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Agrrement with Tom Bercu Presents, INC. ssaitha ue o Juana 441 UI Imo 'A:wimpy 'paplApJd .}palaq Lied e apew pue pelelodipous Agway we yosym Jo He '(jesodwd,) 01alaul asuodsw us esodo.id slueunsupo pue siLn uos;eldwalupo us AH0 ay; Aq pens,L1 'O33123 s)uatupuawe e 141NI .raq;a5o4 sJeonpold Along Pue 6u!wwe-150id lijurnin3 JO CIN-L90-0Z0Z 'oN (0Ab)Jo suotwwieno sEinbal3 !welly Jo A.* ueaw Heys s:uatunooa iesodo,14,1 swawnoca sodo seovuas..1o; uoilesuadwOo se:ue;Insupo aut GI pied lunowy wawawdy sly') O id apew pue Agway pas.pege _sepia apies luennsupo pq!ux3 5utsn Jecup spas jo pefqns si leip ;-..)afaid ay))OJ lueLnsupo Jo pannbai aq 4:alum seovues Rino:ued ay; a)eouslap pue aquasap Alleospoads Heys ,lapso aowas lueHnsuo0„ %repo apt/ties luel;nsuoo 4uewth-Lsey 944 O uens.inc1 uexelJapun JO petwapad lueosuo0 9L4 Aq suorpe pue)pom •saoques Hy saoskas Apo aq;JO aaAoictwa lolue6e ue lou pue`Jopeguoo)uapuedaput usa aq o pERuaap aq Heys lueLnsupo luauiaway SIL1140 sasodand eq Joj luennsuo0 )uawdoiaAeo !e.-,MirY3 pue wspnoi ';openo juelsissy'AAeus JayleaH eq IIENS aau6isap s,Ja5euell Apo ayi Apo ay; JO peuaq uo waweaky SU.fl Jaistustupe Je5eue),A4 Alio ay; Aq paleuElsep i oul,‘ Jeqwew 4es Apo 4cti .aau5ssac S,Ja6euer44)ro 'Atro 9U JO ianwo aAriellssuswpe;aft.p eq.). *.ka5eueol AHo opiaq)swawpuawe pue sHqsyxa Aue 6upropti! )ustmstioo pue Ajaq) uae/egoq luewealfsysqj :)uawaw6y SNOWNIA30 N01133S Lluelinsupo )gp000 equiopeo sale5py apng -pAig losunS CO9 Si ssaiPPe asut-im 'uolle-Jod-100 elLuO4lle0 e *SIN3S3lid 1132139 140i pue alp)6e 'E'pUOij 1ea9 'anucl Jalueo uolluaAuop ooz). e saolgo Ii7d:OULid BulAey "eppouJOale4s ey; JO smei at413apun 6wisixe pue paziuvaso ucilasodico ledsorunw e `VG12:101A 'HOV313 RYAN AO ADO uaamiaq '(_e;eci anspaiG,) oz Jo /Cep siy1 Pius pwu s ( wawa , ) wawaeiby seoseues seuoissajoid siu. L' ON-LSO-OZOZ-OdZi 01 iNvnstind S133120023d 1N3A3 ONV ONIMNVII0ONci-nrunrino bOd 'OM 'S1N3S38d f108381A101 ONV H3V391INVIIM JO AIM 3141 N33M.1.39 IN3W33UOV S301AN3S 1VNOISS3J0eld 10-4SQ-OZ '0N Pelluc'D -Z DZA LD o-zc)-z conflict between the Proposal Documents and this Agreement, tne following order of prececent shall prevail: this Agreement: the RFC) 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. 6.135;and fax number(305)673-7023. SECTION 2 SCOPE OF SERVICES 2.1 To assist the City to conceive, develop arid 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 expenerices: • 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 arid 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 HealherShavvasniamibeachftgov 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 !he 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 shalt 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 nut 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 agreed-upon amount reflected on the corresponding Consultant Service Order, and in 3 v 'saa;,sAauJoge aiqeuoseal 6utpcnout 'suorloe tons;o slsop Janooal o pallnua eq lieLls 41Q eta. luegnsuco ;suz6e salpatual pue sIgfiu sAc, ay) ad..0jUa of Japio U isaJalu! ;seq st.! LJ i aq O .uaap leg; suonoe aipelinbailefial pue Aue Egmq o; palinua aq Hews 'utoneuosip pue uondo alas le 'Apo atti, tuersuoo eq Aq luatuatiu6v aul;ogoeaiq Aue Aq A1iJ at AG pautesns sa5ewep 10j 4140 au) o; AliNell Jo paAaltai aq lou Hats luegnsucyeAoq tj5uipuelrtr4.-r:: watuaaJev sttg *lo ainJtA Aq to ino Burstis wi pue 'satinp seqq e pue Aue 1.1104 pa6Jegosip Ann; eq !legs 40 at)) uoileuluJJa; uodn iuegnsupo01aonou JaulJn; Inot4m luaLuaaJ5y slq) aleusuJJat Aio eq) 'sAep (00 ua) Jade paJnoun suletual gneop gons g itnetap Lions aJno oj sAep (0 ) ua; luelinsupo lueJ6 ?legs pue ;tiaweatBy sig)Jo (s)uual Jeinored aul o U011efOlA S11jo luegnsuoa atg Anou ilegs Al!G eqo 'asneo Jouwie oj LJOI)d0 SI! butstolexa oJOUd esneo Jo; ivatuaaJ6v srui 91EUILJJ0) 02 146u aq aAeg uodnalatg !legs '1a5euer4 Alt3 t45noJtg 'Al0 eq 1 '1U8LIJOOJeV VW of leualsw suotleindt;s to 'sluatuaaJbe 'slueuaAod ag) io Aue •saleiolA aSINUeL110 JO 'iauuew Aewi e Lijn 01 pa; !legs ;uegnsuo0 asnvo 230d NO1iVNIINHB1 S N01.1.03S AoblicvE>equen_urp)salqeked :tiorslAy3°melted sluno-say •ssaiPPE3 0l4l le eta 01 Pellaliqns eq Ileqs pue 'paprAcid (IcaJag; suon.Jod Jo) sao,AJas au; ;o uoilduosato paye)ap e apniou! !legs sappAut (aotcsAul Jelnoqsed aqi ut paoua:alat pue) paJapuai Alucnoeisi;es sues egi ;o (suotpod 98014 JO) U04.400 leg; Jo; sAep (Gt) ant_I-Apol epew eq !legs (s)luatuAed ao!onui panoJcide pue apeidapoe ueo Idtapai uodn ONIDIOAN1SP suotinope JO/pue sinew Aue mogitAet 'paoloAut aq !legs luegnsupo au; AG (luatuAed Jo ;owe! 6uvnbaJ) oTd pue paJinoul siunowe lenipe Aluo lueuleaAv aq gym aoueploopew pue 13m3 pue Gni), ale aiqesJnqwias se patiiiero swat! pue slunotue ag) legt JegonoA Jofoue aoloAu! gons tpee of se Al;woo !!aus wellnsuoD (JoloaJIG sjue.upedaa 5uipuocisaJicc au) Aq pe)sanbat se pue 'peoloAul iunowe eq pocidns 02 pabnbai ieualew dn-xoeq Jagio Poe sichopa.1 butuoddrs Aue give% 5uoiE) Jopait0 s luatupeda(j butpuodsollod aul 01 pagliuqns eq {legs sasuadx3 aiges.nquilald Jo; sJouonott JO S8 !0/tui Jo;PaJta s watupedaa 6u!puodsaJJod JO 196eueviiAp eq) Aq '6unum UI apueApe 'pazuotgne eq snut sasuodx3 alGesIngtutab Aue .anoqe aq) 6u!puelstiliN0N (.sasuad)(3 apesunqu.sia „)auJg o;awn u,o.11 Apo owl Aq peiepdn eq Aetu se •(ssaufsno Apo uo laneti.) 1.0 0z 00 pi.; ampopoici aptiv‘A)!0 taw aouepaoope 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 WRI1 I EN 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 CONVE: _ . . _ _.__ __ SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORiiiE.v Ur Tv 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 ail 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 Consultants performance or the Services pursuant to this Agreement_ To that extent, the Consultant shall pay all such claims and iosses 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. ncluding 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 Consuttant'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). 63 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 behatf 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 ori amendatory endorsements, or copies of the applicable insurance language. effecting coverage required by this contract. All certificates arid 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 do EXIGIS Insurance Compliance Services P.O. Box 41668-ECM#35050 New York, NY 101634668 Kindly submit all certificates of insurance, endcrsements, exemption letters to our servicing agent, EXIGIS,at: •rtificat -mimii .ch erisievorks.com 6 6,9 Special Risks oe 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 JURISDICTlON/VENUEHURY TRIAL WAIVER This Agreement shall be construed in accordance with the taws of the State of Florida. This Agreement shah 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 hereir, exclusive venue for the enforcement of same shah 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 breath never exceeds the amount of Ten Thousand and 00/100 Dollars (S10,000.00) 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 shah riot 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 •;;;T:4 APPLIcABLE UMNS/PAUNT RIGHTS; COPYRIGHT; AND CONFIDENTIAL FINDINGS 9.1 DUTY OF CARE With respect to the performance of the Services contemplatee' tee-e4e, 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 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 shalt 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 Dy this Agreement. Consultant shall maintain any and ail sucn 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. (8) 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 ls on time, within budget and in 6 peAloseJ Atieut;eie stufeio JO 'uoqethp! *weedy uons Nun luetuee)6v %t4; o ugetal JO iapun 6tAsue %Lipp to luetuellies au; o uthie5111 GI .co sleacide of 6utlele: spiopeJ eicepene aNtetu ;legs luegnsgoo egi pue 'iuetuelgas uoileutauai leo; /we Aq4e SJI3a/t (c) aefia Nun pwj o utlefaJ spiooai eiqepene emetu Ileus itiegnsuoo 'pe)evitxual Alieved JO Alalaidwoos itlauseaky Sig; ;! uotpppe u! luatuaaJtay stui;o sesnep Jegio Aq Jo op-1) 1s Aq patinba3 poued la6:01 Aue Jo; JO 4UOLIJOOJ6,1, SUB Japun luetuAed eu Jade sieeA ( ) earl.); plun 'uoqPnpo.idal Jo Itpne 'aptieu!tile.xe ,o; 'ivatuaarov sq l ;o eouetux);.:eci pue (uolleadeJci pig) uthirs;nboe au) 6uipteb,a1 eoueptita Jatqo pue 'sieue)etu 'splooal au) soup) opouoscaJ lye le aowo c Dic4cprne amew fleys pArilnsucrj atJ.L. (3) sp.;opeJ pue sluawlxiop peso;e eta JO4 gotielueuinoop Butlioddns pue SOJOs'aGJ etiu0SJOCI pue tiojAed pattleoeJ spueolnip JO 'seiegai 'speapoid apueinsul 'slunpow aumioA ;o .pe13 'useo eAloAu! goigAt sp,opal pue sluetunpop ;le vsquatunDop ebuego-loeq 'swatunoop peiluoo pue (lesocio,diplq) 'qualm-poop uot;Pruisuoo 'sluawnoop lesoueut; 'suolpruisul 'epue;ouiatu 'aouepuodsaJJoo pi-ipefold e 'slaqacins pue sJoiPelitgraqns leisseons uitivt pue Luo;; slueuieabe pue siesodoJd 's-leaus)pom 'saiq aieturise JapJo athJegp 'sap; aieuJiise /13U16170 04 DeptUillou;nq '6utpripuoe.quoo epueLgJaped o uteiJeo 'I:tauteni alos sjeJaueo Joloadsui egiui golum lo.quop Jo Apoisnp 'uolssessod s3uensgoo cog) SoJOOQJ pue sweumpop tie Adoo pue ipedsu! lubu eui erteg ;legs !eJaueo Jopadsu! eui (a) uoildnilop pue prie.!;palap o; pue sluewnpop peAtJoo &i.14 got apuelldwpo ainsua 04 wow° palaela pue gels Alio 'sislAqqo! 'seeAoidtua pue slue6e 'sJeptgo luegnsuo egi Jo seiptoioe 's!eqlutons Cescxiatclfp;q) 'suoi;eayoads ptq 'uthsap paroid 04 portuti lou inq bulpnput ssepoid ;uawairtooxi put aoueuuo;led 'se.41"013e SuotieJado maiAai pue pectsy 'easJeno 'JOiluOLIJ 'elethisanui 'ppme 04 Jo4zo eleAud itiavuedepu! Jo saototJes egi Litelei 04 palamocitua st ieJeueD Joloodsul eta 6u!Adoo pue uolpadsut Jo; leisuao lopadsui aqi 04 alqeperte slueuinpop pue spioaal paisenba; uee)ietu liegs lue)instlop 'iue4nsuo0 i oi aolipu uailum sAep (00 u uodfl (0) leJeueo JO4Su 40api.go ay; to suotlelado pue sepAgoe au; pun) 01 seinpuathe loequoo lenuue ;mien° sit Jo a6e)ua3.ted e 5uqePolle sAl0 aul 'ai>00 egi;0 8LC-Z uopes 0;luensJnd uoi;drwoo pue PflEiJ 3O4 04 pue swetunoop ;oe_woo au; gitm eauelldwoo oinsue 04 sletolgo palpate pue gels Alto 'sistAqqo! 