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HomeMy WebLinkAboutChristmas Designer Service Agreement ~ II) 5.:' '=-srf q , 9/V/tJ~ " SERVICE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND CHRISTMAS DESIGNERS, INC. FOR THE DESIGN, INSTALLATION, ON- GOING SERVICING AND MAINTENANCE OF A CITYWIDE HOLIDAY DECORATIONS PROGRAM PURSUANT TO REQUEST FOR PROPOSALS NO. 28-04/05 (RFP) THIS AGREEMENT made and entered into this :J-.l.( th day of AlIIJ~~, 2005, by and between the CITY OF MIAMI BEACH, FLORIDA (hereinafter referred to as City), a municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, and CHRISTMAS DESIGNERS, INC. (hereinafter referred to as Contractor), a Florida corporation, whose address is 3124 NW 16th Terrace, Pompano Beach, Florida, 33064. SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Contractor. City Manager: The Chief Administrative Officer of the City. Contractor: For the purposes of this Agreement, Contractor shall be deemed to be an independent Contractor, and not an agent or employee of the City. Services: All services, work and actions by the Contractor performed pursuant to or undertaken under this Agreement, as described in Section 2, and Exhibits B and B-1, attached hereto. Fee: Amount paid to the Contractor to cover the costs of the Services, as described in Section 2, and Exhibit B and B-1. Proposal Documents: Shall mean "City of Miami Beach Request for Proposals No. 28- 04/05 for the Design, Installation, On-going Servicing and Maintenance of a Citywide Holiday Decorations Program, issued by the City in contemplation of this Agreement, together with all amendments thereto, if any, and Contractor's proposal in response thereto (Proposal), which are incorporated in this Agreement and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, this Agreement shall prevail. The Proposal Documents are attached hereto and incorporated herein as Exhibit "A". 1 CITY CLERK Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139, telephone number (305) 673-7000, Ext. 6435, and fax number (305) 673- 7023. SECTION 2 SCOPE OF WORK The scope of work to be performed by Contractor is set forth in Exhibit "B," entitled "Scope of Service&", Miami Beach Holiday Lighting and Decor 2005 (Cost Breakdown, Sections 1-7, Pages 1 and 2, and Pages 1-26) and Exhibit B-1, entitled "Scope of Services", Modifications (Collectively - the Services). SECTION 3 COMPENSATION 3.1 FIXED FEE Contractor shall be compensated for the Services, in an amount not to exceed $300,000 per year, as set forth in Section 2, and Exhibit B (Pages 1 & 2) and Exhibit B- 1. The amount of $300,000 per year shall be paid as follows: (i) First Year/2005: Payment of $120,000 (40%) shall be due within seven (7) calendar days after this Agreement has been approved by the Mayor and City Commission and fully executed by the parties hereto. Payment of $90,000 (30%) shall be due upon the completion of the installation and operation of all holiday decorations and acceptance by the City's Parks and Recreation Director. Contractor shall install all accepted holiday decorations no later than November 25, 2005. Payment of $90,000 (30%) shall be due upon the removal and storage of all holiday decorations and acceptance by the City's Parks and Recreation Director. Contractor shall remove all holiday decorations no later than January 10, 2006. Should the City decide to terminate this Agreement without cause and for its convenience, after the First Year (2005) but prior to commencement of the Second Year (2006), which termination date shall be exercised by the City no later than July 1, 2006, the City shall pay the Contractor $341,578 as a settlement for said termination, which settlement shall be the total extent of the City's liability under this Agreement. 2 (ii) Second Year/2006: Payment of $90,000 (30%) shall be due on July 1, 2006. The Contractor shall provide inspect, clean and repair all City decorations to ensure they are in proper working order in anticipation of installation. Payment of $120,000 (40%) shall be due upon the completion of the installation and operation of all holiday decorations and acceptance by the City's Parks and Recreation Director. Contractor shall install all accepted holiday decorations no later than November 24, 2006. Payment of $90,000 (30%) shall be due upon the removal and storage of all holiday decorations and acceptance by the City's Parks and Recreation Director. Contractor shall remove all holiday decorations no later than January 15, 2007. Should the City decide to terminate this Agreement without cause and for its convenience, after the Second Year (2006), but prior to commencement of the Third Year, which termination date shall be exercised by the City no later than July 1, 2007, the City shall pay the Contractor $170,000 as a settlement for said termination, which settlement shall be the total extent of the City's liability under this Agreement. (iii) Third Year/2007: Payment of $90,000 (30%) shall be due on July 1,2007. The Contractor shall inspect, clean and repair all City decorations to ensure they are in proper working order in anticipation of installation. Payment of $120,000 (40%) shall be due upon the completion of the installation and operation of all holiday decorations and acceptance by the City's Parks and Recreation Director. Contractor shall install all accepted holiday decorations no later than November 25, 2007. Payment of $90,000 (30%) shall be due upon the removal and storage of all hOliday decorations and acceptance by the City's Parks and Recreation Director. Contractor shall remove all holiday decorations no later than January 17, 2008. 3.2 INVOICING Contractor shall submit an invoice, pursuant to the Payment Schedule set forth in Paragraph 3.1 herein, which includes the purchase order number and a detailed description of the portion of the Services completed. 