoices D. The terms "equipment and organization", as used herein shall, be must be consistent with Purchase Order format. 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 20. COPYRIGHT, PATENTS & ROYALTIES. Proposer shall indemnify and City. save harmless the City of Miami Beach, Florida, and its officers, employees, E. The City may consider any evidence available regarding the financial, contractors, and/or agents, from liability of any nature or kind, including cost technical, and other qualifications and abilities of a Proposer, including and expenses for,or on account of,any copyrighted, patented,or unpatented past performance (experience), in making an award that is in the best invention, process,or article manufactured or used in the performance of the interest of the City. contract,including its use by the City of Miami Beach,Florida. If the Proposer F. The City may require Proposer to show proof that it has been designated uses any design,device or materials covered by letters,patent,or copyright,it as authorized representatives of a manufacturer or supplier,which is the is mutually understood and agreed,without exception,that the proposal prices actual source of supply. In these instances, the City may also require shall include all royalties or cost arising from the use of such design,device,or material information from the source of supply regarding the quality, materials in any way involved in the work. packaging,and characteristics of the products to be supply to the City. 21. DEFAULT. Failure or refusal of the successful Proposer to execute a 26.ASSIGNMENT.The successful Proposer shall not assign,transfer,convey, contract following approval of such contract by the City Commission, or sublet or otherwise dispose of the contract,including any or all of its right,title untimely withdrawal of a proposal response before such award is made and or interest therein, or his/her or its power to execute such contract, to any approved,may result in a claim for damages by the City,and may be grounds person,company or corporation,without the prior written consent of the City. for removing the Proposer from the City's vendor list. 27. LAWS, PERMITS AND REGULATIONS. The Proposer shall obtain and 22.MANNER OF PERFORMANCE.Proposer agrees to perform its duties and pay for all licenses,permits,and inspection fees required to complete the work obligations in a professional manner and in accordance with all applicable and shall comply with all applicable laws. Local,State,County,and Federal laws, rules, regulations and codes. Lack of knowledge or ignorance by the Proposer with/of applicable laws will in no way 28. OPTIONAL CONTRACT USAGE. When the successful Proposer is in be a cause for relief from responsibility. Proposer agrees that the work and agreement,other units of government or non-profit agencies may participate in ViIAAA I BEACH purchases pursuant to the award of this contract at the option of the unit of records stored electronically must be provided to the public agency in a format government or non-profit agency. that is compatible with the information technology systems of the public agency. 29.VOLUME OF WORK.To the extent applicable,it is the intent of the City to 33.OBSERVANCE OF LAWS.Proposers are expected to be familiar with,and purchase the goods and services specifically listed in this solicitation. However, comply with,all Federal,State,County,and City laws,ordinances,codes,rules the City reserves the right to purchase any goods or services awarded from and regulations, and all orders and decrees of bodies or tribunals having State or other governmental contracts, or on an as-needed basis through the jurisdiction or authority which,in any manner,may affect the scope of services City's spot market purchase provisions. and/or project contemplated by this RFQ (including, without limitation, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC 30.DISPUTES.In the event of a conflict between the documents,the order of Uniform Guidelines,and all EEO regulations and guidelines).Ignorance of the priority of the documents shall be as follows: law(s)on the part of the Proposer will in no way relieve it from responsibility for A. Any contract or agreement resulting from the award of this solicitation; compliance. then B. Addendum issued for this solicitation,with the latest Addendum taking 34.CONFLICT OF INTEREST.All Proposers must disclose,in their Proposal, precedence;then the name(s) of any officer, director, agent, or immediate family member C. The solicitation;then (spouse,parent,sibling,and child)who is also an employee of the City of Miami D. The Proposers proposal in response to the solicitation. 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 31.INDEMNIFICATION.The Proposer shall indemnify and hold harmless the in the Proposer entity or any of its affiliates. City and its officers,employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, 35. MODIFICATIONIWITHDRAWALS OF PROPOSALS. A Proposer may which the City or its officers,employees,agents or instrumentalities may incur submit a modified Proposal to replace all or any portion of a previously as a result of claims,demands,suits,causes of actions or proceedings of any submitted Proposal up until the Proposal due date and time. Modifications kind or nature arising out of,relating to or resulting from the performance of the received after the Proposal due date and time will not be considered.Proposals agreement by the Proposer or its employees, agents, servants, partners, shall be irrevocable until contract award unless withdrawn in writing prior to the principals or subcontractors. The Proposer shall pay all claims and losses in Proposal due date,or after expiration of 120 calendar days from the opening of connection therewith, and shall investigate and defend all claims, suits or Proposals without a contract award. Letters of withdrawal received after the actions of any kind or nature in the name of the City, where applicable, Proposal due date and before said expiration date, and letters of withdrawal including appellate proceedings, and shall pay all costs, judgments, and received after contract award will not be considered. attorney's fees which may be incurred thereon. The Proposer expressly understands and agrees that any insurance protection required by any 36.EXCEPTIONS TO RFQ.Proposers must clearly indicate any exceptions agreement with the City or otherwise provided by the Proposer shall in no way they wish to take to any of the terms in this RFQ,and outline what,if any, limit the responsibility to indemnify, keep and save harmless and defend the alternative is being offered. All exceptions and alternatives shall be City or its officers,employees,agents and instrumentalities as herein provided. included and clearly delineated,in writing,in the Proposal. The City,at its The above indemnification provisions shall survive the expiration or termination sole and absolute discretion,may accept or reject any or all exceptions of this Agreement. and alternatives. In cases in which exceptions and alternatives are rejected,the City shall require the Proposer to comply with the particular 32.FLORIDA PUBLIC RECORDS LAW.Proposers are hereby notified that all term and/or condition of the RFQ to which Proposer took exception to(as Proposals including, without limitation, any and all information and said term and/or condition was originally set forth in the RFQ and any documentation submitted therewith, are exempt from public records exhibits or Addenda thereto). 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 37. ACCEPTANCE OF GIFTS, FAVORS, SERVICES. Proposers shall not decision or until thirty(30)days after opening of the proposals, whichever is offer any gratuities, favors, or anything of monetary value to any official, earlier. Additionally, Proposer agrees to be in full compliance with Florida employee,or agent of the City,for the purpose of influencing consideration of Statute 119.0701 including, but not limited to, agreement to (a) Keep and this Proposal. Pursuant to Sec.2-449 of the City Code,no officer or employee maintain public records that ordinarily and necessarily would be required by the of the City shall accept any gift, favor or service that might reasonably tend public agency in order to perform the services; (b) provide the public with improperly to influence him in the discharge of his official duties. 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 38. SUPPLEMENTAL INFORMATION. City reserves the right to request provided in this chapter or as otherwise provided by law;(c)Ensure that public supplemental information from Proposers at any time during the RFQ records that are exempt or confidential and exempt from public records solicitation process,unless otherwise noted herein. 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 Proposer upon termination Balance of Page Intentionally Left Blank of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All MIAMI BEACH SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED RESPONSES. One original 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 proposals. Additionally, ten (10) bound copies and one (1) electronic format (CD or USB format) are to be submitted. The following information should be clearly marked on the face of the envelope or container in which the proposal is submitted: solicitation number, solicitation title, Proposer name, Proposer return address. Proposals received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. LATE PROPOSALS. Proposals are to be received on or before the due date established herein for the receipt of Proposals. Any Proposal 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. 3. NON-RESPONSIVENESS. Failure to comply with the following requirements shall result in a determination of non-responsiveness. Non-responsive proposals will not be considered. 1. Failure to submit a signed copy of Appendix A. 2. Failure to comply with the Minimum Experience Requirements 4. OMITTED OR ADDITIONAL INFORMATION. With exception of the Proposal Certification Form (Appendix A-1) and the Cost/Revenue Proposal, if applicable, the City reserves the right to seek any omitted information/documentation or any 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. Failure to submit any omitted or additional information in accordance with the City's request shall result in proposal being deemed non-responsive. 5. PROPOSAL FORMAT. In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed in accordance with the tabs, and sections as specified below. Hard copy submittal should be tabbed as enumerated below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references. TAB 1 Cover Letter& Minimum Qualifications Requirements 1.1 Table of Contents. The table of contents should indicate the tabs, sections with tabs and page numbers to facilitate the evaluation committee's review. 1.2 Proposal Certification Form (Appendix A-1). Failure to submit the Proposal Certification Form with the Proposal shall result in Proposal being deemed non-responsive. 1.3 Questionnaire & Requirements Affidavit (Appendix A-2). 1.4 Minimum Experience Requirements. Submit verifiable information that meets or exceeds the minimum experience requirements established in Section 0100, Sub-section 2.1. For each project submitted as evidence of experience, submit project name, brief description of project, number of attendees, date of completion, owner's representative, and owner's representative contact information. 1.5 Miami Beach-based Preference. Bidders wishing to be considered eligible for the Miami Beach-based bidder preference shall submit documentation as stipulated in Section 0400, Sub-section 5, with its proposal or as requested by the Procurement Department. MIAMI BEACH TAB 2 Project Team Qualifications 2.1 Organizational Chart: An organizational chart depicting the structure and lines of authority and communication for all firms, principals and personnel involved in the project. Include information that describes the intended structure regarding project management, accountability and compliance with the terms of the RFQ. 2.2 Relevant Experience of Prime Proposer: Summarize projects where the Proposer and/or its principals have provided services similar to those described herein (in addition to the information provided in Tab 1.4). For each project provide the following: a. project name and scope of services provided; b. name of individuals that worked on the referenced project that have been included in Section 2.1 above. c. client; d. client project manager and contact information; e. costs of the services provided; and f. term of the engagement. 