'saaAoldwe pue sluate 'sJaPtgo 'luegnsupo au) o satiolpe 'sieuttuqns (iesodoxiiplq) 'suoqeollioeds ptq 'uthsep paroid 04 paptull lou 4nq 6u!pnloul ssapoJci luatueinpoxl pue aouetwopad 'satitAqpe `suorieJecio mama, pue ;PadSul 'eeS.JOAO 'JOIRJOUJ 'alethIsetw! o; Jallod o eq !legs texiluao lopedsui ettk 'me; eigeoildde pue sioatunoop pequop au) 44W aouetwo)uop (F) The provisions in this section shall apply to tee 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 SUBCONSULTIt4G Consultant shall riot 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(30) 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 d7scrimination 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, mantel 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 adriere to and be governed by all applicable Miami-Daee. 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 Congress of the United Stales 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 taw under Chapter 119, Florida Statutes, as may be amended from time to time. (B) The term 'public, recordsshall nave the meaning set forth in Section 119.011(12), which means ail 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 taw 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 riot 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 disctosure 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 comp:etion 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 shalt 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 cif public records, in a format that is compatible with the information technology systems of the city. (D) REQUEST FOR RECORDS; NONCOMPLJANCE. (1) A request to inspect or copy public records ret ting 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 Acreement; and/or(3)avail itself of arty available remedies at law or in equity. 13'! 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 attorneysfees,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 tc the Consultant. (2) A notice complies with subparagraph (1Xb) 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, Tn th VUIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADOMIAMIBEACHFL.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 (8) If the City or Consultants performance of its contractual obligations is prevented or delayed by an event believed by TO be Force Majeure, such party she immediately, upon teaming 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 she 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 she 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. iD Obligations pursuant to the Agreement that arose before the occurrence of a Force Majeure event, causing the suspension of performance, shall riot 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, if Vie 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. 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 13 subconsultant performing work or providing services pursuant to the Agreement to likewise utilize the U,S, Department of Homeland Security's&Verify system to verify the employment eligibility of all new employees hired by the subconsultant during the contract Term. If Consultant enters nto 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. (8) 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. A), but the Consultant otherwise complied with such subsection, the City will promptly notsfy 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 (BX1) 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 tile an action with the Circuit or County Court to challenge a termination under the foregoing Subsection(M(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(BX1), 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 109. SECTION 11 NOTICES Until changed by notice, in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: Torn Bercu Presents, Inc. P.O. Box 19139 Miami Beach, FL 33139 Attn: Dave Cook davegtombercupresents corn TO CITY: City Manager's Office City of Miami Beach 1700 Convention Center Drive, (Iltr' Floor Miami Beach, FL 33139 Attn: Raul Aguila, Interim City Manager raulaquila(drniamibeachft(Joy 14 WITH A COPY TO: Heather Shaw, Assistant Director Tourism &Culture Department 1755 Meriden Avenue,Suite#500 Miami Beach, FL 33139 heatnershaWaffItan-4Tachfi 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. 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 15 IN WITNESS WHEREOF,the parties tici.eto have caused this Agreement to be executed by their appropnate officzis as at the date tyrs!entered above. FOR CITY- CITY OF MIAMI BEACH, FLORIDA ATTEST: By: ,.. City Cie MAYOR 03/04/21 Date MAR -3..2Da_ Dater N?„ ,. . .\ FOR CQNSVLTANT: 5 1 „ewe-love, % TOM BERCL1 PRESENTS.INC. INCORPORATED! = ArTEST S. .. , .... 01 ,..,- By: '—'771•6 AA Es't"--64.../ Print Name and Tate Print Name an:ITitle * , Date: Date. ''' t i 1-1 /14 • raf,,.. AS TO .CUTION aidge ......, 18 i _ _ EXHIBIT A SAMPLE CONSULTANT SERVICE ORDER ("CSO") Service Order No. for services described herein TO: TOM BERCU PRESENTS PROJECT NAME: DATE: Pursuant to the agreement between the City of Miami Beach and Consultant for Cultural Programming and Event Producers (RFQ 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. 17 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 Ideko 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 Jill/ 2020. 112-Zil------__ Dan Gelber, Mayor ATTE Ak.sc, 2/?sn--� APPROVED AS TO Rafa I E. Granado, City Clerk 8 .,, FORM&LANGUAGE `P 'k',, &FOR EXECUTION =' f.: -� . IRCORPhOf',,.iLL `,r; CT', � 7 (t3 Zo .,,,,:,L.:',:=---4c City Attorney n AI° Date F:\PURC\Solicitations\2020\2020-057-ND RFQ Cultural Programming and Event Producers\10-Commission Award Documents\RFQ-2020-057-ND-Resolution FINAL.doc 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 firms)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 Page 360 of 2461 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 Citys 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._ 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 Page 361 of 2461 public sectors. I deko 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 governments. 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$100,000 will be subject to prior City Commission approval. For the reasons stated herein, I recommend that the Mayor and City Commission approve the resolution authorizing the Administration to establish a pool of pre-qualified consultants for specific tasks relating to cultural programming and event producing services; in order to assure that the City's needs for cultural programming and event producing services is available from firms qualified to perform the work; authorizing the Administration to enter into negotiations with Tom Bercu Presents, Inc., as the first ranked proposer, and Ideko Productions LLC, and SWARM, Inc.,as the tied second ranked proposers; and further authorizing the Mayor and City Clerk to execute agreements with each of the foregoing proposers upon conclusion of successful negotiations by the Administration. Applicable Area Citywide Is this a"Residents Right Coes this item utilize G.O. to Know" item. pursuant to Bond Funds? Page 362 of 2461 City Code Section 2-14? Yes No Legislative Tracking Tourism and Culture/Procurement ATTACHMENTS: Description ❑ Attachment A o Resolution Page 363 of 2461 1.9t7JO 179C abed • • • . 0 0 .......,,......„, a 0 a se•14•VMS O 0 0 se lureeeso,.0.00•0 — 0 • 0 011...II-TP.4.401 town el•Pd...Mil SA•Ise•A aseuelas, mouldy •00.1110•000•01/0 leti 0•11110.001510100 •". •:.-::.'::..::',:k•e4".:'''.".‘.....174.1 '''''''''4•21t2Y.PSIMEUWV. 1•••Ir:-.2"..1.'"...-:r'• •!'..!....,''...•'•.,`!I''.N:10,-.!'.:.;"...••• 09 l Eat 9 B6 1. 06 9 SCI 1, 66 . 9 . 69 'ou1'cuosaid nmag woi • —• ••—•-• - Z 6 L. 1 — 29 - —0•-- 99 E 06 0 06 E L9 0 19 9 06–- 9 06 '01. 1•$MS 4 91. I* 09 0 OS 4 1.9 0 L9 4 91 0 9L b 01 0 OL •oul'aupevevi ctuippid 9 6 E 99 0 99 Z 86 0 96 ----- 06 0 06 E 49 0 89 oil sumnpoid(mem , LYRIC II04VIVIulln0 WIR5ITEn0 tglialclitli wl9uon0 imaiwne IMMO •A9$4411,10 mil:MEM WWI we198ulln0 9.14•111en0 1 glnol r 1 if smiongud iuma I gigasjoin6bv j f Aps mulls g' PIPPIII 11111•43 Imam&tool mounsitoemWo pus Oultmullohj purnino I , io e ONISOIROL WE - _ • ATTACHMENT B ADDENDUM AND RFQ SOLICITATION MI M I BEC HProcurement Department 1 /'-� I , 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@miamibeachfl.gov Contact: Telephone: 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. Sin el , Ale)Denis Proc}ure .- Director RFQ No.2020-057-ND Addendum#2 1/31/2020 MI (�I [� Ei\ Procurement Department/\/\/\ 1755 Meridian Ave, 3rd Floor, 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. 01: 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 MIAMIBEACH Procurement Department 1755 Meridian Ave, 3rd 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 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. Si e'-1 Al x De s P ocurl ent Director RFQ No.2020-057-ND Addendum#1 1/28/2020 M I AM I B E AC HProcurement Department 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfi.gov EXHIBIT A Pre-Proposal Sign-in Sheet RFQ No.2.02.0-057-ND Addendum#1 1/28/2020 MIAMIBEACH 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 nioNE# Signature (PLEASE PRINT) E-MAIL ADDRESS Natalia Delgado Procurement- CMB 305-673-7000 nataliadelgado@miamibeachfl.gov Ext. 26263 (f) )'3 C., • ifAc) 41411 . V4M‘1( b in 2 tfk kIVC•0/1-) 1 --- e\(05-1) -7:\LIkN 1)*Ilc )1•Ay"),\CS tXr rfti-Ay ir't R4 ,,,,,s6-2 c \ I co651- 1'4'42; k '- 90/1,4 3nc,,1/4 , 2 1 ?)