2.3 Relevant Experience of Sub-consultant(s)/Sub-contractor(s): Summarize projects where the Sub- consultant(s)/Sub-contractor(s) and/or its principals have provided services similar to those described herein. For each project provide the following: a. project name and scope of services provided; b. name of individuals that worked on the referenced project that have been included in Section 2.1 above. c. client; d. client project manager and contact information; e. costs of the services provided; and f. term of the engagement. TAB 3 Approach and Methodology Submit detailed information on the approach and methodology that the Proposer and its team has used on previous engagements in providing the services described herein with a focus on the following, at a minimum: 1. the management structure and plan to oversee a successful implementation of programming, community engagement, local partners, safety/security, set-up, clean-up, coordination with City staff, or any other portion of the event/activation/etc.; 2. marketing plans which outline how residents and non-residents are notified of the events/activations; 3. event planning; 4. videos or photos as proof of event execution which reflects attendance numbers, creative look and feel, and success of marketing plan; 5. recruitment and coordination of talent, partners, and vendors; 6. coordination and implementation of actual event production requirements, including but not limited to: o venue load-in and load-out, event set up& breakdown; o rental of equipment such as high-end mobile staging, high quality outdoor sound and light systems, musical instruments, tables, tents, and chairs; o recruiting and managing event staff and volunteers; o obtaining all necessary and required permits; o providing any marketing services that are closely integrated with the event(i.e., decor and signage) o identifying and managing outdoor generators, power sources, lighting, and cabling; o identifying production staffing needs and provide suitable solutions; o identifying and source sponsorship opportunities based on scope of work; o identifying and submitting traffic and parking plans and requirements for large events; } BEACH o submitting event recap reports as specified by each work order; o providing other materials or equipment including, but not limited to, first aid kits, fire extinguishers and other life safety necessities; o recruiting on-site emergency medical services and help with necessary MBPD and MBFD permits; and o approach to communications and consultations with client staff. Balance of Page Intentionally Left Blank SECTION 0400 PROPOSAL EVALUATION 1. Evaluation Committee.An Evaluation Committee, appointed by the City Manager, may meet to evaluate each Proposal in accordance with the qualitative criteria set forth below. In doing so, the Evaluation Committee may review and score all proposals received, with or without conducting interview sessions. City staff will assign points for the quantitative criteria. It is important to note that the Evaluation Committee is advisory only and does not make an award recommendation to the City Manager or the City Commission. The results of Step 1 & Step 2 Evaluations will be forwarded to the City Manager who will utilize the results to make a recommendation to the City Commission. a. In the event that only one responsive proposal is received, the City Manager, after determination that the sole responsive proposal materially meets the requirements of the RFQ, may, without an evaluation committee, recommend to the City Commission that the Administration enter into negotiations. b. The City, in its discretion, may utilize technical or other advisers to assist the evaluation committee in the evaluation of proposals. 2. Qualitative Criteria. Responsive proposals shall be evaluated in accordance with the following criteria. Qualitative Criteria Maximum Points Project Team Qualifications 60 Approach and Methodology 40 TOTAL AVAILABLE STEP 1 POINTS 100 3. Quantitative Criteria. Following the results of the evaluation of the qualitative criteria by the Evaluation Committee, the Proposers may receive additional, to be added by City staff, as follows. Quantitative Criteria Maximum Points Miami Beach-based Preference 5 Veteran Preference 5 TOTAL AVAILABLE STEP 2 POINTS 10 4. Determination of Final Ranking. The sum of qualitative and quantitative scores will be converted to rankings in accordance with the example below: Proposer A Proposer B Proposer C Qualitative Points 82 74 80 Committee Quantitative Points 10 5 0 Member 1 Total 92 79 80 Rank 1 3 2 Qualitative Points 82 85 72 Committee Quantitative Points 10 5 0 Member 2 Total 92 90 . 72 Rank 1 2 3 Qualitative Points 90 74 66 Committee Quantitative Points 10 5 0 Member 2 Total 100 79 66 Rank 1 2 3 Low Aggregate Score 3 7 8 Final Ranking* 1 2 3 It is important to note that the results of the Evaluation Committee process do not represent an award recommendation.The City Manager will utilize the results of the committee process, as well as any other information he deems appropriate to develop his award recommendation to the City Commission,which may differ from the Evaluation Committee process ranking. 5. Miami Beach-based Preference. Miami Beach-based firms will receive an additional five (5) points as indicated in Sub-section 3. A Miami Beach-based vendor shall mean a bidder that has a valid business tax receipt issued by the City or has a place of business located in the City from where it will perform the required services. The City Manager's determination as to the eligibility of a bidder to receive the Miami Beach-based preference shall be final and binding on all parties. Balance of Page Intentionally Left Blank APPENDIX A ,A\ ik Proposal Certification and Questionnaire & Requirements Affidavit 2020-057-ND CULTURAL PROGRAMMING AND EVENT PRODUCERS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 APPENDIX Al -PROPOSAL CERTIFICATION FORM This document is a REQUIRED FORM that must be submitted fully completed and executed. FAILURE TO SUBMIT THE PROPOSAL CERTIFICATION FORM WITH ITS PROPOSAL SHALL RESULT IN THE PROPOSAL BEING DEEMED NON-RESPONSIVE. Solicitation No: Solicitation Title: 2020-057-ND CULTURAL PROGRAMMING AND EVENT PRODUCERS Procurement Contact: Tel: Email: Natalia Delgado 305-673-7000 x26263 NataliaDelgado@miamibeachfl.gov PROPOSER'S 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.: Except as stipulated in General Condition 36, Proposer agrees: to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all specifications, attachments, exhibits and appendices and the contents of any Addenda released hereto;to be bound, at a minimum, to any and all specifications, terms and conditions contained herein or Addenda; that the Proposer has not divulged, discussed, or compared the proposal with other Proposals and has not colluded with any other proposer or party to any other proposal; that 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; that all responses, data and information contained in the proposal are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: APPENDIX A2-QUESTIONNAIRE AND REQUIREMENTS AFFIDAVIT FORM 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.Attach any requested information. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: 1. Veteran Owned Business.Is Pro oser claiming a veteran 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. 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 attach 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 an ublic sector agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 5. 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. 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. 6. 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 Procurement Department 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 attach its 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 http://www.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-and-procedures/ 7. Living Wage. Pursuant to Section 2 108 of the City of Miami Beach Code, as same may be amended from time to time, covered rare benefits of at least$2.26 per hour,or a living wage rate of no less than$13.88 per hour without h alth care benefits. dare benefits of at least$2.74 per hour,or a living wage rate of no less than$14.44 per hour without health care benefits. 3. Effective January 1, 2020,covered employees must be paid a living wage rate of no lest than$11.78 per hour with health care benefits of at least$3.22 per hour,or a living wage rate of•e - •. . ..1! e- •e. .. •e. • . • .. • benefits. the Consumer Price Index for all Urban Consumers(CPI U) Miami/Ft. Lauderdale,issued by the U.S. Department of Labor's Burqau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may also, by 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 at http://www.miamibeachfl.govlcity hall/procurement''procurement related ordinance and procedures' Any payroll request made by the City during the contract term shall be completed electronically via the City's electronic compliance portal,LCP Tracker(LCPTracker.net). - - •. - - proposal disqualification. YES NO 8. 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 or offer access to any benefits to employees with (same or opposite sex)domestic partners*or to domestic partners of employees? YES NO C. Please check all benefits that apply to your answers above and list in the"other"section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not • Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager,or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at http://wvw.miamibeachfl.govicity-hall/procurementiprocurement-related-ordinance-and-procedures/ 9. 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: Proposer agrees to the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. Failure to agree shall result inproposal disqualification. YES II NO 10. Non-Discrimination. Pursuant to City Ordinance No.2016-3990, the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a) of the City Code, including the blacklisting, divesting from. or otherwise refusing to deal with a person or entity when such action is based on race, color, national origin,religion,sex,intersexuality,gender identity,sexual orientation, marital or familial status,age or disability. SUBMITTAL REQUIREMENT: Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code.Failure to agree shall result in proposal disqualification. YES NO 11. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach. Florida, prohibits official City travel to the states of North Carolina and Mississippi. as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. Failure to agree shall result in proposal disqualification. YES NO 12. Fair Chance Requirement. Pursuant to Section 2-376 of the City Code, the City shall not enter into any contract resulting from a competitive solicitation, unless the proposer certifies in writing that the business has adopted and employs written policies, practices, and standards that are consistent with the City's Fair Chance Ordinance, set forth in Article V of Chapter 62 of the City Code ("Fair Chance Ordinance"),and which, among other things, (i)prohibits City contractors,as an employer,from inquiring about an applicant's criminal history until the applicant is given a conditional offer of employment; (ii)prohibits advertising of employment positions with a statement that an individual with a criminal record may not apply for the position, and (iii) prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT: Proposer certifies that it has adopted policies, practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement, in addition to any damages that may be available at law and in equity. Failure to agree shall result in pro osal disqualification. YES NO 13. 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, BidSync.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 addenda 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 APPENDIX B AiBAc, H A , A ' ' ',, I - 0.,‘„„,Ex ,fr‘'''' ,'‘,,'.- ''-•L,,-,,.,04 1 p " No Bid " Form 2020-057-ND CULTURAL PROGRAMMING AND EVENT PRODUCERS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 a; 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 submit a 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: NATALIA DELGADO PROPOSAL #2020-057-ND 1755 MERIDIAN AVENUE, 3'd FLOOR MIAMI BEACH, FL 33139 ATTACHMENT C SUNBIZ & PROPOSAL RESPONSE TO RFQ Detail by FEI/EIN Number Page 1 of 2 Dvsiou OF Cc -.`,org Department of State / Division of Corporations / Search Records / Detail By Document Number/ Detail by FEI/EIN Number Florida Profit Corporation SWARM INC. Filing Information Document Number P15000005284 FEI/EIN Number 47-2854671 Date Filed 01/15/2015 Effective Date 01/15/2015 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 08/15/2017 Event Effective Date NONE Principal Address 2308 NW 5 Ave MIAMI,FL 33127 Changed:04/28/2016 Mailing Address 2308 NW 5 Ave MIAMI,Fl 33127 UN Changed:04/28/2016 Registered Agent Name&Address ALBELO,ANTHONY 2308 NW 5 Ave MIAMI,FL 33127 Address Changed:01/16/2017 Officer/Director Detail Name&Address Title P ALBELO,ANTHONY 2308 NW 5 AVe MIAMI, FL 33127 Title VP httn//search_sunhiz_orn/Inauiry/CornorationSearch/SearchResultDetail?inauirvtvne=FeiNu... 2/13/2020 Detail by FEI/EIN Number Page 2 of 2 ZAYAS,JAVIER 2308 NW 5 AVE MIAMI,FL 33127 Annual Reports Report Year Filed Date 2018 04/25/2018 2019 02/06/2019 2020 01/20/2020 Document Images 01/20/2020—ANNUAL REPORT .. PDF format 02/06/2019--ANNUAL REPORT \'< :PDF format 04/25/2018--ANNUAL REPORT 08/15/2017--Amendment View; 01/16/2017--ANNUAL REPORT View:ra:-.-. ormat 04/28/2016--ANNUAL REPORT View image ire POI format 01/15/2015--Domestic Profit View image in PDF format -,..i....;epa•rmenr o'crave.u......n u. ,-a..,r. httn://search_sunhi7_nrg/Innuirv/CnrnnratinnSearch/SearchResultDetail?innuirvtvne=FeiNI--- 2/1 3/2020 1.1. Introduction SWARM is a 360-degree special event agency based out of Miami, Florida. The result of 3 local companies coming together in 2014 to form what would be the first agency of its kind in Miami, SWARM is built on over 50 years combined experience. Providing full event production services from conception to completion- SWARM provides marketing, special event permitting, location & venue scouting, event logistics, staffing & management, sponsorship management, audio, video & lighting, event agency support,event operations,and more.Having conceptualized over 40 proprietary events such as Wynwood Life, Grovetoberfest, and HIVE-SWARM organizes each annually while continuing to grow their footprint and contributing to the community in a positive way. In addition to SWARM's proprietary events,they also lend their expertise to several international organizations to manage their events, conferences, and brand activations. Some recognized brands SWARM has worked with include Red Bull,Uber,Samuel Adams,and Microsoft.For two consecutive years SWARM has ranked #98 on INC 5000's fastest growing companies in America and #3 in Florida. With an experienced team whose skill sets range from marketing & sales, content creation, operations, PR, and creative design-SWARM delivers over 100 events and experiences that impact over 3 million people per year. Given our capabilities and experience, we are confident we can be a valuable ally to the City of Miami Beach when it concerns cultural programming and event production. 4>C1,11WE EXCITE.WE UNITE. 1.4: Minimum Experience Requirements SWARM produces over 100 events per year and is supremely qualified for this solicitation. We've outlined just a few events here — concentrating on events with high-profiles and where we coordinated with broadcast partners. More event examples available in Section 2.2. Relevant Experience of Prime Proposer 40„,, ,, I WE EXCITE.WE UNITE. Project Name: Pitbull's New Year's Revolution -fir 's' d_ "' . . . \ , 7,c;.1-e. ''. r ft i`! gyp, a 'e,g,r. j ''*.,v,:k. '`.\\I - .-- i ilk k : -- lz."1 i `,--&-;.' ' - - , ' . - ' - iW, 1 "`C P d as asi� s -' b ...N. , 1 s .1: , rl 'tt,''' i'f'144- ,:„,.','''.-z7..24----- :. ,-- 443 t ' ''',''it';''--I' .1 . - /f.—0/Sti-- 1:11 -','' ..'' ' ! $ { �.' i Description: Pitbull's New Year Revolution takes place in Bayfront Park on New Year's Eve and has been televised by Fox for 3 years and Univision for 2 years. During this time, it has grown to one of the top 3 New Year's events inr the country. The event is a mix of concert, party, VIP experience, production, broadcasting and more. Attendance:80,000+ Date of Completion: December 31 2016,2017,2018,2019 Owners Representative Contact Info: Julio Robaina AIM productions 786-367-7739 juliorobainaPyahoo.com cif, ,/AR IARI4 41111 WE EXCITE.WE UNITE. Project Name: Combate Americas P 't it ,. � --4-',„:,,%......,'. `� a" . * , x it tr. ?, . t .'4R ,kFwk4 ', r.ar! .,�,`.#t:-''', r3�, ` .vn 0": g- , '" l• , '''',."`",,,,ir0';';`,' ' litol .? �;.� 18.$- S f 7 ' ,�,, '3 / �`. '9 r� , ¶ :, i''le #4 ' ' -?:.; ;',''. ''' .-''' * s 1 d N. • 40 41.7 i, , 4 } ar Ii , ....... r p _ _ L / ',1=- "..ff.--' ma- .A — q r 4. EN1 o �,w Description:Combate America is direct competition for the UFC. For their Miami stop,SWARM produced the event which was broadcast to millions of viewers over ESPN networks as well as live streamed via content delivery partners. Attendance:5,000 Date of Completion:July 27,2017 Owners Representative Contact information: Stan Jakubowicz Head Of Production Combate Americas 305-815-4358 Stajak@combateamericas.com I;(%11 4#Cti e /441 4 WE EXCITE.WE UNITE. Project Name: Red Bull Street Style 3 ; , 411, .. D 3,F "� tr ., \i?,,w4,01,0..1, ## `s AO If' - gam, ill t. ' _,„�� ,.q w fit =w .- ,sem ' � ° %, ry Description: Red Bull Street Style is a freestyle soccer competition hosted all over the world. The Miami version took place in Wynwood where SWARM produced the event and integrated fully with the DirectTV broadcasting partner as well as YouTube who is the streaming partner. Attendance:4,000 Date of Completion: Nov 13, 2019 Owners Representative Contact information: Quinn Ross Marketing Manager 786-218-9701 Quinn.ross@red bull.corn cf,,A11!1170iiii. I 4Piev' WE EXCITE.WE UNITE. City of Miami Beach Bid 2020-057-ND APPENDIX Al -PROPOSAL CERTIFICATION FORM This document is a REQUIRED FORM that must be submitted fully completed and executed. FAILURE TO SUBMIT THE PROPOSAL CERTIFICATION FORM WITH ITS PROPOSAL SHALL RESULT IN THE PROPOSAL BEING DEEMED NON-RESPONSIVE. Solicitation No: Solicitation Title: 2020-057-ND CULTURAL PROGRAMMING AND EVENT PRODUCERS Procurement Contact: Tel: Email: Natalia Delgado 305-673-7000 x26263 NataliaDelgado@miamibeachfl.gov PROPOSER'S NAME: SWARM INC NO.OF YEARS IN BUSINESS: 5 NO.OF YEARS IN BUSINESS LOCALLY: 5 NO.OF EMPLOYEES: 44 OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): 2308 NW 5TH AVENUE CITY: Miami STATE: FL ZIP CODE: 33127 TELEPHONE NO.: 3055637127 TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: MICHAEL DAVIDSON ACCOUNT REP TELEPHONE NO.: 7868017725 ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: mdavidson@swarminc.com FEDERAL TAX IDENTIFICATION NO.: 472854671 Except as stipulated in General Condition 36, Proposer agrees: to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all specifications, attachments, exhibits and appendices and the contents of any Addenda released hereto;to be bound, at a minimum, to any and all specifications, terms and conditions contained herein or Addenda; that the Proposer has not divulged, discussed, or compared the proposal with other Proposals and has not colluded with any other proposer or party to any other proposal; that 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;that all responses, data and information contained in the proposal are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: ANTHONY ALBELO CEO Signature of Proposer's Authorized Representative: Date: 02/06/2020 12/24/2019 8:50 AM p. 18 City of Miami Beach Bid 2020-057-ND APPENDIX A2-QUESTIONNAIRE AND REQUIREMENTS AFFIDAVIT FORM 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.Attach any requested information. Name of Proposer's Authorized Representative: Tide of Proposer's Authorized Representative: ANTHONY ALBELO CEO Signature of Proposer's Authorized Representative: Date: 02/06/2020 1. Veteran Owned Business.Is Pro oser claiming a veteran owned business status? YES x 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. 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 attach 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-performance by an Iublic sector agency? YES © NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 5. 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. 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. 6. 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 Procurement Department 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 attach its 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 http://www.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-and-procedures/ 12/24/2019 8:50 AM p.19 City of Miami Beach Bid 2020-057-ND • employees shall be paid the required living wage rates listed below: •- •'. .. .. ! . • .• -- .. •.•$4-1.70-per-houwHth health eare-benefits of at least$3.22 per hour,or-a ..e- - _ •: - - - -.!! - -• •e. • . • . •- . the Consumer Price Index for all Urban Consumers(CPI U)Miami/Ft. Lauderdale, issued by the U.S.Department of Labor's Bureau 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). its sole option, immediately deem said Proposer as non responsive, and may further subject Proposer to additional penalties and • . „ . _-. • . -.... • . ••-• . . . - . : procedures' Any payroll request made by the City during the contract term shall be completed electronically via the City's electronic compliance portal,LCP Tracker(LCPTracker.net). Y€S . ... . . ...NO 8. 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 or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? YES NO C. Please check all benefits that apply to your answers above and list in the"other"section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave: other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g.. there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis,you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at http:/www.miamibeachfl.gov/city-hall;procurement'procurement-related-ordinance-and-procedures/ 12/24/2019 8:50 AM p 20 City of Miami Beach Bid 2020-057-ND 9. 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: Proposer agrees to the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list.Failure to agree shall result in roposal disqualification. x YES I] NO 10. Non-Discrimination. Pursuant to City Ordinance No.2016-3990, the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a)of the City Code, including the blacklisting, divesting from, or otherwise refusing to deal with a person or entity when such action is based on race, color, national origin,religion,sex,intersexuality,gender identity,sexual orientation,marital or familial status,age or disability. SUBMITTAL REQUIREMENT: Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code.Failure to agree shall result in proposal disqualification. x YES NO 11. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375,the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375.Failure to agree shall result in proposal disqualification. x YES NO 12. Fair Chance Requirement. Pursuant to Section 2-376 of the City Code, the City shall not enter into any contract resulting from a competitive solicitation, unless the proposer certifies in writing that the business has adopted and employs written policies, practices, and standards that are consistent with the City's Fair Chance Ordinance, set forth in Article V of Chapter 62 of the City Code("Fair Chance Ordinance"),and which,among other things,(i)prohibits City contractors,as an employer,from inquiring about an applicant's criminal history until the applicant is given a conditional offer of employment; (ii)prohibits advertising of employment positions with a statement that an individual with a criminal record may not apply for the position, and (iii) prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT: Proposer certifies that it has adopted policies, practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement, in addition to any damages that may be available at law and in equity.Failure to agree shall result in prososal disqualification. © YES NO 13. 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, BidSync.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 addenda may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt T.A Addendum 1 Addendum 6 Addendum 11 T.A Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 12/24/2019 8:50 AM p.21 Appendix A2-Additional Submittal Requirements 2. Conflict of Interest: This statement is to certify that no owner,officer,director,agent,or immediate family member of SWARM INC. is and employed of the City of Miami Beach. Additionally, no City of Miami Beach employee owns, either directly or indirectly, an interest of 10%or more in SWARM INC. or any of its affiliates. ANTHONY ALBELO CEO SWARM INC. WE EXCITE.WE UNITE. Appendix A2-Additional Submittal Requirements 3. References and past performance: Please refer to references presented in section 1.4 "Minimum Experience Requirements". ANTHONY ALBELO CEO SWARM INC. +51041° 4 WE EXCITE.WE UNITE. Appendix A2-Additional Submittal Requirements 5. Vendor Campaign Contributions This statement is to certify that no owner, officer, director, agent, or sub-consultant with a controlling financial interest mentioned below 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. ANTHONY ALBELO JAVIER ZAYAS PATRICK DAVIDSON ANTHONY ALBELO CEO SWARM INC. C VAI4 WE EXCITE.WE UNITE. Appendix A2-Additional Submittal Requirements 6. Code of Business Ethics This statement is to certify that SWARM INC will adopt the City of Miami Beach Code of Ethics as presented at: http://www.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance- and-procedures/ ANTHONY ALBELO CEO SWARM INC. +CV/4 WE EXCITE.WE UNITE. Appendix A2-Additional Submittal Requirements 8. Equal Benefits for Employees with Spouses and Employees with Domestic Partners We have left this section blank given that our organization maintains less than 51 employees on our payroll. ANTHONY ALBELO CEO SWARM INC. 44491#141 I WE EXCITE.WE UNITE. 