-0GG9 / 11/ Si•OCi&W) 1 r\k, '1 liviv i/A., 1 AJ ?\5 4..L.,:k- , ; .1\ .., AN-eic;771 t'W.---k \,) 1 - , .2.1 66-'"))4 `t4<k*-5'° ' - --) '- L.. s‘_. (-- R41-;(3_4 cc-PficAx.,TIC:,,k)S(r11400'-A if-re/V i, AgiA ->341. 0 30.5)713'-oSe : r.C.) IA 01MC: Co1/4\It' tAl CtON't 1\1-et ) \_)-0 .\€.STAC,CA Vctsth jra ju CIM p--hoLQJ 1 Le1,-p- , ....) 1 POI 1 I 1 1 [ 1 _J 1 M I AM I BEACHProcurement Department 1755 Meridian Ave, 3r0 Floor, Miami Beach, Florida 33139 www.miamibeachfi.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 Responded Supplier Main Contact Email City State 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.corn Seattle WA PM EST Jan 17,2020 8:54:02 PM EST No Jan 23,2020 4:34:11 All About Events&Meetings,Ilc 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.com 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 2.4,2019 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 4.202010:48:20 Inc. freezframenyc@yahoo.com MIAMI FL AM EST Jan 4,2020 10:48:20 AM EST No Gabrielle Charles&Co.PR Agency info@gabriellecharles.com MIAMI FL Dec 28,2019 1:20:05 Dec 28,2019 1:20:05 AM EST No AM EST Dec 31,2019 2:02:39 Genesis Preferred Solutions info@genesispreferred.com ARLINGTON D( PM EST Dec 31,2019 2:02:39 PM EST No Great staff pro marcoford@gmail.com Miami FL Jan 27,202011;43:15 Jan 27,2020 11:43:15 PM EST No PM EST GreMark Consultancy,Inc. gregormark70@yahoo.com Dec 26,2019 12:50:03 y g g @yahoo.com Willimantic CT AM EST Dec 26,2019 12:50:03 AM EST No Hat's Off Party and Event Planners esther@hatsoffpartyandevents.com Miami FL Jan 16,202012:20:54 Jan 16,2020 12:20:54 PM EST No PM EST Jan 7,202011:37:13 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 ITSoI.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 7:29:23 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 30,201910:09:47 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@mail,thebluebook.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 starexsmith1@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. 2019 11:30:02 info@stephaniecreates.com Miami FL Dec 26, 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 NA I AAA B E AC H 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 "i,t I .M! BEACH t 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 1AIANA!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•ad0• miamibeachfl.•ov dditionally, the City Clerk is to be co•ied 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. MIAMI BEAC' 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 rafaelgranado(a miamibeachfl.gov 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. " IAM 1 BEACH 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 MIAMI 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 recipients 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.qov/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 2406 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. A/ IAMI 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 Proposers 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 Proposers history of citations and/or violations of environmental origin. In accordance with the City's Human Rights Ordinance, codified in regulations in investigating a Proposers 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 VlIAMIBEACH 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 Proposer's 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. MODIFICATION/WITHDRAWALS 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 \, .l: M'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. r>..IAM- .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; m I A t\ i B E AC H 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 jr.‘ A- A i ! k., .„ ,,,,, 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: . 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 anpublic 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:i;`www.miamibeachfl.gov,'city-hall!procurementfprocurement-related-ordinance-and-procedures; 7. Living Wage. Pursuant to Section 2 408 of the City of Miami Beach Code, as same may be amended from time to time, covered employees shall be paid the required living wage rates listed below: 1. Effective January 1, 2018, covered employees must be paid a living wage rate of no le-s than$11.62 per hour with health - - 2. Effective January 1, 2019, cover e . - .. . . e .e . .- •. - •.• _ . ! . •.. • • •-. • of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may also, by same(in a particular year). its sole option, immediately deem said Proposer as non responsive, and may further subject Proposer to additional penalties and at http:llwww.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). - ._ . .. . • ... - .. - . •- .. •... - .e . •. - . 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://www.miamibeachfl.govlcity-hall!procurement/procurement-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 in roposal disqualification. YES 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 An ' 1‘. - ‘. ) 4 " No Bid " Form 2020-057-ND CULTURAL PROGRAMMING AND EVENT PRODUCERS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 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, 3rd FLOOR MIAMI BEACH, FL 33139 ATTACHMENT C SUNBIZ & PROPOSAL RESPONSE TO RFQ Business Search - Business Entities - Business Programs California Secretary of State Page 1 of 2 Alex Padilla California Secretary of State Business Search - Entity Detail The California Business Search is updated daily and reflects work processed through Tuesday. February 11, 2020. Please refer to document Processing Times for the received dates of filings currently being processed. The data provided is not a complete or certified record of an entity. Not all images are available online. C3010003 TOM BERCU PRESENTS, INC. Registration Date: 07/24/2007 Jurisdiction: CALIFORNIA Entity Type: DOMESTIC STOCK Status: ACTIVE Agent for Service of Process: TOM BERCU 8033 SUNSET BLVD., STE.412 LOS ANGELES CA 90046 Entity Address: 8033 SUNSET BLVD., STE. 412 LOS ANGELES CA 90046 Entity Mailing Address: 8033 SUNSET BLVD., STE.412 LOS ANGELES CA 90046 A Statement of Information is due EVERY year beginning five months before and through the end of July. Document Type it File Date IF PDF SI-NO CHANGE 09/16/2019 SI-COMPLETE 05/11/2011 REGISTRATION 07/24/2007 Indicates the information is not contained in the California Secretary of State's database. • If the status of the corporation is"Surrender,"the agent for service of process is automatically revoked. Please refer to California Corporations Code section 2114 for information relating to service upon corporations that have surrendered. • For information on checking or reserving a name, refer to Name Availability. • If the image is not available online, for information on ordering a copy refer to Information Requests. • For information on ordering certificates, status reports, certified copies of documents and copies of documents not currently available in the Business Search or to request a more extensive search for records, refer to Information Requests. • For help with searching an entity name, refer to Search Tips. • For descriptions of the various fields and status types, refer to Frequently Asked Questions. Business Search - Business Entities - Business Programs I California Secretary of State Page 2 of 2 Modify Search New Search Back to Search Results httnc•//hncinaccctarrh cnc ra anv/CRQ/Tlptai1 '/1')/7117(1 -TS,'.m. • pa - `, T 0 M B E R C U e, � s. ` E R E S E N T S resn LOS Arc teS psmM ns • rd 7 services W trit.: -., ,i ;I ,,'‘ -At ,• ''- ':7-1':1°.:: '.':V ' ' ''. k ., '„:',-„ ogio„ a ''' '* ,- ' '''' '''':',:" , 'I' ' 7 . ' '* ''' '''''''' ''''' ' s i. 1 ur*fiall' r' - ' .. ' ':-*/1, #44 , 1 . _. . . ms ,.... ...,,.„..,. .„,,.,.....,,,,,,"''''''-,4 . ,•,,-t * 1 4 ,k'ree.' )S, ' ' 4011114, ''' ,04.. •' 1 .' :t.. , .4 '- -' ' N & EiiiProducers , ....-- .... „,,,,,F., . . .....„..._ - :. ..... .... . . ,,,,,,,,,,,,,, ..,,.. -.'.' iso . HELD :t From elite groups of 5¢ �rge- ate -° , pro ons for 154,000 w-i a Iiv creative, dost of fptia.e,and ur p ose drivers events as p p cross the Globe.When you work with TBP, i you add an award-- inning of creative . _ , ... 1= event p -�, .4: • .ar-'b :ably �. '�` . f41ti NJ v design, e,aiid"deliver yot event E_ with a high level of expertise.We are A. _ � � � f v confident that a TBP crafted experience will .,, w produce advocates and enthusiastic ' ,,, , , ‘1,,,,,,,,., .. ` °• - -it customers for your cause or brand.° *4„ . ° �i lir ` .�t • ° , � i 'fir it,.,,,,;,,„, ` w 's#t ,4. _ "J .�. eF. ° . . Our core values of customer service, trust, 74,'I� ° . . k and respect drive our common goal:to . � . ,' - a h, make your event successful. P Your satisfaction is OUR definition of ° success. . 1:' : z ass. � .. . . T 0 M O E R C U <.' . P R E 5 E N T S WHY , ' s�, , ,,,,..:‘,„:,,, .,..., ,..... -,,,,,,,,,,„,„ , ...,,,, . , , , , . , �..�« m ? , < , , . S u :,,,:t.,4';',:',i , 'ti,,, 3,14 :- ,L,'.1 ii ,- 11:,?..,:i 1.,„,:i.11, ,:, ,,,ii, , ,,,,,iii ,,,,, ic:,, , ii,-, .. ,. ,,„,,,,-; 0.'1, il ;,, ,' ..1-.4pr 1, I , 0 i, c ' Our heart is to focus on our clients, and ; �'s�a ,«r ti 'I' give them the personal attention they i ` , ` .. . *' 1 deserve. Providing our clients with „ � • �� , • v ��i ' , ` �...." - ^s ♦ i i it .� � s� excellent customer service is paramount to tl � q r. our success. From there,we follow through ` 1 .1 • i e , by applying our core values of trust and � � �ii '� .., ;•„;:.-• .— respect. It is these integrity driven business = m ' gyp{ I.-. �' that sha e our. com an and the e=. „1. principles p P y a� ..,� � �.n �s � � way that we do business.These values are � ,l'Ar �' � '` � underscored by our ability and follow I - cam ; -- � '+� `"' ' • through to deliver a quality and value driven live experience that accomplished your goals. of iv igli 1 ., r www.tombercupresents.com ti i c c .