2.1 Organizational Chart The following charts depict the structure and lines of authority as it would pertain to our relationship with the City of Miami Beach. On the following pages we have attached two organizational charts: 1. SWARM general organizational chart: This chart depicts the actual organization of the company to date. We have included it so you can rest assured that there is a whole organization that serves as support for any project/activity that we produce.We currently produce over 100+ events per year and this takes a big team of fully dedicated and experienced personnel to perform successfully. 2. SWARM organizational Chart as it pertains to the City Of Miami Beach: In this chart we have highlighted and further detailed the role of the Senior Project Manager which will be the sole point of contact with any event/activity carried out with the City of Miami Beach and its partners. The senior project managers responsibilities will be the following (responsibilities will vary according to event/activity): a. Plan event/activity from start to finish according to requirements stipulated. b. Come up with suggestions to enhance its success c. Prepare budgets and ensure adherence d. Source vendors and suppliers when necessary and coordinate all load-in, strike and any other necessary appointments. e. Provide the adequate personnel to be able to successfully carry out the event in every department (operations,janitorial, A/V/L technicians, etc.) f. Coordinate all operations. g. Supervise all staff. h. Approve/Verify all aspects before the day of the event i. Ensure event runs smoothly and step up to resolve any problems that arise. j. Analyze the events success and prepare necessary reports according to guidelines. k. Successfully manage relationship with the client and be attentive to their needs, requirements, and observations and put forth his best effort to fulfill them. We have further divided the Senior Project Manager's role into the main pillars that have to be addressed when producing any event. His responsibilities will span across the following pillars I. Setup/Breakdown/Janitorial- The event manager will be responsible for the timely setup and breakdown of the event. In this task, he will usually be aided by an assistant project manager(depending size and complexity of event). Setup and breakdown will be followed according event timeline format (please see section 3.6 for additional detail on timeline format.) Janitorial and cleanliness of event also falls within this pillar. The event manager will be aided in this by a janitorial staff manager who will manage the janitor staff. Depending on the size of the event, the janitorial staff will be either SWARM employees or in larger events we enlist the help of MRF Services. ÷CI,A441 P44#1, WE EXCITE.WE UNITE. m. Audio/Video/Lighting- The event manager will also be responsible for all the technical aspects necessary for the event to function. The largest and most complex part of this pillar will be the audio video and lighting setups. Depending on the complexity and size of event, the project manager might need to enlist the assistance of an audio, video, and lighting technician. On the majority of events we can handle this with our in-house staff and equipment. On events that require specific and specialized equipment, we enlist the help of LPS Productions. n. Decor-The event manager will be responsible for the decor and look of the overall event.This will usually be done with the aid of in-house production staff and using our own inventory of furniture etc. In case of big events and special furniture we enlist the help of Quest Events. o. Staging/Trussing-Structural responsibilities will also be supervised by the Project Manager. In the majority of cases we can build a regular stage with our inventory, in specialized cases we work with Coper Productions. p. Legal Permitting-The event manager will have the full support of SWARMS legal department when it comes to obtaining the right permits. Although the project manager will not be responsible for the application and processing of the necessary permits, he does have the responsibility to have it processed on time for the event. Please see section 3.6 for more detailed information on our methodology regarding permitting. q. Security/Safety- Depending on the size and complexity of the event, the project manager will be assisted by a security manager. Security will operate according to a security plan that will be established before the event and in relation to an updated site map. r. Talent/Partner/Vendor Recruitment-The project manager will be responsible for the recruitment of talent, partners, and vendors necessary for a succesful event. In this task he will be aided by SWARM staff such as vendor managers, partnership managers, and production managers, depending on size and complexity of event. Please see section 3.5 for more detailed methodology. s. Marketing- Event manager will be responsible for the marketing deliverables In partnership with the whole marketing department at SWARM. Please see section 3.2 for more information on our marketing methodology. Our experience shows that having one dedicated point of contact for each event is the most effective way to operate and the least prone to communication errors. As such,the senior project manager will be the person responsible for the accountability and compliance with the terms of the RFQ (and in turn, SWARM as an organization.) Internally, the project manager will be supervised by executive management in order to ensure all goals are on track to successful completion. +57,1411 * t ' WE EXCITE.WE UNITE. 2.2. Relevant Experience of Prime Proposer The following list of events display SWARM'S wide range of capabilities and demonstrates our ability to contribute to an event in any stage of planning. From conceptualizing, creating, producing, and executing an event like Wynwood Pride to solely handling production like we did with the NFL Team arrivals, we can offer assistance in any step of the way. Below are a few examples of events we have contributed to in varying degrees: 1. Project Name: NFL SUPERBOWL LIV TEAM ARRIVALS 2020 a. Scope of Services: In this event, SWARM teamed up with Miami-Dade county, Miami-Dade Aviation Department, and the National Football Association to successfully carry out Solicitation FB-01492 and officially welcome the Kansas City Chiefs and the San Francisco 49r's to Super Bowl LIV. The event took place at an American Airlines Hangar in Miami International Airport on January 26, 2020 and was mainly a press gathering where reporters were given a platform to film and document the team's official arrival as it happened. In this case, SWARM was responsible for all aspects of the event production including but not limited to audio, video, lighting, staging, staffing, and janitorial b. Name of Individuals Involved: Tony Albelo (CEO, Swarm), Michael Davidson (Project Manager, SWARM). c. Client: Miami-Dade Aviation Department, Miami-Dade County d. Client Project Managers and Contact Information: i. Jeve Clayton Deputy Policy Advisor Miami-Dade Aviation Department Cel: 786-405-3599 jaclayton@miami-airport.com ii. Hendry Lopez Procurement Contracting Officer Miami-Dade County Internal Services Department Phone: 305-375-3803 Hendry.Lopez@miamidade.gov e. Cost of Services Provided:The total amount billed to Miami Aviation Department was $95,079. f. Term of the Engagement: Setup for the event was January 25, 2020. The event was carried out fully on January 26, 2020. g. Photos: +et IRI4 WE EXCITE.WE UNITE. 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Scope of Services: In this event, SWARM worked directly with Ark Endeavors LLC in representation of Barstool Sports in order to create the most successful edition of their proprietary event: Rough n Rowdy. The event features amateur boxing matches in a nightclub setting and in this edition SWARM was responsible for a wide range of services including consulting in venue selection and management, food and beverage concessions, VIP coordination, full event production including audio, video, and lighting, adequate city permitting, and business to business client relations. b. Name of Individuals Involved: Tony Albelo (CEO, SWARM), Michael Davidson (Project Manager, SWARM) c. Client: Barstool Sports represented by Ark Endeavors LLC d. Client Project Managers and Contact Information: i. Noah Flom Executive Producer & CEO Ark Endeavors LLC Cell: 504-957-4308 Noah@arkend.com e. Cost of Services Provided:The total amount billed to Ark Endeavors was$499,940 f. Term of the Engagement: Setup for the event was January 27-30, 2020.The event was carried out fully on January 31, 2020. g. Photos: See next page t I WE EXCITE.WE UNITE. p 't.$rt;►.��rY�^� of ,�.�"" - I ", 's`b c' da L c'� - a ,, „ ,,�°yam^ �. a ^r K. p ia' 6 81 11. ...- .F.-:-...--- C[,4, ❑'>k ''G . +4 _ .5' f Y P ._ ?G,'^.•`-'SV"K'.' may'y �".-: 'v •:ak M ; 9. K. ,e•-:,;4101, 1 y6J-<i , : , mss°` ' ' A y ,, iti, „,. ..,,. - ¥ r.''' '' 0 1 '-''''' 70 —x ' 4 it r„s,,,,, ......,..,, ... ,:.„„, t : fi ,„ , • • ffft'.01:41,';','t a �'a'' 3 sRaa �h? ra aY' w „,,_ < , ......., ., k r- �” ":="-" '''''''4'. ITf. '''us.' r a 14 ,r -:11..----- G '^', .:'q.`'.44 Yi n#^'+ °yam' 4 .....d'•,y�r r` a f y^..+� 1° k w a»�:.�'-� <rik+ -';404 4 il!^-;vim_ » .. � r .erg, t � ...,„.• ,5z _ -44,1e.,._____A%; A z ,, .,. tea == .. — ~ 4'3t ' n - '. ""�''y � At( 441.1*';kr`-)totor.....7T41- eiliti t .4.. . ,I ,y,,, \ . , WE EXCITE.WE UNITE. 3. Project Name: WYNWOOD PRIDE a. Scope of Services: In this event, SWARM was involved from the very beginning and offered their full spectrum of services. Initially, SWARM assisted in the creation of the concept and brand, aided in finding and securing sponsorship deals, facilitated venue selection, and acquired the necessary permits to operate. Additionally, SWARM was responsible for the full production (staffing, electrical, equipment, audio/video, tenting, decor, etc), food and beverage sourcing and management, and lastly the marketing and advertising of the whole event. Wynwood Pride will be carrying out its second edition in 2020 after great success in its 2019 opening edition. b. Name of Individuals Involved: Tony Albelo (CEO, Swarm), Michael Davidson (Project Manager, SWARM) c. Client: Wynwood Pride d. Client Project Managers and Contact Information: i. Anna Albelo Executive Director Wynwood Pride Inc Cell: 917-386-4342 anna@wynwoodpride.com, anna.albelo@gmail.com e. Cost of Services Provided: The total amount billed to Wynwood Pride was $578,808.52 f. Term of the Engagement: Setup for the event was on June 19-20. The event was held on June 21-23 2019. g. Photos: See next page eteisti WE EXCITE.WE UNITE. vvyNwooD PRIDE MIAMI 2020 —7- 7_ -_,... 'I - ---.:. ____ 1( 1 j•-':. lik' . • -.:- il- '`.:,,'",'$:-A.44 , ,, — „..,7 • -7; r" . k0,/ `Ir . .'`" ''',/.-' TIAL i I ''''':','' i 1, :', . ./.....4;4,. \- ; '. 1 ''' '• 1 t,,-7',„r"..tri s4.,„ i '• imi Yl."114'14 ''' :4:1"?.,i. - "%L !`,14e.,'' .. ' ,.- ,,v. - *#:.., i i •.1 1 •• ...ii -iP., ° ,31± , ' ...1. it. •-•4' ., fzz 711 ...' ".....' . ' c,...„,.4-,...,' ,-"-',.5-, ..t-': -4."5- -'-- :': A. "',".., -'F: -, !;::.'. „,"•-• , *a- '''' •.,-,1:-:•:;7:,;Z:','-.."f*:f-;„-... ,,i'.72,..---.....,-,;.,rt.-_....-•*:?1,-.',',...",.,-2-:... ,.. ".:---- s, .,.. , ''''1'. 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Scope of Services: This is a proprietary SWARM event that has been happening the second Saturday of every month since its creation in 2015. It is a block party that combines music, food, art, and local vendors and has become a staple in the Wynwood neighborhood. This is a proprietary SWARM event that was conceptualized and created in house. Every month, SWARM is responsible for its set-up: sourcing vendors, artists, sponsors, etc. Additionally, SWARM manages its production and correct execution. b. Name of Individuals Involved: Tony Albelo (CEO, Swarm), Michael Davidson (Project Manager, SWARM) c. Client: Wynwood event goers d. Client Project Managers and Contact Information: i. Michael Davidson Project Manager, SWARM SWARM Inc. Cell: 786-801-7725 mdavidson@swarminc.com e. Cost of Services Provided: The total cost of Wynwood Art Walk every month is around $75,000. f. Term of the Engagement: The event occurs the second Saturday of every month. g. 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"�R ril:‘ A,.--G f- le to fr-Ti J�' -ao A1119111, A, II 4001 WE EXCITE.WE UNITE. 2.3 Relevant Experience of Sub Contractors In our previously presented organization chart, we mention a number of companies we work in conjunction with on special occasions where our staff or inventory cannot cover the event's necessities. These particular companies are selected especially because throughout our extensive relationship with them they have proven reliable, professional, and consistent. The following is a list of projects in which we have requested their assistance in order to meet the event requirements fully: Supplier: LPS Productions Project Name: NFL Team Arrivals 2020 Scope of services:The sheer volume of events we had ongoing leading up to super bowl weekend meant that most of our equipment would be in use and some would have to be rented. In this event, LPS provided us with solutions in audio,video, and lighting in order for the event to go smoothly. Client: In this case we acted as LPS client as everything was done directly through us. We were the point of contact with the final client and all responsibility rested on our project manager. Client Project Manager: Michael Davidson 786-801-7725 rndavidson@swarminc.com Supplier: Copper Stage Project Name: NFL Team Arrivals 2020, Super bowl Super Fan Fest Scope of services:The sheer volume of events we had ongoing leading up to super bowl weekend meant that most of our equipment would be in use and some would have to be rented. In these two events, Copper Stage provided us with small staging and railing solutions. Client: In this case we acted as Copper Stage's client as everything was done directly through us.We were the point of contact with the final client and all responsibility rested on our project manager. Client Project Manager: Michael Davidson 786-801-7725 mdavidson@swarminc.com Supplier: MRF Services Inc. Project Name: NFL Team Arrivals 2020, Super bowl Super Fan Fest Scope of services:The sheer volume of events we had ongoing leading up to super bowl weekend meant that most of our equipment would be in use and some would have to be rented. In these two events, MRF services provided us with janitorial staff that made sure the events looked clean and trash was being hauled and emptied. Client: In this case we acted as MRF's client as everything was done directly through us. We were the point of contact with the final client and all responsibility rested on our project manager. Client Project Manager: Michael Davidson 786-801-7725 mdavidson@swarminc.com 4051,11il WE EXCITE.WE UNITE. Supplier: Quest Events Project Name: NFL Team Arrivals 2020 Scope of services:The sheer volume of events we had ongoing leading up to super bowl weekend meant that most of our equipment would be in use and some would have to be rented. In this event Quest provided us with a particular type of couch that was required to fulfill the solicitation that we did not carry in our inventory. Client: In this case we acted as Quest Event's client as everything was done directly through us. We were the point of contact with the final client and all responsibility rested on our project manager. Client Project Manager: Michael Davidson 786-801-7725 mdavidson@swarminc.com * 4 WE EXCITE.WE UNITE. 3.1.Approach and Methodology: Management Structure and Plan In this section we would like to echo the information provided in Section 2.1 "Organizational Chart". Specifically we would like to repeat the portion where it describes the management structure and responsibilities under the Senior Project Manager given that he will be the sole point of contact between SWARM and the City of Miami Beach and he is the top person responsible for the execution of the events: In the following organization chart we have highlighted and further detailed the role of the Senior Project Manager which will be the sole point of contact with any event/activity carried out with the City of Miami Beach and its partners.The senior project managers responsibilities will be the following (responsibilities will vary according to event/activity): a. Plan event/activity from start to finish according to requirements stipulated. b. Come up with suggestions to enhance its success c. Prepare budgets and ensure adherence d. Source vendors and suppliers when necessary and coordinate all load-in, strike and any other necessary appointments. e. Provide the adequate personnel to be able to successfully carry out the event in every department (operations,janitorial,A/V/L technicians, etc.) f. Coordinate all operations. g. Supervise all staff. h. Approve/Verify all aspects before the day of the event i. Ensure event runs smoothly and step up to resolve any problems that arise. j. Analyze the events success and prepare necessary reports according to guidelines. k. Successfully manage relationship with the client and be attentive to their needs, requirements, and observations and put forth his best effort to fulfill them. We have further divided the Senior Project Manager's role into the main pillars that have to be addressed when producing any event. His responsibilities will span across the following pillars I. Setup/Breakdown/Janitorial-The event manager will be responsible for the timely setup and breakdown of the event. In this task, he will usually be aided by an assistant project manager(depending size and complexity of event).Setup and breakdown will be followed according event timeline format (please see section 3.6 for additional detail on timeline format.)Janitorial and cleanliness of event also falls within this pillar.The event manager will be aided in this by a janitorial staff manager who will manage the janitor staff. Depending on the size of the event,the janitorial staff will be either SWARM employees or in larger events we enlist the help of MRF Services. m. Audio/Video/Lighting- The event manager will also be responsible for all the technical aspects necessary for the event to function. The largest and most complex part of this pillar will be the audio video and lighting setups. Depending on the complexity and size of event, the project manager might need to enlist the assistance of an audio, video, and lighting technician. On the majority of events we can handle this with our in-house staff and equipment. On events that require specific and specialized equipment, we enlist the help of LPS Productions. n. Decor-The event manager will be responsible for the decor and look of the overall event. This will usually be done with the aid of in-house production staff and using our own CILIA +ad WE EXCITE.WE UNITE. inventory of furniture etc. In case of big events and special furniture we enlist the help of Quest Events. o. Staging/Trussing- Structural responsibilities will also be supervised by the Project Manager. In the majority of cases we can build a regular stage with our inventory, in specialized cases we work with Coper Productions. p. Legal Permitting- The event manager will have the full support of SWARMS legal department when it comes to obtaining the right permits.Although the project manager will not be responsible for the application and processing of the necessary permits, he does have the responsibility to have it processed on time for the event. Please see section 3.6 for more detailed information on our methodology regarding permitting. q. Security/Safety-Depending on the size and complexity of the event,the project manager will be assisted by a security manager. Security will operate according to a security plan that will be established before the event and in relation to an updated site map. r. Talent/Partner/Vendor Recruitment- The project manager will be responsible for the recruitment of talent, partners, and vendors necessary for a succesful event. In this task he will be aided by SWARM staff such as vendor managers, partnership managers, and production managers, depending on size and complexity of event. Please see section 3.5 for more detailed methodology. s. Marketing- Event manager will be responsible for the marketing deliverables In partnership with the whole marketing department at SWARM. Please see section 3.2 for more information on our marketing methodology. Our experience shows that having one dedicated point of contact for each event is the most effective way to operate and the least prone to communication errors. Internally, the project manager will be supervised by executive management in order to ensure all goals are on track to successful completion. 4çJ/41i Itif WE EXCITE.WE UNITE. 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Select Press Quotes "It rarely snows in Miami, but that doesn't "Given December temps here aren't exactly stop Santa from swinging by these conducive to ice, it's hard to recreate Rockefeller parts. The new Bayfront Holiday Village is Center in Downtown Miami. But we come dang bringing some of St. Nick's North Pole close with the Bayfront Holiday Village, where charm to the city's breezy downtown area. the Bayskate roller skating rink sits under a 50- The calendar of events is stacked with foot Christmas tree, just a few steps from the wholesome movie nights, ugly-sweater North Pole Beach Club where they'll be serving parties, and grownup attractions that "The Christmas tree at Bayfront Park was lit up for spiked eggnog and other holiday cocktails all include a TGIF: Maker's Mark Bar." the first time this holiday season during a month." ceremony in downtown Miami. The Saturday event began at 6 p.m. and lasted until 9 p.m., and it was free and open to the public.The ceremony also kicked off the opening of Bayfront's Holiday IAMI Village. In addition to shopping, guests can enjoy ew Imes% waterfront roller-skating by Bayskate,over 50 local vendors, festive music, food and drinks through Christmas Day." —1, ' iD E ---nom- .-u,- ,,,, ''''' ;ae ''''& ,,,,.04° ''''''''''",,,,,,,,„,„,,,,,--ow• ,. MIAMI + . \ % 000 miami 93� 93j ;a Kt: 1 111151a `ra it TELEMUNDO Event Marketing Reach gra ;",M, ,; -i -, TOTAL EVENT � �: A-----.,,,,,_„------..„,,,,,,,---- - MARKETING ',, - ---,... .._ .,,.-- .. ., ..........--...,,,,o---- .,---- ' _...--.. ,-� . - MILLION IMPRESSIONS ,. - ,,,„,._ *Influencer post and user generated social media post not included* • (C, tGo gle ..,.:::::::,„ ............. S 1 Instagram Facebook Email Digital Eventbrite Street Team Press Marketing Coverage Impressions Impressions Unique Emails Sent AdWords, RSVPs/Page Flyer Digital/Print (organic) (organic& Visitors /Avg.Open SEO Reach Distribution Distribution paid) Rate Impressions 1.1M 1.5M 55K 2.4 Million 1.1 Million 8K RSVPS 10K Articles Impressions Impressions Visitors 4%Open Impressions 45K Reach Flyers 101 L Impressions a - 5M ¢ .. • a /+\ 4 ow- . .. Guest Social Media Clips ««« If AT&T^ 1=21 PM 95%1 .; ofi AT&T'$' 1:20 PM 96%UN .etI AT&T 16' 1.26 PM 95% . aM AT&T'$' 1:19 PM 96%111.° GAY FROhdT1*OLIs)AY'VILLAGE BAYERONTHO1 )Ayeoa Ar,;_ f AYFz ONTHOLfl)AYYfLLAGE E AY FRONTF'iOLDAY :%AGE ( Tagged Edit < Tagged Edt < ti 4„.„ , : ...... -' '••.' -.—”.i-..:,,_i —.- Tagged Edit Tagged Edit 1 pinkybbeauty . IawTra� "�� • • �� dannydoe24 say:=tet rrcfay vet�age Bsyhart v !r maxinthe3O5 <ayrz'rs;lbbday V�FiBgC a f ' It..' it " 6rt b e' ' a,a. it, g, .. 'il ..' ' I 1 „. '',. 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Over 400 pole banners and bus benches throughout Miami . , .„. ....100 `i� r a !!}sict .artraiNp. , t 4111.* It i„r z J °\ GUESS i�1CS$ < WHO'S 54.. SAY, WHO$ IF; }/ r' ” 1 COMING >> CGMIN , ' TO (D 00. TOWN? TOWN. Vit. ms' dN 7 pl.BEC r ,rNovTHB;DNov THBUDLL, ='FREE—�— a° ....,,FREE:__ —FREE`--— tI r 1 - '� �, A Wheat Paste Posters . . . .. ..9.-4.4„,, .. BYFON4,-,-, 0 ..IESS ir , o W H i 11A , COMING POP-UP HOLIDAY EXPERIENCE T o ,,,e A BUSTLING O RLt N FILLED I WITH BRILLIANT LI 14 TS. SHOPPING FOOD AND ENTEPTAINMENT. TOWN ? . r S.ex s, PULE fMAr�eo" �. ' # . .. NOV 29T" DEC 25TH SU Nt AY - THURSDAY, 11 A.M. TO 10 P. .. FRIDAY SATURDAY, 11 A.M. TO 11 I .M, � �.... "'r► BAYFRONT PARK BAYGRONT PARK I DOWNTOWN MIAMI DOWNTOWN MIAMI ®DAVcRONT40LID.AY Y3LL AL.iL I BAY cnoNTN0LtDMY VILLAGE COM 7{ y re�a .....rff o U''�91YC�C5r+.TNiP4Bp1YYSl.LiC 1JHL TR.. �` (TP x..NIM.,*. ,rt, 4 Entrance Trussing 7. . ,,„,,„ ',;„.,..-;,...low';',;;'n pp TT • � •�• ' "Fa + ` p, J / 1jrMl M EI;p.kt �� ._ ... t r z MAP . fir' eF ki .7 y ra t ,,,,,, ' ''-',r; 4 air ; : v a, k•�r�Ira1i ' fIP :7,�. • 4k i'i' el 3� € �A.91��RI�� .f $.01 ,,.,,..__,,, t,..,,,,,,.. .. ., ... . .v ,, , % . sh y �,,, x k ,ea +,,4_4va ° � �s - ,,. , , . ,, ,, _,- t - f '„, _.:4;"' i `: . .1 r t,. 4:,;'-''''''''''!,.! a ,. -`� 14,$',1,,,.,;:e: 11 t �. ,.�- � _., ,, �z a �� j' 0 0 0 0.6 0 d 0 0 THANK YOU ! ( ) 3,,LtiN-1 T. / \ BAYFRON -----r____ --- 2308 NW 5th Ave . Wynwood , FL 3312 1 0 : 305 . 461 . 2700 1 Partners@SWARMinc . com 3.2 Approach and Methodology: Marketing Plans The best marketing plan and specific methods to adopt varies from event to event. However, we follow a general framework that has proven effective in designing and executing marketing strategies. What follows is a step-to-step guide in our information gathering/decision making process: 1. Identify Target Audience: This is a crucial task and the foundation of all elements of a marketing strategy, from how we develop and name our events right through to the marketing channels we use to promote them. The better we can understand the target market, the better we will be able to reach them with relevant content, messaging, ads, etc. In order to get this necessary information, we usually resort to the following: a. Compile data on current customers: once we understand our existing customer base, we can go after more who fit the same mold. It is important to get key data points such as: age, location, language, spending power, interests, stage of life, etc. b. Analyze similar events and strategies that have been used by the competition. What has been successful, what has not? c. Successfully communicate the value of your service/event: what makes our event different? Why is it better? What are its strengths? 