+Li; ° 1) u E > c a- a lot CCI Q 4 4 4 4 4 4 4 4 4 :4 I' 4 4 4 4 4 4 4 #*. 0 TAB 1:Cover Letter&Minimum Qualifications Pg. 4 1.1 Table of Contents Pg. 5 1.2 Proposal Certification Form Pg. 6 1.3 Questionnaire&Requirements Affidavit Pg. 7 1.4 Minimum Experience Requirements Pg. 8-16 1.5 Miami Beach Based Preference Pg. 17 Tab 2: Project Team Qualifications Pg. 18 1■1 TABLE v F 2.1 Organizational Chart Pg. 19-20 2.2 Relevant Experience of Prime Proposer Pg. 21-27 2.3 Relevant Experience of Sub Contractors Pg. 28-33 ¢ Tab 3: Approach&Methodology Pg. 34 ,,,,,4,.-, em/Th \ T E\ Ts v 1. Management Structure Pg. 36 2. Marketing Plans Pg. 37 3. Event Planning Pg. 38-40 €4.€€:€€€,,, `€- 4. Videos or Photos Pg. 41 rk ✓': 5. Recruitment&Coordination of Talent. Partners&Vendors Pg. 42 6. Coordination and Implementation of Production Requirements Pg. 43-51 Additional Requested Information Pg. 52-56 , • • • • • • • • • • 1.2 PROPOSAL Please see following insert :ERTF :AT : \ FRU' Please see printed insert. 1.3 QUESTIONNAIRE RO 3-VIE QTS AFE :AV T • • • •• Please see the following case studies • • • • • with requested information for this section. 1A MINIMUM EX3ERE\:E RE' IRE' 8 T 0 M B E R C U P R E S E N T S VMWAR . INNIIIIII 4 _- os pita I ity _vent V San Francisco.2011 -2016.15,000 guests. Imagine Dragons.Summer Carnival Celebration. Event Producer Reference: Laurie Sharp. 415186.1141, Laurie@Shaprexp.com SVVER :ELE3RAT :\ , , ,.3 +MMI „: '� a� '�` �-^° �p.= Sao , At AT&T Park,we designed and produced an "Endless _ ' �' 1�P t Summer Carnival" for 15,000 attendees. Imagine �� 1 . . Dragons and Train took turns on stage,while a stunning "' 04,o fireworks display capped the 10th Anniversary • � - Celebration. Over 35 Midway games, 90 Arcade games, 4. and 4 Carnival rides kept the crowd entertained while a �� r '� 400 TBP Staff worked behind the scenes to create an �. " ` evening that catapulted VMware to the top of the ranks < � � ; for"best tech customer event." 4? ' { *,4„...'.":,,,,.,..7, /� l ._ D fF � \,,,,, ya AY ' i - - -,--: . ' �t` us :, ,: , 46:,,,...., 7. ' - . ..). . .„,..„..„,..,,„,.,-. .. 1,S "s, ,°-°,° .,. .: Lt::' a Is �:� "*. . , ">C4t."'''04 'i& :.41.'''''':''''''''''''''::':1: ' °': .ter 1 -7,4—' . ,- f` '� + 4 _ ey1- -" *, r t , c e° q ; ° ..,*$' a 10 LL c ,„.,:,,,,,,,,,„:;„,Ti.-.77,111t;-::;-;:i-,,,,,,L,,,,,.:.,1f.,,,...-,!-: a ', 4 t* '''''''' '‘'''.'-',fr::-i,;;;;is''';',..;',/,k„.",,.,,.. .= r L ' '1,---t#* 1.. #, ,; '3 A . A ,i- ' -7,7---.,-., ,,,, r;--t-s.1 ' - -,-c.. i „s>a_ z 3,- t.--Att,,t4 ' '':';,k . iz t. � '-''-'-',";.';',:',1:417;411, � w k y 5[ - Ay �+' W��~ x $fig �f 4f�xss. Alk ffi ff "- - — -,r; i „,,,,,r,,b.,:tto,,,,_ :m t i, ,,,,,,,,a-,,, a,,, 4,1 11 a ti, ,'X"' '''' ' F 3 i ' ' f",:-...,,,y, ,�* ,1 , }', 3 rW afi z'4 �P ''"4,4:+. � .. i. 4 x.r ' {t: i‘,4 ^+w,e r ::::;., ,'4":0.4,°; ',L,,, -, i `" # sy a ..< x at ice :`` ,. * ' s '",,,, 0-', '',. - ' It 4" , '41, Es -she\P, gin, v.... .�‘} y e rY i, 0,-1,-;,,,felly ;;� d 1. ,„,,,...,,t,,,,,,..:-,- ,L ` ig 5 fib .,,,, '�`i , / ,,, rrm' W \ TES F NASI\ J : , �` i r v� The National LG BT Task Force is the host '�� '�� at�� "�?' � •�,� �� ' £ / � 2�� \- �� \,� organization for Winter Party Festival a collection of < 4 > .1,_ 1` ,•�1y -.'ee' t [ E - — twenty events over five days in Miami Beach, FL. ' � :� i ��I' �� '. Events range from Art Exhibits, to Cocktail -�" ' ' �' ' )lh, li,,. ,, .,iL +� � '� Receptions, to Club Events, to the main events - a " "', „!l., , 7�" r, Saturday afternoon Pool Party for 2000, followed bye (rj� f= r k,,,11.0,) }; ITZ a Sunday afternoon Beach Party for 6000. An , ---,.-:-'--,--1. c r:,_t± Ii estimated 10,000 International Attendees come to � �.- ,�' a . - '' _� Miami Beach each year to partake of the various parts of the Festival. To date, the Festival has raised « ' Ems : more than $2.6 million for Miami / Dade LG BT , - '\,. community. . ' ., _ Pvi` C `� a�� ,„ •p : i of,: tzg. �'Q a`�- _ ® • 4 ' l + ' s•`- o,. `. s. rix s1j`, ,'N4iit f' ••• i\ e n- �i ar 0 4L 0 el.") /Mk 11.1111111.1111111 111111111111 V IL) S 1111111111011M 0 S oitallty - vent Las Vegas, NV 2018 30,000 attendees. Bruno Mars Concert Event Producer Reference: Alyse Courtines, 917 774 0 070, Alyse Courtines@opusteam com ___. UI \J _1u FT IPSPRE TBP corporate event planners. TBP was the Executive , A �. \ Producer for Microsoft's Celebration Event for 30,0000. Via, re. � ' .t . attendees at the Las Vegas Motor Speedway. Artistic �; ' �� ,� � ' i murals, photo ops, Body Painting, Interactive Muralists, �� 1 F. ° °• �• 0 and a live performance by Bruno Mars gave guests - : :; �' _ ��° � 4 41 te... k w to t}o r '.. "aii rw Mk,cs1.,° « a*,oelutn 7# . ' A _. i, ;'1'.44‘t, a. l d . I , i. t. �w y�y.y ''''"C.- _ yam' +�x ^YVp+ . d ;f. .M , 1 .. .. 4 t'>•4l fY+ �Yk SYl�'�.an� - .-x"!1 ,-'.`4 t• J�" ,` f A. \,�•..c./'.e' r'" `t. <NrIA;�'eA'."t ♦ R ,- --- ^`w�`.,,off' i 'i , '" .1 1 �,_„-. '^""�" it • 7 •t y•F4�! f f-it 'R... b r'. J ,.._� ` r re;, ,-tee« ' R� '�I • r �.. 111. II..1,-"i ( lw % % 4 y l r M B - E - 6t T 0 DRa...i '- - ,..," .< ICE tt If . ,,:D �' " ,.. - est i v 1 Miami Beach 2016-2019 170,000 attendees 100 parade contingencies.35 floats and 4.000 parade participants. Executive Director Reference: Bruce Horwich, Pride Chairman,305.345.3535, bruce.horwich©miamibeachpride.cam L V \ � RD.� � r m .mss °fit:: 1 9t3 ,4:,,,,,,-.3 Miami Beach Pride is a week longcelebration with special events i ,1 i social mixers,dance events,a VIP Gala,an incredible 2 day festival ,�. f . - ' , � and Parade. Since its inception in 2009,Miami Beach Pride has ',x 3 -` � (� '`�� '.�; � grown from a neighborhood event to an event on the global stage � ��` ?-1� ' with A list celebrities.An estimated 15,000 turned out ,, l� 'k `� • •' 4,,',' ,D ,i ,',1,,,,i1.-:!1:0,-::::‘,, � „ v./ ^r�pai ,\�I for the first Pride parade in 2009; an estimated spectators 0 attended r� r� ' r: �' } the event in 2019. In addition to Parade spectators,last ApriPs � •; �., '7;.,,,,,.:;;;,,,,,,;:;.:„,„„:, � � � - •`� � ' �i � f � p � � � ��' "� •�� :� event included more than 100 parade contingencies,35 floats and l ° ��» ) � ' 1 rte" �. . r 4,000 parade participants. ? � - tovideo co n€.F a Fite �e 4 , , :. i i -,/ , ., ,,,i,,,, , -42,‘,..1),, 0 ,„ , ,,,,,t, ,, ,, \ i . /...... ) ', ii., lit ' '.,,,,. )\k„, ',--t 4 .:.if,',„„,, (.,.:1 „, ,, .,; •,' '.:,;;;,:',„:, :,',-----,-.0,- ' Iiii: c .tea '''::A2.21(' ''':il.'r''''il:!.'!.:1*.;:':"i',;', 11.:41,,„'!;51';':;.:;;:j;:"., !'-c4::::::',!'il;*.!:°0;:i.! d • '' ..i ! t ,� Sys{. � ;� .A' �: r'''..'—' ' 41,,, , X� .� s , • s'� at i .a': .,,„.v.,..,,,,„ :, _, . . 4 - , ,,,,-, "w Aa A { ^o •,?,,..'," . ,. - : , . , , - ,;,,,,,,...,-,., . .i.„..:, ,,,,,,,,,,,,,,, ''''. ;.' .; er. ..---i . . .41, , - .,/,ft, ,.,,:. .,414,--1,Iiets;t1,..,0110::441, 1,... iz,/,::,,,‘ ...4 ,i .., , :‘,..*„..;.,,r, ,„.„, ,....,:tr,....., . .. .., ,., , .. . - , -.. - - ,.. ,, ,:... .,, 7 -_, , ....,.. : .14,,,,,.., _,fivt44,,,,,..„.„.,. ...,., ,„ 1 „,ii . .....: t.,„ .., , .,.., 4., t '`' 4 ,:.;.!,,,,..,„,i.,,,-.,.,tr iii''''1*.' Dave Cook r . R • Tom Bercu Presents r R • R R R • R . R P.O. Box 191839 1.5 MIAMI BEACH SASE: Miami Beach, FL 33139 PREFHE \:E . . . ... Project Team Qualifications Tom Bercu Dave Cook Executive Producer Account Director Project Lead • • • • f • • • • Greg Christy • • • Controller Technical Director Project Manager • • • Irma TBD —JI Hardjakusumah IT Department Project Manager Designer { _.] Jennifer McGarigle TBD Floral Designer Production Assistant Peter Berliner TBD D 2.1 ORG CHART VIS,...., AL Production Entertainment Dir. PdAsiutio Ruth Moyte H Creative Writer it ,,,,.:. , ,, „ ...,;,;...... ,..7._. 1 ) 2.11 ORG CHART , , , ,, ,.../., ROLES&RESPONSIBILITIES Executive Management: Tom Bercu is our pp ; Executive Producer,and in his role,he oversees ,'A� i ' d�,: i il.-, 2..101 : � „ , all aspects of each project that TPB takes on. " . '• °. , i Account Director: Dave Cook is our Account : 3T « •„ r F ° fig" tom} . Director on this project.As part of his role,he w' + i, i ." " "6 " ' - * will oversee compliance on the project to ensure ' ' g fes ; ' that all terms within the scope of the RFP are ; � �� '`�.'�"` met. ' ".� "`f ►,� ,, �; ��.4 . /,3 4, L„� i Project Management: Our Sr.Project Lead will '� � � t. oversee the day-to-day operations of the project along with our Project Manager. They will be _ ,, f " " t lad t assisted by two Associate Producers and an onsite f ;_ team that will expand or shrink as required during ",, , �. . �,'' ' , the delivery and execution of the project.Local onsite staff will be utilized to adequately oversee and manage the project. We are able to scale up 4 lir I ,,�) or down as dictated by the size of the event. A ""+ r . Specialty Staff: Specialty staff such as designers, -* 00 writers,entertainment,and technical directors ' " ''' will be integrated into the project as needed. ,. t You can read about our Departmental leads in ,`• the bio section of this response.. wry q�-. ..4,4'''' N . , Y Yx ' Miami Beach Pride ;r ,.0 f Microsoft — Winter Party Festival ..... .,.. .. , , , . „.,.. , ., aii, And here ' s a few more ... A$ k NR . r- n 0 0 7............ t t 0 I S I cutr cp N c2 c j (—I ) :: ..ai . tIl 3 LT) Fi 3 U, o m rt zrI irJ 0- -S r m ta 0 D: :211* ','. o iri (I) =3 c ..l 0 a: 74: D D:::) m ro ('_t • A 3 o .........4‹r r+ o' z L....,) . , .:. „,,... ,D rt ..,0 CD O CLc n CD Ininimmineminninol III minsmol)U < 1 i :s ,Qµ, -,,----.117,„..,,E :1:0,1-'4,,.. ,, - it- , t- , k---- .----„.,,,, ,.,:„,„,,,...,,,„„,- .•,,,,, ?s - - LE,: VEETS HARRYl„ , . '. MI -. -:',?`' '',":,44, '' E** E't c ,.. ,.:„..„,, ,,„„ ;. ., ......,.... : , .*"*S.;.0,* — ,'' 144 -- , 4.1 ,, .,..,.,, ,,,_ — r . .1.§..,., .,,.......‘, ,,,,,., ,,,,,, ,„;467 ,,,1f _ ,. . ,,,„4., a. 0 ,. .: , „ _ ,..,_.Executive producer for Brandinglron Worldwide and4sh t �.� ° � r ”` their client, Warner Bros Consumer Products (in partnership with Lego) for a one-day Lego Harry Potter promotion at the Americana At Brand.5000 guests. ii $ Multiple areas were constructed to cover all aspects of r��' ` the Lego and Harry Potter assets: The Main Stage, the `" M �x 3 ' Monochromatic Lego Build Area, the Warner Bros Theater, Harry Potter Gaming Tents, and the Publishing �` area. _.-...e.- .a _ • '. r I EA,. ip , 0.\:: . - ' ''' . y° 'lp S2 , 1 i, . f,.. t " � . '' i, iaY"+fir �l ..wr*" +t �11 i 1� a a, i '1 i til i - $ its f �� :-.1%,,', $'7c ,}` ' : 411�1A g l ti j 4 ply} '''4 { .. ,,�.,..�^ aA ,1 ,,„.2-Ji ,w` „" ` tazo '"' .,...,:;.. --..__ a'a "r!' r '" 3 °' ! fi. c ,.,,, , littlViiig *n11,,,, it E }. t, l 4,),. ,-,‘ T 0 M B E R C U P R E S EqN I S Y F.N F A N C t S C 0 M I A AQ M A O B A N C @ l Q t't'''Y } CYf .4; 't .PS. §t,: V.,, "s It,:It' )1 l t .°') r.'''''':i'l,', ' ,...,/ 0 ., , , . , i Ilk \ \ T ...... \ Consumer _vent � ‘N, ‘-'`,. ' - :0 1, _ .. E tAl Universal Studios,CityWalk, Los Angeles,California 20{37 Public Event with thousands of attendees Client Contact N/A. . e... A WHOLE \EW W3RL� , , ,, .. Open to the public, the launch of the much anticipated ,�i ,ei ° Nintendo DSi captivated consumers and media alike. At the center of the plaza was a 26'diameter r�q� , i , , ' ' , :V,;` sphere resting 22' in the air and acting as a 360 degree . b projection surface for i-mag,viewing media content, w •• ; .'�/4. 4 ' ,, commercials, and marketing graphics. The event 1 IIS , ) _ �1 ,, culminated in a choreographed "midnight moment" ` ,. , ' and fireworks display when the product was officially z- released to the public. ill t al $iN Ar to,,,,,, .'" 1; fi it,le' ', ' -''.11\., ''' i 4 A 9,4 - -. , ,:„. . . 40)) it, 0,,,,,,, ,! rte'' . -r/ St`s � R' 0 M B E R G U ' Favorite If I was going to compete in Dwarf RuPaul`s drag race,I would be... "HAPPY" "J'AvA\CA TE\1 \" r ce From a young age,Tom hada passion for entertaining. For his 16th w birthday, he created a "Blizzard" Party in his parents' basement Q §;, utilizing six high powered fans and 280 cubic gallons of packing 2 Styrofoam. (It seemed like a good idea at the time).Throughout z high school,when his parents would travel, he threw huge parties ct at his house (that also seemed like a good idea at the time). cr It was not until moving to California after college that Tom had an .'!..4,f epiphany about the business synergy behind parties and events. nr With a degree in International Business Management from ,, . ,V n Georgetown University,Tom combined his passion for business TOM '.11....,,''',4;:: 't\1 and marketing with his love for entertaining and created Tom B E R C U 'tiii4:4,1,1;;- �•� �`� Bercu Presents. ' , Whether it be a Fortune 500 client or a local non-profit,Tom's 0..principal&creative directorc�`,�, !�� attention to detail,eye for branding,and talent for creating unique �_ � F experiences are benchmarks of how Tom creates award-winning /hi events for his clients. ;,..*.k144,74"...4,;!:,- \ , ,, 5 f 1 .. . 1 I ____.__.............__................. www.tombercupresents.com 26 T 0 M B E R C U Favorite If I was going to compete in Dwarf RuPaul's drag race,I would be... -ADDY.. S- OAR• 4 q: W Since 2016, Dave Cook has been the Executive Director of Miami Beach Pride. Under his direction, Miami Beach Pride had grown O into a world-class international event that attracts over 170,000 thousand visitors to Miami Beach. In addition, Dave has been W incredibly successful in garnering cooperate, individual,grant x and phototropic support expanding the budget to over 1,200,000. Prior to joining Miami Beach Pride in 2016, Dave was the Development Coordinator for the National LGBTQ Task Force •;' based in Miami Beach where he was responsible for the Winter Party Festival and the Miami Recognition Dinner. He also has DAVE � worked on the Miami Dade Gay and Lesbian Chamber of COOK Commerce annual gala and the Pink Flamingo awards and many account director others. Dave was honored by the Task Force twice for his local and national volunteer work that has spanned over 20 years. Dave was also honored by the Miami Marlins for his community work. www.tombercupresents.com 27 2•3 RELEVANT EXP . Following are two examples of Miami-based vendors that we have used for local Miami Beach events for multi-year spans. We are happy to provide you with vendors for other specific events that upon request. Winter Party Festival Vendor Sheet Budget:800k Company Contact Name Job Responsibility Bacardi Joe Plana Alcohol Sponsor/Decor Designs By Sean Sean DeFreitas Decor Sur Loc Flooring Bret James Flooring/Bleachers&Staging Boucher Bros Steve Boucher Beach Supply E Productions Alex Anta Sound,Lights and Generators Eagle Security Rosa Fernandez Security Florida Fence Ron Davis Fencing Friendly John Restrooms Mario Junior Restroom Facilities McCorkle Mike&Cathy McCorkle Ice Permits Maggie Dominguez Permitting SNL Maintenance Will Lorenzo Event Maintenance Hotel Liason Mario Casal Hotel Liaison Federal Tactics Security Matias Zacconi Security Eent Cad Plans Mike McLaney CAD Plans Diamonette Party Rentals Rick Graveran Event Rentals City Of Miami Beach Officials City Of Miami Beach Linette Nodarse Special events office/Permits Fire Captain Charleton Pice Fire Safety Police Sgt.Bobby Hernandez Safety Parking Department Alicia Santos Parking -14 n 2.3 RELEVANT Exp su3 co\T• � i Miami Beach Pride Master Vendor Sheet Budget; 1.2M Company Contact Name Job Responsibility All American Barricades Ruben Santos Barricades/MOT/Digital closure signage Friendly John Ydoya Portable restroom(non VIP) Smith Fence Colin Brehm Fencing Advantage Golf Carts Mayra Vazquez Golf Carts Herc Rentals Armando Gonzalez Light towers,lifts,ADA mats,forks,trencher,gators SNL Sanitation Will Lorenzo On site sanitation Sunshine Tents Dev Ramgoolan Tenst,tables,chairs,plywood,flooring,paletts Harmony Events Hugo Osorio VIP tents,furniture,carpets,sub floor, YML Portable Restrooms Yoan Lorenzo VIP restroom trailers Luxury RV Rentals Lynda RV dressing rooms Southeastern Seating Nick Bleachers 3DX Kidd Maddoney Decor Hospitality Terry Hospitality Truck Mobile Mini Ricky Mendez Command center offices Pods Richard Johnson Pods Riverside Fuel Diesel Drop Fuel Cogdil Electric Dan Cogdil Electrical contractor for special inspection Web Restaurant Store Webrestaurantstore.com Cups for the festival City Of Miami Beach Officials City Of Miami Beach Linette Nodarse Special events office/Permits City Of Miami Beach Charlton Price Fire Inspection,fireworks City Of Miami Beach Alfonso Ritchey MB Sanitation/street sweepers for parade/Vollyball court leveling City Of Miami Beach Geraldine Toussant Special Events/Sprinkler shut off request for Lummus � � n 2 .3 RELEVANT v : : \ T . VMWare(8 years) Budget: $3,185,000 Company Contact Name Job Responsibility Brite Ideas Greg Christy Technical Services,Staging,Lighting&Show Production Innovative Entertainment Peter Berliner Entertainment Scenario Photography John Ganun Photo Ops Las Vegas Motor Speedway Naysan Gray Venue AE-ES Gaming Gary Boardman Gaming Blueprint Studios Alison Staley Furniture&Decor Levy Restaurants Alyssa Brandt Food&Beverage Insomniac Alyxzander Bear Decor Ovation Staffing Elaine Karl Onsite Staffing Transportation Management Services Robert Rugg Guest Transport AAA Flag&Banner Retta Logan Signage 2 .3 RELEVANT EXP ._...7F 1.., 3 C2 \ T. Microsoft Budget: $5,600,000 Company Contact Name Job Responsibility Brite Ideas Greg Christy Technical Services,Staging,Lighting&Show Production Innovative Entertainment Peter Berliner Entertainment Scenario Photography John Ganun Photo Ops Las Vegas Motor Speedway Naysan Gray Venue AE-ES Gaming Gary Boardman Gaming Blueprint Studios Alison Staley Furniture&Decor Levy Restaurants Alyssa Brandt Food&Beverage Insomniac Alyxzander Bear Decor Ovation Staffing Elaine Karl Onsite Staffing Transportation Management Services Robert Rugg Guest Transport AAA Flag&Banner Retta Logan Signage One10 Marketing Brit Williams Client Pyramid Audio Don Drucker Audio • * . t9' 144' ----.- j Q / /;:" ' ' OUR t, , ..., ,:,_.,,e,, .,.„.7ii„,,,,, ,. .., 4,,..... ' i F I 1jL ! l.J Tech Client Los �An = ales, CA arty . 3 �M e, > f �-�fllb s °" • jj $I' mio';-' FIIIIS A # t � g �S f 014 V '' i� eaB ne ''� $a Ee ,"^ #b,E P i ii h r 7\"l�f �: .� ""a .."" 'f 1101 „ $ We would love to tell you more about any of these "/-1 projects,. Our team along with many established '' , subcontractors and partners with whom we have M u n 2 Miami, F L developed long-lasting relationships have produced a plethora of different events together.These are just a V M w a r e few. Separate Bios with individual qualifications follow below.As well, our work can be viewed at www.tom bercu presents.com 32 ,Q. N. It is our mission to provide the highest standards of customer service, creativity, return ohne n investment, and , ' 'Ma. ; production value to you—our client and partner—while p [' - , �„. ± '` ' assisting you in creating event solutions that solidify your � � . ' "` ` `• ` M , ,a• � �r brand,deliver your message, increase your revenue, and ;* ' showcase your talent in the theater of live event ' � � ' ' 1 ?' ,� � l# ( 11 g;• experiences and communications. I ,� / ' ' t '. /4, 4,,,,, ,� � ja, fit,.. 111 1 • • Tech Client Los Angeles CA .,. .:,...., >£tet e,:- �f`• , rs ..4 ..c- Aiiie,„: 4*111-A ' .6t4'4' mtt , ,_ :,, r. - - '--*.�.