2. Budgeting: Once the target audience is identified it's important to define and project the costs required to promote the event/activity. Some marketing methods can be relatively expensive such as TV commercials, while others are relatively cheap when done adequately such as social media ads. The budget spend desired becomes an important factor in choosing exactly which strategies and methods we can employ to reach our target audience. 3. Define Strategy for Marketing and Sales: Once there is a target audience identified and a financial plan set in place, the next natural step is to design an effective strategy that reaches the target audience within the financial limits set by the budget. The methods and strategies we resort to are usually a combination of traditional marketing and digital marketing. The proportion of digital vs traditional and specific methods with which we spend the budget are usually defined by the target audience we identified in previous steps. Specifically, we have experience with marketing plans that include the following platforms/methods: a. Digital Marketing I. Google Ads: 1. Gmail ads 2. Search ads 3. Display ads 4. Youtube ads 5. Remarketing ads 6. Video ads %41WE EXCITE.WE UNITE. II. Social Media ads: 1. Facebook ads 2. Instagram ads 3. Twitter ads 4. Linkedin ads 5. Snapchat ads 6. Tik tok ads III. Email Marketing: 1. Dedicated email blasts to our existing database of event goers. IV. Online Free Local Listings (Free Press): 1. Use our database of blogs/websites that allow us to post free advertisements on their platform. This data base has been built on years of experience managing events. V. Influencers and popular social media accounts: We have an extensive network of relationships with various popular social media accounts in Miami. VI. Cross-Promotional Marketing: Once sponsorships and partnerships have been established we create a cross promotional strategy so all parties involved can reach out to other parties' networks (e.g social media posts on each other's accounts, sponsor logo on websites, etc). b. Traditional Marketing I. Outdoor Advertising 1. Street Teams: We have experienced teams we work with for flyer distribution, wheat paste posters, human billboards, etc. 2. Digital and Traditional Billboards 3. Bench, bus stop, and flagpole ads II. Traditional media advertisement 1. TV 2. Radio 3. Newspaper and Magazines III. Involve Public Relations Firms for additional exposure 4. Define Digital and Traditional Timing Strategy- Once the methods/strategies to use have been defined, we create a marketing timeline which communicates exactly when we will employ each method chosen. For example: a. 90 Days before event: (one post a week on chosen social media platforms, billboard and bus stop advertisement) b. 60 Days before event: (increase to two posts a week on chosen social media platforms, start employing street teams.) c. 30 Days before event: (Increase to four posts a week, intensify street teams, involve TV, radio, and Public relations agencies) This timeline ensures we stay on top of deadlines and are intensifying the marketing efforts as we near the events date. It also becomes one of the mechanisms with which we can analyze the marketing team's performance. 1 4114.1 WE EXCITE.WE UNITE. 5. Weekly marketing meetings- While event promotion is underway, the marketing team meets once a week to discuss the effectiveness of each of the components of their marketing strategy. This is done by analyzing hard number data, especially on the digital side where conversions, visits, and interactions with ads/pages can be tracked and quantified. These meetings are carried out religiously and, in our experience, are the best method to analyze what is working and what isn't in the planned strategy and consequently, make the necessary changes. 6. Marketing Recap meeting/presentation: After every event we create a marketing re- cap presentation where we illustrate the strategy employed and its results. On the next page please find an example of a marketing re-cap presentation for one of our proprietary events: Bayfront Holiday Village. Ai 4 4*' I 11,1 „„, , WE EXCITE.WE UNITE. 3.3.Approach and Methodology: Event Planning 1. Creative Start: The initial step is to come up with a concept for an event and to think of the main questions that need to be answered: a. What is the main purpose of the event? b. What is the main goal that has to be achieved? Once this has been clearly established it is important to come up with a brand for the event that correctly communicates the purpose and intent of the concept. 2. Budgeting: Setting the financial limits of an event is one of the foundational pillars that has to be established early on in the process. Doing thorough research on the costs that the event will incur and having them mapped out is always an asset when planning for an event. Being diligent and thorough in cost research will decrease the risk of surprise expenditures and in turn, lower the risk of having an unsuccessful event. Additionally, it is important to research a potential market in order to be able to project potential sales. 3. Timeline- Once concept and budget have been approved its important to project the future and create a reasonable timeline for the project. This timeline must include goals and milestones and must be adhered to so they are met on time. This will set the pace for tasks to be completed and will be used to see how effective the event planner is being on his deliverables. 4. Venue Selection- Once a concept and budget have been analyzed and approved it is time to get the wheels turning and transition from planning to action. Locking down the venue is essential in order to be able to communicate to potential sponsors, vendors, talent, and suppliers where exactly the event will be taking place. 5. Permitting-Once venue is locked down it is important to start looking into the permits that the particular event will require and find out what entities will grant you those permits. At this stage it is important to start creating the initial site map, think of life/safety plans, and create engineering plans for any structures that will be built (each event has different permitting and legal obstacles.) It is important to do this early on because some of these processes take time and you cannot control the timing of the institutions that grant the permits. 6. Recruitment- Once venue is locked down and the adequate permits are in place it is time to start selling the idea to sponsors, vendors, and talent. These will all help to make your event more attractive to potential customers 7. Production- Now that the venue is locked down, permits are in order, and some recruitment deals have been put in place, its time to shift into high gear and get to the nuts and bolts of producing the event. An event planner must come up with effective solutions for the following (depending on event): a. Staffing needs b. Electrical needs c. Equipment needs ÷9,1411 WE EXCITE.WE UNITE. d. Audio/Video/Lighting needs e. Janitorial needs f. Tenting/Structure needs g. Security needs h. Decor needs 8. Marketing/Advertising- While all this is process, a marketing strategy should be put in place and a marketing timeline has to be created.There must be a clear and logical plan to engage the surrounding communities and to advertise your event to the public. This will be the most important step in the search for potential customers. Please see following page for a timeline in reference to the event planning process. WE EXCITE.WE UNITE. 3.4 Approach and Methodology: Photos of Events The following are a compilation of photos of some of the events we have participated in over the years. As stated in the solicitation, these particular photos have been selected to present the attendance numbers and the creative look and feel of the event while at the same time reflecting on the overall success of the marketing strategy employed. Cultura Profetica Concert Mana Wynwood Convention Center Parking Lot April 27, 2019 .. .. .�..r_-�_ ._ — s 7,t °�M 'i" 1` L + � +s+ y r '�^+y`' ki on ir t t . '11,1),) - ,,s .,�-'Klfi{ `,r-'y[•� „' `�w" i -iv, 4 .• t , E,. f 444 k .. Y.u1. . Min� ' ,, - 5... Yew 4%;'.....:, •,',.^.4":„X',—", 71,111 '''S'.,. ' ,..,..,iN`,4`,„,.1. l'',Alt. 1,11.'4 .,,, - '."..-; -,,,,V * -...'>••L, 3 ''', ' k.• k F • ' j ' t a m s '`, d `£ 4,, s _ v. s. • y,, 4 ses,,,0,„y ,•-a, les' aw¢ rs`.£ aq 1.: w„4 1!, �• e *.174:,*�+,i�:'" ,2,,,,,ii,6. -... 4.,,,. r•. -,, '16 jp'. 710)14:' t �??yy�� t '' ' r ...;„,. ..„2:,.. .,,,,,,,. „ kti'I•� "aCrtift, ..M +I sit .:4'.0kr' +.7., t 1;4 ;11W. ,li,'' . .4‘,0,4 ,,rt;',,,4et,f ..!tftt.;,,Y4.-:,Z:( 1-1,, xit7 ,,,,, ,l': T `c xa1 l''' � t' 7 �+1 r :. ciellAiik`4 +.' WE EXCITE.WE UNITE. Grovetober Fest Regatta Park,Coconut Grove October 12, 2019 • ii 411 t I. -i l' ms® kv « � C } ' •, s fe m• t"F «fii- „ ` `_. '�a 4F 4 :',7-1'', tea S 4 nrb mr i a � x � s ee ;�' ,K � b �,,':'t,,, y,� 4...- „„ , ,:p .:� s.�. i„� aw fir,, j a ,;. ,411 4 b¢ , f :`41:i; q 7 t� ',','f h * a' it B yl .�'. �'i... d j ,..p.,','„ r . tet . `_�- A. d • . • , . Cf,0/AM4 4•i1 WE EXCITE.WE UNITE. Hallowyn:Wynwood Halloween Block Party Wynwood Market Place Oct 31, 2019 it ' ii* I to t t•', ; ; 4I •• ¢t er y,,,. .....,‘,Se X o� ' ,kr''3 #k« w �+6, ^J •^5w� dgF Fes'• ,3 'IA 4 •, 6j ; St. Pats Wynwood Wynwood Market Place March 17, 2019 'i a,7:, i' ! it �( ¢ _ !° Pr fi b. t. ..,31-4:„.1;i. . "'My `" 'e.i „ , , , : , • P� �- '' n__� �I ,,.,... ., i. (tee ,; .`ti / ` �k' IP F ^,k 8� Y:6 F' f z;:,-',. W y`"' ' ^, 'j y�4xr�' • ID P L gh f; �1 �t x,jjj�� t f c- i 6 �.X4t �,�!�i�t ,� ^C t �J ,�' 4 . 1,, ii , ey qpT P e mio Ma _„„,,,,,„„,,i,,,,,,,,,,--.7-41:,,,,,,,..,,,,,-, ,..�`�� h • ',nom k `�T $ "- ' lam v '~sem,£ s° - �.� }A. � � �f �>lT� � r ' '` ,� � a �,,,,g a• ,�, "sem 'fit +T..{•l x i �•. 3 a +�P' .r. ,rttl,k1§:;Hrittii''10:4:x.'1,41 :t'l ' .'- '* 'arft'71111''Ail° t:""—Mi':' :. ''''' ' '''''' . , Ar'' ' .' ' .e.' , r, ,,;.....„ .4 0 . h„. ‘,..7., y,..0,6, , 'itli r 1 lir.. ,,, ‘. -'14..• ,' 7 ,f, ik, 4, `g• 41714 t , '-ii, ...,,,,-. .-,-7)11t..4-‘,' .-, 4 ' , 4. , , g s iiiii1/4, "t r €' i®. f moi s 7. E� 1 x is, g� P ,,,,, . . . 4 -. ��„ ,..4."4 ,' 4 , t ilk '''' ..,( " �. 1174 i Y` , ,liii WE EXCITE.WE UNITE. 3.5.Approach and Methodology: Recruitment and Coordination of Talent, Partners, and Vendors The experience we have garnered in developing our own events has become key in numerous aspects of event production.The recruitment of talent, partners, and vendors is one of them. We know this part of the process intimately because we have lived it ourselves.Whether it is recruiting a group of local vendors to display their merchandise at the Wynwood Marketplace, negotiating with AT&Tto be the main sponsor for our own Super Bowl Super Fan Fest, or attracting world renown superstar Pitbull to perform a New Year's Eve concert at Bayfront Park for the fourth year in a row,we know what it takes to be successful in all aspects of recruitment. 1. Vendor Recruitment:Through various years of practice,we have an effective and simple method to recruit vendors from start to finish. The process is as follows: a. Create Vendor Opportunity Presentation: Our initial step is to create a presentation directed to potential vendors in which we thoroughly explain the concept of the event, go over the past or expected demographics, present the potential opportunity of what it can mean to their business, and answer frequently asked questions. Please see our attached example of a vendor opportunity presentation we created for our proprietary Christmas Event: Bayfront Holiday Village. b. Distribute presentation and begin the Commercial Process: Once the Vendor Opportunity Presentation is finished, we begin the commercial process. Initially, we look at our database of vendors we have worked with in the past that might be interested in the particular event.This is usually the quickest and most effective way to recruit because there is mutual experience and trust working with each other. The majority of times we can recruit 100%of our vendors this way. If not,we reach out to similar brands that could be interested in having a vendor tent in the context of the event we're carrying out (e.g for FIT MIAMI we reached out to health food brands,gym apparel brands, etc.) c. Fill out Vendor Application/Contract: Once a verbal agreement has been reached with a vendor we direct them to our vendor application/contract in order to formalize what was spoken. This application includes all the basic information of the agreement and will become the contract by which the relationship will be governed. In order to participate in the event, the submission of this document is mandatory. Please see example of Bayfront Holiday Village vendor application attached d. Publish Vendor Guidelines: Once we have our vendor needs met and feel comfortable with the vendor mix we are presenting at the event,we close sales and publish our vendor guidelines.This document gives vendors the basic and crucial information to the event as it relates to them (Vendor support staff involved, hours of operation, set-up/break-down times, parking, etc). Please see Bayfront Holiday Village vendor guideline example attached. e. Offer Support: The last step is to offer support during the duration of the event. There is always one vendor manager assigned to every event that must be on site at all times during the duration. Additionally, depending on the size of the event the manager will also be accompanied by vendor coordinators. Please turn page to see examples of formats/applications used to implement our procedures. 