- rte`' (% Mit f e t.'II i'icho Santa Fe. CA g x Z 0. www.tombercupresents.com — , ,. q , Dwelre Ba t` Los Angeles, C ...yl. VMwar(eLoa, SPAIN TA3 3 Approach and Methodology 34 a METHODOLOGY ]VERVIEW „ „,,, ,,, 4,,,, } '4riaw we work is as important as what we do. We listen to our clients' needs to collaborate and create a shared vision. We develop `,, X~ a plan that will exceed all expectations and impress our guests with an experience tailored perfectly to the clients' purpose. Our teams are comprised of top industry talent around the World. Our committed team and our innovative solutions are what ■ differentiate us from our competitors. ' 171 ill Our core competencies are extensive. Our basic foundation lies in delivering a superior communication and entertainment platform for our clients to deliver a specific message and experience to their audience.We have developed a carefully i if 4:tae, choreographed and strategic global network with the very best lighting, audio and video companies;decor rental houses and k. fabricators; security agencies, printers,world class venues and caterers; entertainment agencies; transportation companies; and the many other elements that are combined to create world class events. Due to our size,we offer greater production capability and value,which is unmatched by larger production firms. 3There is nothing that we do not perform on a regular basis. From design to execution,we can handle it all or just the part: We will manage all the needs of, and coordinate the logistics from concept to implementation We develop event elements including decor, lighting, labor, rentals, registration,entertainment signage, gift bag assembly,deliveries and „ ,, , ' shipped goods,food and beverage, floral,green rooms, etc. Our show team is the best of the best,and they ensure that everything happening on the event site runs smoothly from install to 1”` load-out. We work to anticipate challenges and obliterate them or provide a way to overcome them. When the unexpected ,r. ^ x Vit.., ,.,, happens,we can flip on a dime and handle it. N' ' ;N+4, 1 , ' M We are award winning partners. We are passionate industry leaders ”,. ` because we achieve superior results for our clients. Nit,,',,,,l' '.K . www.tombercupresents.com 4 f ♦ . ; 4 s • APPROACH & METHDOLO3Y 1. The management structure and plan to oversee a successful implementation of programming, community engagement, local partners,safety/security, set up & breakdown. TBP looks at events like this.We put the same amount of dedication into a project whether an event is 500 people, 5000 people or 15,000 people. So, we decided to aim for the large-scale events from the very beginning.We honed our skills as newbies on the likes of Hong Kong Tourism which included 100,000 guests over a two-week period including activities,VIP events, live TV broadcast and headline entertainment.We liked it,so we kept going, learning and working with large-scale (and smaller events as well). In 2006,we had the pleasure of working with VMware on their VMworld US Customer Appreciation Party and we've continued building on that event year after year only missing a couple in between 2007 and 2012 due to no fault of TBP. Over the past 20 years.,we have successfully worked with Winter Party Festival and Miami Beach. Pride to add to our experience and expertise at large-scale, public events. Over the years we have developed strong partnerships with Miami vendors as we shared with you in earlier slides. Lastly,we have learned to work adeptly and navigate the City's regulations and requirements through many years of experience. www.tombercupresents.com f 4S AppRoAcH e-Nemy : 2. Marketing plans which outline how residents and non-residents are notified of the events/activations Please see attached marketing plans for Winter Party and Pride events that capture how we market to the City of Miami Beach and its residents. www.tombercupresents.com EVENT PLA.\\ 1 \ --, Ther nothing that we do not perform on a regula ON SITE basi From design to execution, we can handle it all • Pre/Con Team Meeting to review all or just the parts you need us Lo handle. plans and intro core staff • Load-in Begins PRE PRODUCTION • Installation (all elements-see We will manage all the needs of, and production schedule for details) coordinate the logistics from concept to Decor and Design • Tech/Lighting check • implementation • Rehearsals • Branding Placement • Fabrication of custom elements • Check in all talent and crews onsite • Develop event elements including decor, • Procurement of entertainment Sound Checks and Final event details lighting, labor, rentals, registration, • Staffing Plan in place • entertainment signage,gift bag assembly, • Loading Dock Schedules Room ready for final walk through deliveries and shipped goods, food and • Production Schedules • Food ready • beverage, floral, green rooms, etc. • Trucking Manifests Everyone places • • Light Design and Grid Plans Execute, execute, execute • Floorplan and Decor Maps • Everything goes perfectly • • Labor Schedule Client happy. • Entertainment Schedule • Menu Development and Tastings Smile to yourself for two seconds • Partner Contracts Signed Load-out begins (there is no rest for the • Permits, Permissions, Risk weary) Finally,we meet with our client Management Coordinated to debrief. ...._.__.....................________ www.tombercupresents.com EVENT PLA \ \ \ 3 We work every angle of the event to ensure that every every moment from when the first bus arrives until we wave good bye to the last guest is a complete success. rn Ff > ., at sf w TEAM STRUCTURE SCALING TO LARGE EVENTS ral Like all companies, of course there is an existing book It's what we do. Not to brag, but we've won awards for it. of business leading up to and after the project. What Our processes throughout pre-production and onsite are one we can ensure is that once awarded the business,you of the key things that make us successful. will have our commitment and full attention We „ # have promised you this team, and we will make good Milestones and master timelines ensure nothing is forgotten on that promise.We can promise you is satisfaction of and every detail is produced to perfection. service. We bet our reputation on it. We've included short bios of core team members in the next Please see our bio pages for specific information on section so that you get a feel for who you will be working each team member. with throughout the event. This is your team. We manage all labor. Your team are the people listed in this proposal. We can scale to events of all sizes because of our incredible network. We've done so many times before with complete success.. www.tombercupresents.com 39 EVENT DLA \ \ 1 \ J AT&T PARD .. When we arrive on site, not only are we delivering logistics and setting up,we are busily preparing for rehearsals and ;Ir. IX a "� tech rehearsals,sound checking and making sure Every t =* ,, -' �_ detail is ready for the event. ' Our show team is the best of the best, and they ensure that everything happening on the event site runs smoothly 4eit , , from install to load-out. We work to anticipate challenges �, , and obliterate them or provide a way to overcome them. '' � When the unexpected happens,we can flip on a dime and • `y`n....,,',.,r° handle it. $,. '..44 air 1- t*,,,•,: w �r� al`, • *' We hold a pre-con with all venue,show,safetyand TBP ' r { ; Y f" c4"4,$ staff to be sure that everyone is working together to create •ri. ,ili... �� , , �,� _ an enjoyable evening. Everyone knows their role even in" »� �, • the event of an emergency.. � ." �=*4. .-. TBP of course provides all staff members to work onsite on ;.-_ �_ .', - , � ' the day of the event in each key position and all report to J ,r ""' , t''`om'r ° y ,, :,`/.0f,t r , ' • Tom Bercu who is always on site and the Executive 00 "', •,.�, b s 4. `` ' �'° " Producer in charge of the event. Miscellaneous labor is ... - - '-, `'. ' €..:4' a ls , procured from a local labor pool or from independent a-N.,,,:,,,,,,— _ '4 � ^ e, '�, . 4 - - *a% ,,,�, contacts that we have worked with for years. ati ,..,..--,1. .. .F . i" . a E... a.» ,� a ',. www.tombercupresents.com - ''' --", fy - 40 w �� -� r^ �� y-1 AppRoAcH E | | || | _/ | 4. Videos or photos as proof of event execution which reflectattendance numbers, creative look and feel,and success of marketing plan. We are happy to share a couple of our videos with you so that you can see the scope and style and most importantly,the results of our work. Winter PartvFestivn! 