4045,1A4 WF FXCITF.WF I INITF 2. Partner/Sponsor Recruitment: Our sponsor recruitment process has a similar framework to vendor recruitment: a. Create a Sponsor Deck:The initial step in a process of Sponsorship/Partner recruitment is to create a deck which thoroughly explains the concept of the event, expected or past demographics,and an explanation of how the event will be a good platform to display the sponsors brand. The ideal sponsors deck will get a potential investor excited about the upcoming event and give them all the necessary information to make an informed decision. b. Distribute deck and begin the commercial process: Once the Sponsor deck is finished, we begin the commercial process. Initially, we look at our database of vendors we have worked with in the past that might be interested in the particular event. This is usually the quickest and most effective way to recruit because there is mutual experience and trust working with each other. The majority of times we can recruit 100% of our sponsorships this way. If not, we reach out to similar brands that could be interested in having a vendor tent in the context of the event we're carrying out(e.g for FIT MIAMI we reached out to health food brands,gym apparel brands,etc.) c. Meet with potential sponsor: Sponsorships are usually more complex than vendor recruitments. In many cases,the potential sponsor/partner would like to create a certain experience or activation that goes beyond just having their brand's name appear on the event. In these cases, it is important to meet with the sponsor and listen to their specific needs. Ideally, after this meeting there is complete clarity as to what is expected from each party involved and if there are additional steps necessary,a plan of action is created. d. Create Budget(If necessary): Depending on what is discussed in the initial meeting there might be a necessity to create a budget in order to adequately execute on the Sponsors vision.In this case a budget is created and presented to the sponsor for his approval.Once the financial and creative plans are approved the agreement is ready to be drafted. e. Sign Agreement/Execute plan: An agreement is drafted that outlines each parties responsibilities, costs of the services, terms of payment, etc. Once this agreement is signed, we involve the adequate parties to execute the plan and have everything set by event opening day. f. Offer Support:The last step is to offer support during the production phase and duration of event.There is always one SWARM representative assigned to a sponsor whose main responsibility is to assure that the sponsors needs are met in a timely manner and that the agreement is executed adequately. Please turn page to see examples of formats/applications used to implement our procedures. 3. Talent Recruitment: a. Define Appropriate Artist/budget:The initial step is to define an appropriate artist given the context of the event and the talent budget available. Once that is defined, we have an extensive contact list of artist management agencies and business managers that we reach out to for artist booking. b. Draft and sign agreement: Once a good artist fit has been established it is imperative to reach a written agreement that contains the deal terms discussed (deposit amount and form of payment,performance length,transportation,catering,what party provides what etc.) iir WF FXCITF WF IINITF c. Analyze/Execute artist rider: The written agreement should be accompanied by the artists rider which will give us the exact audio/video/lighting and hospitality necessities that we will need to set-up. These will be the guidelines by which we will conduct our relationship with the talent recruited. d. Establish contact- Production Manager/Artist Manager: Depending on the size and complexity of the event, the event manager might need assistance on the talent management front. In this case,there will be a production manager and possibly a stage manager also assigned to the event. The production managers sole function will be to make sure all the technical and hospitality needs required by the artist are met and the stage manager will be responsible of managing the run of show(schedule)of the evening. e. Offer Support-It will be the production manager and project manager's responsibility to offer support throughout the duration of the event and to make sure that the talents needs are being attended in a timely and professional manner. ii.kk et tAti ÷ 4 WE EXCITE.WE UNITE. 3.6.1. Coordination and Implementation: Venue Load in, Load out, Event Set-up & Breakdown A well plan set-up/breakdown plan and clear rules for load-in, load-out procedures are crucial to a smooth operation in event planning. Below are our procedures when coordinating and implementing set-up, breakdown, and load times: 1. Create an Event Contact list/Labor Plan: Having an updated contact list with everyone involved in the event is imperative for effective communication list. This list will be handed to the assistant production manager as one of his primary duties will be to oversee timely set-up/breakdown and load-in, load-out. The initial step is to create a contact list that includes the following information at a minimum: a. Full Name b. Company/Supplier c. Phone number d. Arrival times/Departure times for each day of the event One important detail here it is that when dealing with suppliers or subcontractors, it is not only important to have the contact information for the sales representative but also one must always ask for the name and contact information of the people that will be driving the truck and delivering the goods. This is the most direct line of contact possible. Please see example of labor list for one of the events we produced recently. 2. Create a detailed Timeline for Load in/out and Setup: Set-up/Breakdown-A successful set-up and break down process must follow a well communicated timeline that includes every department responsible and their respective times to set-up/breakdown. This timeline should be continually reviewed by the assistant event manager. Please see attached example of timeline for recent event. 3. Create Detailed Site-map: It is also imperative to provide everyone involved in the project a location site map with clear load-in/load-out areas in order for them to guide themselves when they get to site. In any case, there will always be an event production assistant to guide suppliers at load-in/load out locations. Please see attached example of site map for recent event. 40ir1 WE EXCITE.WE UNITE. 3.6.2 Coordination and Implementation: Rental of Equipment As previously stated on this submittal to the RFQ we carry our own inventory and can, in the majority of cases, supply events with our stock in terms of furniture, sound equipment, video equipment, lighting equipment, staging, and tents.This means that in general we can keep rental of equipment to a minimum. However, some cases do require special equipment or furniture which we do not have in our inventory. In those cases, the following procedure is enacted: 1. Reach out to one of our trusted suppliers:Whether it is in the furniture,A/V/L, or staging department,we have several suppliers we work with that have proven to be professional, efficient, and consistent throughout our commercial relationship. 2. Establish exact needs, location, and load in/ load out times: The exact needs of equipment will be communicated to the supplier together with the location where they will be dropped off and times of drop off pick up.Additionally, a person of contact(usually event manager or his assistant) will be established for both parties. 3. Review Price Quote: Once the supplier sends the price quote it will be carefully reviewed by the project manager to make sure it reflects the solicited equipment and that drop off/pick up times and dates coincide with what was discussed. 4. Add Supplier/Equipment to Production List: Once the price quote is approved it is imperative to add the supplier and the equipment to the overall production list of the event so every piece of equipment and every supplier involved is accounted for and the project manager knows exactly which party is bringing which equipment. Attached you can find an example of a production list in which both Swarm and other suppliers were involved. 5. Establish Contact at Load in/Load out-The event manager or his assistant will be present at drop off and pick up times in order to coordinate the transfer of the equipment and clear any doubts that might arise. 411.1 1 WE EXCITE.WE UNITE. 3.6.3. Coordination and Implementation: Recruiting and Managing Event Staff and Volunteers One of the advantages of continually producing events (100+ events produced in 2019) is that we have the financial stability to be able to maintain a relatively large and specialized production and operations team. In most cases,these employees have been with the team for a good amount of time and they have become trusted and battle proven. This serves as a huge advantage in events because it minimizes the risk of working with previously unknown staff. When we produce an event, we put our own staff on the line so we can effectively minimize any risk. We currently have over 25 full time employees in the production and operations team that can be available to us for any event. Keeping this in mind, our recruitment and management process would proceed as follows: 1. Analyze the personnel needs for a specific event: Once the event is in its production phase (see timeline in section 3.3.) we usually have enough information to be able to determine the personnel needs with precision. Prior to the event an operations meeting is called where the personnel needs for each event in question are discussed and established. This is done by reviewing all available information and making informed decisions (site map, vendors recruited, sponsors recruited, activations, artists involved, etc.). 2. Create Org Chart for the event: Using the analysis gathered from the previous step,we create an org chart for the specific event that responds to the personnel needs established. This is the crucial step where we organize and distribute people accordingly. A concert event with big talent attached for example, will usually have more complex production work. In a case like this we would include additional personnel such as audio, video, and lighting technicians to be safe on the technical aspects and also a stage manager to make sure the run of show is going according to plan. 3. Look to our in-house talent pool:As mentioned before we have a professional labor force that is qualified and experienced at event production and management. In the great majority of cases, we can staff our own events and have no need to look elsewhere. To date, our production and operations team includes the following positions: a. Production managers b. Director of operations c. Event Managers d. Stage Managers e. Artist Liaison f. Set-up/Breakdown assistants g. Security Manager h. Security Officers i. General Services Manager(janitorial) j. Licensed electricians 4. Enlist contractors we have previously worked with: In case we cannot cover all personnel needs with our own staff we have an extensive list of contractors we have worked with in the past and trust to execute correctly. We have commercial relationships with companies/contractors that we can count on in the following fields: a. Security b. Janitorial c. Audio,Video, Lighting d. Electrical e. Others 49,14R1 WE EXCITE.WE UNITE. 3.6.4. Coordination and Implementation: Obtaining all Necessary Permits One of the most pivotal steps you can take towards a successful event is proper permitting. Given our history as event producers we now know exactly how and what to apply for in order to ensure that all documentation is properly processed with the city. We have the experience necessary working with city officials and city departments to make sure everything is secured before event day. At SWARM we have worked to process and secure various permits from special event permitting, temporary use permitting, road closures, police,fire, engineering, and more. The permitting process usually goes as follows: 1. Define nature of the event, venue, and identify the correct municipality involved: Once the project gets presented to the regulating municipality it has to be almost completely defined. It's important to know exactly what the event will consist of, where it will take place (is it public of private property?), and exactly which municipality is involved. 2. Visit Municipality and Fill out Appropriate Application: Depending on the conditions and nature of the event the applicant will be required to fill out an application, this usually requires information such as: a. Name of event b. Location of event c. Set-up/Tear down dates d. Hours of operation e. Event staffing, employees and volunteers f. Production schedule g. Site map(usually reflecting location, parking,activities,security,and emergency services) h. Description of activities planned for the event i. Estimated audience j. Anticipated sponsors k. Media coverage for event I. Background information on producers/owners/applicant for the event m. Contact information 3. Submit application &pay application fee within the specified time limits 4. Assist Special Events Meeting-After application is reviewed the applicant will usually be invited to a special event meeting in order to personally review the application with City Staff and discuss the event needs in more detail 5. Determine City of Miami Services Necessary- Depending on the nature and scope of the event, the municipality administration will determine which City services are necessary and in what particular quantities. City services usually include Police, Fire Rescue, Solid Waste, Parks and others. 6. Follow any additional guidelines or instruction given by City It's imperative to account for the fact that the permitting process can take some time and should not be left as a last-minute decision or else it's possible that event dates will have to be pushed back. As always, the most important concern come event day should be to have all required documentation in order. ÷49,1411 . WE EXCITE.WE UNITE. 3.6.5:Coordination and Implementation: Event Signage and Decor We can count on our marketing department to aid with the design of any signage and decor associated with a particular event. With in-house graphic designers, photographers, and videographers our marketing department is capable of delivering high quality content quickly and effectively. The process usually goes as follows: 1. Call Marketing/Operations meeting:The initial step is for the project manager to call a meeting in which he involves the marketing department. In this meeting the full site map is reviewed and broken down by areas from a marketing/signage/decor perspective. For example, the entrance truss will be identified as one area needing x number of signs,the vendor tents will be identified as another area needing x number of signs,each sponsor will have its own necessities in terms of sign design, etc. 2. Create Signage/Decor List: The result of this meeting is a complete signage list for the event in which each area identified has its particular signage attached. (please see attached example on next page). This list will serve as a guide and check list for the marketing department to begin their design work. 3. Communicate the responsibilities of each party: In signage design sometimes sponsors or partners will want to create their own designs. After initial meeting the contact information for each sponsor and their design/decor needs are given to the marketing department. From that point on it is the event manager's responsibility to check on the timeliness of the 4. Fill out appropriate design request forms:With this document the event manager communicates to the marketing team any designs that are necessary for the event. After the meeting, the appropriate design request forms will be filled out and marketing will begin their designs. Please see example of design request form attached. 5. Verify Design: After marketing is done with the designs requested, an email will be sent for final design reviews to project manager and any sponsor/vendor involved. No graphic design piece will be sent to printing without final written review and approval. 6. Print and Receive:After final review and approval is given,the designs will be sent to print at one of our trusted local suppliers. 4041,1441174 WE EXCITE.WE UNITE. 3.6.6. Coordination and Implementation: Generators, Power Sources, Lighting,and Cabling Being able to correctly identify, quantify, and organize electrical needs is a crucial step in the event planning process. In order to adequately identify and manage our electrical needs for any event we count on the expertise of our in-house licensed electricians. This process has various steps that need to be analyzed in order to have a successful electrical plan: 1. Site Visit:The initial step is to coordinate a visit to the site of the potential event which the project manager will assist accompanied by one of our licensed electricians. Aided by a site map, the electrician will be looking for the following: a. Power Source (or lack thereof) b. Distance from the source to the event activities (this determines length of cables) c. If no power source is available, identify a safe zone that is clear of the event where generators can be utilized. d. The best route to run necessary cables. 2. Match up Site Visit with Event Power Requirements: After the site visit is completed, the next step is to carefully analyze the electrical requirements needed by the event. This information needs to be given to the electrician by the event manager, who will gather the information from each vendor,talent, sponsor, or any activation that requires electrical needs. What results of this analysis is a complete check list of all the items in the event that will need to be electrically powered. Next, its necessary to check the number of watts that each item will consume in order to get a total estimate of what the electrical draw will be. 3. Quantify Electric Needs and Decide on Equipment: Once the total electrical draw is quantified and the source of power is known,the licensed electrician will make decisions as to what type of equipment(generators, extensions, cables,etc)will be needed. If there is no power source at the site,SWARM has an inventory of generators ranging from 25kva to 17Skva that we routinely use for outdoor events. 4. Draft up Electrical Plan: The next step is to draft up an electrical plan that will show in very detailed fashion where the sources of power will be located, the type and length of cabling that will be used, the exact positioning and route the cables will take, and where they will feed into. This will become the electrical guideline for the event. 5. Review with City Fire Department: If necessary, it is always a good idea to have fire department inspect the electrical plans in order to make sure they meet safety requirements and the use of cable ramps and safety devices are adequate. 6. Offer Electrical Support During Event: We will always have at least one electrician present throughout the duration of the event to provide support and solutions should there be any electrical troubles. +9,1441 1 WE EXCITE.WE UNITE. 3.6.7 Coordination and Implementation: Production Staffing Needs and Suitable Solutions Please refer to our answer in section 3.6.3. "Recruiting and Managing Event Staff and Volunteers" as we explain in detail how we identify production staffing needs and our planned responses to them. ÷.9,141k.4WE EXCITE.WE UNITE. 3.6.8: Coordination and Implementation: Sponsorship Opportunities Please refer to our response in section 3.5 "Recruitment and Coordination of Talent, Partners, and Vendores" where we outline in detail our process of identifying and handling Sponsorship Opportunities. 4041144411 44 WE EXCITE.WE UNITE. 3.6.9 Coordination and Implementation:Traffic and Parking Plans Large events can have traumatic effects on traffic and civic organization If there are no plans in place that account for the potential influx of an increased volume of people. As such Traffic Management Plans are required to help move traffic safely and efficiently and to minimize conflicts between event traffic and existing traffic on the public road.The traffic and parking management process goes as follows: 1. Complete Site Map and Identify potential impact of event:It's important to have the exact venue of the event locked down and to identify the main roadways that could serve as entrances and exits to the venue and the potential effect that the event could have on public mobility. 2. Draft a Maintenance of Traffic Plan ("MOT Plan"):Once we have all the location information and have identified its surroundings,we partner with one of several suppliers we have that can design a specific traffic and parking plan for the selected venue. This document must be prepared by a certified Traffic Control Technician or Traffic Control Supervisor as appropriate for job complexity. Please see attached an example of MOT plan we have used in past events. 3. Review Sub Contractor Work: Once a maintenance of traffic plan is approved and able to be executed it is the project managers responsibility to coordinate and monitor the sub-contractors labor and execution of the MOT. He is to be present when the sub-contractor arrives to make the changes in traffic flow and put up the necessary equipment such as zone signage, arrow boards, variable message boards, detour signs, etc. ÷CVAiltie* I WE EXCITE.WE UNITE. 3.6.10:Coordination and Implementation: Event Recap Reports Event recap reports are a necessary exercise in order to summarize an event, quantify the numbers, look at positives and negatives, and plan changes for the upcoming year.At SWARM we create an event recap presentation for every single event we carry out, in fact, it is one of the project managers many responsibilities. Our event recap presentations follow a certain format although we do not have any problem adjusting to the format desired by any client. Usually the event recap presentation touches the following points: 1. Relays the Events Basic Information. a. Date b. Venue c. Admission Costs (If applicable) d. Attendance numbers e. Event Website f. Event Hours of Operation 2. Presents the Demographic of the Attendees a. This information is crucial to know to attract sponsors, vendors, and partners 3. Summary of the Activities/Features of the event 4. Photographic and Video evidence of the turnout 5. Site Map 6. Marketing Summary a. Digital b. Traditional c. Media Coverage d. Signage Printed 7. Partner/Sponsor Highlights: We usually do a small page dedicated to each sponsor that participated in the event with us. As previously stated,this report is responsibility of the project manager who executed the event on behalf of SWARM and he can submit it in any desired format. WE EXCITE.WE UNITE. 3.6.11-Coordination and Implementation Life Safety Necessities Being prepared with life/safety necessities is crucial for any event. Preparedness and the ability to act quickly during an adverse situation can be the difference between life and death in many instances. At SWARM we are careful of always being prepared in the event adverse situations occur and we operate carefully to always be in compliance with Life/Safety plans. 1. Life/Safety Plans:We religiously abide by the requirements stipulated in the life safety plans that support our events. One of the main functions of these plans is to communicate the minimum requirements necessary that the event organizer needs to abide by in order to safely start the event. Fire extinguishers, first aid kits, and other life safety necessities are accounted for in life safety plans for the most part. 2. Verify Vendor/Sponsors Tents: On our inventory we only carry tents with flame retardant certificates and make sure to provide fire extinguishers for each vendor in each event.In the event we have to rent any tent, we always ask for a flame-retardant certificate and that a fire extinguisher be provided with the rental. Fire Extinguishers must be visible and readily available at all times during the duration of the event. 3.6.12-Coordination and Implementation On-Site Emergency Services Coordination of on-site emergency and medical services goes hand in hand with event permitting. Depending on the nature and scope of the event the municipality administration will determine which City services are necessary and in what particular quantities. These City services usually include Police, Fire, Rescue, Solid Waste, Parks and sometimes others. We have experience working with each of these entities and agree beforehand with any decision the City makes regarding On-site Emergency Services. As CIAIT ,.,C.C„1,11- ,,.,,r, 3.6.13-Approach to Communications and Consultations with Client Staff As stated in previous sections of this application we would like to employ a single point of contact on SWARMS end for all communications related with the City and its partners. We find this to be the most effective way to operate and the least prone to communication errors. The senior project manager will be available to communicate with the client at all times via the following avenues: 1. Email 2. Telephone 3. Text Message/WhatsApp Additionally,the senior project manager will be required to attend all meetings or formal gatherings set- up by the Client/City. iocteldWE EXCITE.WE UNITE.