7(--)1�:orhtt utube.corn/vatch?v=rcW1fuUl6ebA&feature=youtu.be Winter Party Festival 2017 or https:// vvvvv.youtubezorn/watch?v=N94rnQpQ397Y Beach Gay Pride ZOlGorhttps://virneo.corn/I4O924707/d5b6ala3da Pride 2Ol7orhttps://wwvv.youtube.corn/watch?v=CC4qn4Q4VOvv -www.tombercupresntsunm VETH0: : L03Y APPROACH at 5. Recruitment and coordination of talent, partners and vendors TBP works with suppliers that have a proven track record of success and a reputation of quality and excellence in the industry.We have had relationships with most our supplier partners for over a decade (and many of them even longer before TBP came to fruition).We are tough on new suppliers digging deep into the quality of their work,what their clients say, their safety record,verifying insurance and talking to people who whom they have worked.We don't take the responsibility of subcontracting lightly.We know that it is our reputation on the line. Additionally,we are open to working with vendors that are City of Miami preferred suppliers, in fact,we probably already do. We are a team and we understand that the benefits of working with those that the City has a comfort level with is elevated. It can also have the benefit of ensuring that the best pricing is secured. We believe in being team players to the benefit of everyone involved in the project. ............................................. www.tombercupresents.com n D 0 L 0 y APPROACH & vETH v J Coordination and implementation of actual event production requirements, including, but not limited to: Venue Load-in and Load-out and Vendors. During the pre-production phase of the event, our project managers work to oversee every detail and get it into a production timeline that spells out exactly who is doing what,where and when.We call it our roadmap. That schedule dictates every minute of each day from the moment the first truck rolls in to the loading dock until the last truck rolls off property after the event is struck. Each vendor checks in with our department leads and we are all on radio. Like an orchestra,each person, has a specific role and task to do. Working together every challenge is met and over come and execution of the event is achieved with organized professionalism. Rental of Equipment: Depending on what is needed for any specific project,we ensure that the equipment is ordered, delivered on time and set up. Most of the time,we have back ups on stand by to ensure that we can respond quickly if anything goes wrong. Recruiting and Management of Staff and Volunteers: We work with our core staff - always. We supplement positions with local staff to save money for our clients. We have a vast network of people in the Miami area that we can tap to fill non-essential roles with qualitied event professionals. Each event is different,so we staff according to need, experience and skills needed for each project. ....................__..................... www.tombercupresents.com 7411. vETH0D0L,.., 3APPROACH & 6. Continued. Obtaining all necessary and required permits, We have learned that having a great relationship with the City means following the rules, and we work hard to stay inside the lines. One of the ways that we do this is by honoring the requests and requirements that the city sets forth. Permits aren't always easy to get, but we get those in the works from the very beginning of the event planning process. Providing any marketing services that are closely integrated with the event (i.e. decor and signage) Our designers are experienced experts and whether they are designing signage or environmental layouts and decor, they have decades of experience doing it. Like all the rest of the details these are added both into the floorplan and the production plan to be accounted for and installed and removed as they should be. identifying and managing outdoor generators, power sources, lighting and cabling Our Technical Director oversees all of the power details.They are the lifeblood and heartbeat of the event. From the first walk through the planning begins and every need assessed,and considered to ensure a smooth evening. We are big beliers in back up systems as well to ensure that even when the best plans go awry,we can be spry in getting things back up and running expeditiously-and most times without guests even knowing anything was amiss. www.tombercupresents.com APPROACH at , Gy .J V 6. Contin s Identifying Production Staffing need and providing suitable solutions. We are scalable and we staff up and down as needed. Our people don't stand around, but in the same respect we are adequately staffed to ensure that the project is able to run and execute properly. From security to food and beverage, talent wranglers and technicians, our team is comprised of expert and capable event professionals.Our staffing plans are based on a number of different things which include the size of the event and its venue, the duration, the activities happening at the event, and the capabilities that the event requires to operate smoothly and professionally. Identifying and sourcing sponsorship opportunities base on the scope of work. We are advocates of building bridges and that applies to sponsorship opportunities with people that we enjoy relationships with.When you need corporate sponsorship solicitation, we will bring to the team a sponsorship professional that can help fulfill this need. identifying and submitting traffic and parking plans and requirements for large events Safety is everything and traffic and parking plans are a big part of our planning. Ingress and egress of the event from personal cars to group transportation is something that we pay close attention to and work with a specialty lead to ensure that the first impression is a positive one on our guests. Often times it begins with transportation and parking. It's important! ............................._._._... www.tombercupresents.com • APPROACH & VETHODLO3Y 6.Continue.. Submitting event recap reports as specified by each work order, We never consider the event complete until we hold both internal and client debriefings to find out how and what we can do differently and address any issues (if applicable)as necessary. That includes providing you with a written event recap report as requested. Providing other materials or equipment including, but not limited to, first aid kits: fire extinguishers and other life safety necessities. Safety is paramount at TBP. Depending on the size of the event we create actual First Aid stations staffed by medical professionals.We work with safety professionals including police,fire,security, and even counter terrorism experts to ensure the safety of our guests.The world can be a gnarly place at times, and we are prepared as we can be with emergency and catastrophe plans that cover everything from active shooter to natural disasters. Safety, is everything. ..................____..........._... www.tombercupresents.com J APPROACH at vETHoijL3emy 6. Continued Recruiting on-site emergency medical services and help with necessary MBPD and MBFD permits (we go a step further) • Standard safety and risk mitigation procedures include: • Contact details of all involved in the event both internally and externally. • Local emergency services contact details provided for each person working the event. • Disaster plan for both natural and terror related incidents and staffs roles during an occurrence. • EMT, police and fire on site as needed and required by law • Dedicated emergency radio channel • Emergency evacuation plans and routes planned out. And, finally,working within the venue's guidelines and safety codes, providing insurance certificates, and obtaining any approval and permits required,we work hard to ensure risk management and safety are always at the front of our, and our client's mind. Approach to communications and consultations with client staff. As we have mentioned, TBP staff are team players. We are ALWAYS available 24/7 to you while in planning stages and working on a project, We are just a call,an email or a text away if your need us outside of business hours. It is our policy to always return our clients calls/texts/ emails within 24 hours no matter where we or what we are doing. www.tombercupresents.com APPROACH 8, vETH ,_, /-1 y While we construct a timeline that is custom to each event, here is a general outlay of major milestones that would be customized and updated based on actual dates. 6-9 Months Prior • Contract signed Review proposal and make any changes necessary and provide to client Preview entertainment suggestions and identify top 3 choices • Send out offer to first Headline Act with ten-day response • TBP to provide updated creative and budget • Complete final plan for staff involvement and assignment list • Begin choosing/contracting vendor partners • Secure and finalize venue and site visit for event design & layout • Choose decor design direction • Review labor requirements and management • Choose and finalize menu • Finalize entertainment contracts • Complete additional insureds as required • Monthly meetings to review progress www.tombercupresents.com nen '1 v � v J APPROACH & • Second site visit-(technical site - if needed)for staging, audio,video and lighting (logistics) • Prepare,develop and maintain website/social media information for attendees • Develop visitor take-home pieces/event printing needs/banners/buttons etc. • Begin designing custom collateral as needed (graphic design) • On-site meeting with caterer (tasting) and a/v company to go over specific needs for event • Asses risk/threat and management, arrange for security, emergency contingencies • Bi-weekly meetings to review progress • 2-3 Months Prior • Add invitation to web site registration (if applicable) • Arrange for valet/attendant parking at venue (if applicable) • Sign off on final decor plan, floor plans, menus, entertainment • Finalize theme decor/floral/signage arrangements • Begin on site production timelines • Weekly meeting to review progress www.tombercupresents.com vETH ,Th n � AppRoAcH 1 J • Finalize registration/welcome • Prepare any materials to site for shipping • Weekly meetings to review details and progress • Daily check-in emails begin 2-3 Weeks Prior • Shipping complete for any needs to venue. • Go over physical layout and follow-up with staff/suppliers, a/v company and caterer final menu review and details. • Prepare load-in and onsite production and show schedule • Complete event checklist review • Weekly meetings and (daily check-ins as needed) • Daily progress emails www.tombercupresents.com AppRoAcH y • Complete event walk through with all appropriate personnel, including location staff • Check all materials and ensure arrival • Complete RSVP and give attendance numbers to caterer • Review checklist to ensure no detail is left unattended • Production Schedule final and distributed to all suppliers and vendors • Communication as needed on-demand • Refer to onsite production schedule for loading dock and installation timeline • Staff on site- refer to staffing schedule • Refer to onsite production schedule for production and show details • Event staff on site- refer to event staffing schedule www.tombercupresents.com 0 ‘,„ , ,,,. .. \,.„ ,.:, m FOLL, . b ,, .. ‘ .. . . ..0. u P ' It's not over untiPl every"i" is dotted and "t" is crossed and every guest is on their way home safe. vw 40. We always debrief with you, and also internally with our team. We know that there is valuable insight as to how we „� can always improve or do something better, or simply �- celebrate success. N. y We will also work with CLIENT team to compile event accounting and completion of budget report and make sure every financial detail is closed out. I. I II \ ;,00. a- \ , ,nrww,tom bercu resents.com t..n an i 52 it _ _,,,te,i „ , ,,,„„,,,,, ., METRICS +rr . . . 0 , .„„, ___ „ ,,,,,, ,f 95 % client retention rate r Always on target or under budget ti A core team comprised of Senior industry leaders t One of the most award wining and recognized teams in the i';: ' ,� I '' industry t `"£ Over 1 , 000 , 000 satisfied guests _.... __... III Over 150 satisfied International clients - , �,, ! ff 4• r we work every angle of the eve to ensure that every every moment from when the first guest arrives until we wave good bye to the last is a complete success. \n/P rictn.,Pr rrr,rP then i+ tct r"* sfactior ^c ' r" r; CLIENT REFERE \ nEs 7 found TBP to be one of the most creative, resourceful, innovative and solution oriented event teams whom l have partnered with. They were able to Cisco create highly immersive experiences set in many venues... In several instances Ms. Coco Soto there were elements beyond our control and TBP always found a solution. " 813.810.2540 -David Palmer-Fmr Executive VP, Group Director, Team One cesoto©cisco.corn 'TBP had passionately lobbied MLB for business during the years, and after our M KTG (YouTu be & Microsoft) first event together, they won us over. They are well-skilled in presenting state Alyse Cou rti nes of the art event concepts that streamlined our planning process. Not only 917.774.0070 have they designed and produced creative and gorgeous event spaces, but Alyse.Cou rti nes(a o pustea m.corn they also excel at staffing and budget management." - Eileen Buser-Senior Director, Special Events-Major League Baseball National LGTBQ Task Force Michael Bath 305.576.5010 Working with TBP is truly wonderful Their attention to production detail is mbath ithetasktorce.org outstanding and gives you a level of confidence which is hard to find Their creative passion can be clearly felt in every production they touch. TBP has an incredible talent at weaving memorable, thoughtful and strategic experiences into your event, that will leave guests yearning for more." - Richard Toscano- VP, Special Events-Freeman XP ............................................._... www.to m b e rc u p re s e n is.co m "R D -R AT E BOMA BIW VALENTI IIIIIIIII CLIENTSbeats by cic d re =EN Greater Los Angeles NINTCIIMAKINC C I Sc 0 DAMIANI E-7, ferrazzigreenlight Freeman) p , NANDI/AN IN ITAL,$1NC(I,124 0 GE.Orn F.,,01.41VISC,Nt A HONG KONG =olomi TOURISM BOARD '-' -' LIE:70C4-1_ , IP!! MAJOR LEAGUE BASEBALL It" VdCP; mun2 NBC Nintendo* team one n Microsoft Vill vmwa re 9 www.tombercupresents.com • -PRJFIT Lo, NATIONAL CLIENTS LG BTQ Beit T'Shuvah ` EQUALITY , CALIFORNIA AY LESBIAN TASK FORCECHAMBERQE COMMERCE mals ry FOSTER CARE COUNTSSal E� GMCLA . Foundation , .., AIDS l Center Research Visitor nrp Alliance 3 t FGMC GETTY HOUSE -A ., .. ,.. ._....__.._. ._..._........_ SAN FRANCE5C0 GAY MEN'S GHORU$ 7 uberous Scier�Js Alliance Pen WonderfulArWonderfulkspFzart ` ..�'CJ www.tombercupresents.com i,,dd�� - � M g ,e: > jpyf #,�T ' ' T' + +M'.. • w... «. i .�.a '^r� <fc,a�; 'N e. ".,�" ',wa • t v.." °moi*+„ ,' '" �';,k ?`' a '7 ''. 4i► ; ; tip ,. 4 * ,:.• ka'# S 3'J*" 1.,:;,.o,...-,::. ^, "e � ' �, ,r" w art :: t •t'•o,* +, g ' m. 1 }'µ,'ms ' € 3` . ,, ai iv w' • . ;; - iiNt' a •$., ,, may` �#i;'. § � t aux *r°k y {V: toI t av'� &.At # .row a �R' p „or/4' .. A*, -..i;:, „-,; ...:: * 0 ' ‘;‘,,, .',-,1 _ ' �R z f +CM �Ik' . . 1 "4,.* ., 4.'' 1 £{ P y5 s+` k # ,<� ._ '4,f A' ' ' * t �• f tttii 'k,# 3-, - ,. ., - ,sem . . _ ' , r :a��.g -'.� ro" . ac''IR`• `ud We deflawless events.. We haa lot of them - on point,liver on time, and on budget. Tove raveproduced reviews. Again and � w " T .... A \ < you ! again... and now we are excited to share the TBP experience with you. ,„,, ,.„, , ,,,,„,,,,,... ,, We thank you for this opportunity. ''-:'r'::4'''',P.*vtz'f;;';'' 7,, �J wtx «- Rt P.O. Box 191839 Miami Beach, FL 33139 T 0 M B E R c {{� (� 5 :, 1),: uprecrucprerseesnetnst.cs.om �} LS com event production services 0 event orcouct.on ie,v,cers February 2, 2020 In Re: 2020-057-ND Cultural Programming and Event Producers To Whom It May Concern, Please let this letter serve as acknowledgement and confirmation that Tom Bercu Presents will abide by the City of Miami Beach Code of Business Ethics as read in Resolution Number 2000-23879. Sincerely, Tom Bercu Dave Cook Principal Account Director Tom Bercu Presents Tom Bercu Presents T 0 M B E R C U FP event preciucfion servces February 1, 2020 City of Miami Beach Procurement Department Attn: Natalia Delgado Proposal#2020-057-ND 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Dear Natalia, We are excited to share our qualifications with you in response to the 2020-057-ND Cultural Programming and Event Producers RFP. Having developed a great working relationship with the City by being intimately involved with the planning, marketing and execution of the Winter Festival and Pride Miami Beach for many, many years, we bring a unique positioning and strength to the table along with our expertise in producing award- winning events for over 20 years. We have also developed strong working relationships with top suppliers within the city of Miami Beach. Most importantly, we love producing top quality events and experiences in what we consider to be one of the best places on planet earth. Within the pages of this documents, we've endeavored to answer your questions, and provide the depth of insight that you would require in an event partner. We are happy to answer any further questions that you may have and provide any further information you may need. We look forward to working with you in the future, and we thank you for giving us the opportunity to earn your trust and your business. We stand ready for your direction and guidance in what we hope will be next steps to working with you. Respectfully, Tom Bercu Dave Cook Principal Account Director rm/TB enclosure (1) 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 Tile: 2020-057-ND CULTURAL PROGRAMMING AND EVENT PRODUCERS I Procurement Contact Tel: Email: Natalia Delgado 305-673-7000 x26263 NataliaDelgado@a.miamibeachfl.gov PROPOSER'S NAME: Tom Bercu Presents NO OF YEARS IN BUSINESS: NO.OF YEARS IN BUSINESS LOCALLY: NO.OF EMPLOYEES: 12 12 1 OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: NA FIRM PRIMARY ADDRESS(HEADQUARTERS): P.O.Box 191839 CITY: Miami Beach STATE: ZIP CODE Florida 33139 TELEPHONE NO.: 415-652-3652 TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: P.O.Box 191839 CITY: Miami Beach STATE: ZIP CODE. Florida 33139 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: Dave Cook ACCOUNT REP TELEPHONE NO.: (650)336-4244 ACCOUNT REP TOLL FREE NO.: NA ACCOUNT REP EMAIL: dave@tombercupresents.cnm FEDERAL TAX IDENTIFICATION NO.: 87-0811204 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' Tile of Proposer's Authorized Representative: Signa, ;e of P9poser' 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: Tom Bercu Owner Signature of Propwer's,Asrttlotfzed Representative. Date: ctl� '` }J res-;�'' January 22,2020 1. Veteran Owned Business.Is Proposer claiming a veteran owned business status? YES ( X NO SUBMITTAL REQUIREMENT:Proposers claiming veteran owned business slaius 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,at 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 Cs- 4 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 ;:>i" 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 her ewe vemiamibeachfl gov.+city-hallforocuremenUprocurement-related-ordinance-and-crocedures! - . .- Bente may-be-arr r: :3 .z GaTioyees_shalf- - .. . : : •:.: .. mpley^.. ,-less-t#pan-$4 62eger tte 54s-ot-at toast$2. rte. - - . .. f . - - -•'ee care4,0n0.416.of ot-tea ., - . _ _ ,•! _. - - _. r8,�,''.j• � ��y .,pry{-}}^�.�{;J�,, y�crt.��. salatiorr •- - • .-three--percent{( "r/W^n �A__. _/ tasers'_faiture-. __ _ ^' ' +,a'• t„:e ••.4 tAA._ .. _ _ • • tete: e•• .-a net etted Beek -eeeeee —� e: g$�irgrpgAt i6 3Vai�abte YES j 1 Ng 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? i 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? 1 YES x j 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 ij Employees with Employees with Provide Benefit Spouses Domestic Partners Health x Sick Leave x Family Medical Leave x Bereavement Leave x 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 Last •lllovw.miamibeachft govlcity-halliprcvurernent='pro yurement-relaterordinance-anti-proceduresi 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 butding or public work; may not submit proposals, proposals, or rept es 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.267.Q17 for CATEGORY TWO for a period of 3R 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. YES I NO 10 Non-Discrimination. Pursuant to City Ordinance No.2016-3990, the City shal not enter into a contract with a business unless the bus ness 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 discualificalion. 7-1 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 YESt j 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 proposal disqualification. I. X IYES r---1NO 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.corri, 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 0;,).eC, Addendum 1 Addendum 6 Addendum 11 Y"-r Addendum 2 ---" Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15