3 3.3 METHOD OF PAYMENT Payments shall be made for Services satisfactorily rendered within thirty (30) days of the date of invoice, in a manner satisfactory to, and as approved and received by, the City. Contractor shall mail all invoices to: City of Miami Beach Parks and Recreation Department Attn: Kevin Smith Parks and Recreation Director 2100 Washington Avenue Miami, Florida 33139 SECTION 4 GENERAL PROVISIONS 4.1 RESPONSIBILITY OF THE CONTRACTOR The Contractor shall provide all equipment necessary to install and remove all required decorations. Additionally, the Contractor shall store and maintain all holiday decorations at its (Christmas Designers, Inc.) facility located at 3124 NW 16th Terrace, Pompano Beach, Florida 33064. With respect to the performance of the Services, the Contractor shall exercise that degree of skill, care, efficiency and diligence normally exercised by recognized contractors in the industry with respect to the performance of comparable Services. In its performance of the Services, the Contractor shall comply with all applicable laws, ordinances, and regulations of the City, Miami-Dade County, State of Florida, and Federal Government. 4.2 PUBLIC ENTITY CRIMES A State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3) (a) Florida Statute on Public Entity Crimes shall be filed with the City's Procurement Division, prior to commencement of the Services herein. 4.3 SERVICE EXCELLENCE STANDARDS Excellent Customer Service is the standard of the City of Miami Beach. As contract employees of the City, Contractor's employees will be required to conduct themselves in a professional, courteous and ethical manner at all times and adhere to the City's Service Excellence standards. Training will be provided by the City's Organizational Development and Training Specialist within thirty (30) calendar days following execution of this Agreement. 4 4.4 COMPLIANCE WITH CITY'S LIVING WAGE LAW Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, Contractor shall be required to pay all employees who provide pursuant to this Agreement, a living wage of no less than $8.56 an hour plus at least $1 .25 an hour towards health benefits for a total minimum value of $9.81 an hour, or a living wage of no less than $9.81 an hour without health benefits. Contractor's failure to comply with this provision shall be deemed a material breach under this Agreement, under which the City may, at its sole option, immediately terminate the Agreement, and may further subject Contractor to additional penalties and fines, as provided in the City's Living Wage Ordinance, as may be amended. The most recent copy of the City's Living Wage Ordinance is attached as Exhibit C hereto; notwithstanding the preceding, it shall be Contractor's sole responsibility and obligation to familiarize itself with the Living Wage Law, as well as any subsequent amendments thereto. 4.5 DURATION AND EXTENT OF AGREEMENT The term of this Agreement shall be for a period of three (3) years commencing on the date this Agreement is executed by all parties hereto, or no later than November 24, 2005, and shall expire on November 23, 2008. At the end of the initial term, all holiday decorations contemplated under this Agreement shall become property of the City of Miami Beach. 4.6 TIME OF COMPLETION The Services to be rendered by the Contractor shall commence upon the issuance of a written Notice to Proceed from the City, and shall be prosecuted and completed diligently by Contractor in accordance with Section 3.1, hereto. Contractor acknowledges that time is of the essence in its prosecution and timely completion of the services. 4.7 INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Contractor, its employees, agents, sub-Contractors, or any other person or entity acting under Contractor's control, in connection with the Contractor's performance of the Services pursuant to this Agreement; and to that extent, the Contractor shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. 5 The Contractor's obligation under this Subsection shall not include the obligation to indemnify the City of Miami Beach and its officers, employees and agents, from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the City and its officers, employees and agents. The parties each agree to give the other party prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the other party. 4.8 TERMINATION. SUSPENSION AND SANCTIONS 4.8.1 Termination for Cause If the Contractor shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, the City shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Contractor in writing of its violation of the particular terms of this Agreement and shall grant Contractor seven (7) days to cure such default. If such default remains uncured after seven (7) days, the City, upon three (3) days' notice to Contractor, may terminate this Agreement and the City shall be fully discharged from any and all liabilities, duties and terms arising out of/or by virtue of this Agreement except for amounts due and owing to Contractor with regard to Services satisfactorily performed prior to the period before the effective date of termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Contractor. The City, at its sole option and discretion, shall additionally be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's right and remedies against the defaulting party. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. To the extent allowed by law, the defaulting party waives its right to jury trial and its right to bring permissive counter claims against the City in any such action. Upon termination of this Agreement, all holiday decorations shall become the sole property of the City. 4.8.2 Termination for Convenience of City NOTWITHSTANDING SECTION 4.8.1, THE CITY MAY ALSO, FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THIS AGREEMENT BY GIVING WRITTEN NOTICE TO CONTRACTOR OF SUCH TERMINATION, WHICH SHALL BECOME EFFECTIVE SEVEN (7) DAYS FOLLOWING RECEIPT BY THE CONTRACTOR OF THE WRITTEN TERMINATION NOTICE. IF THE AGREEMENT IS TERMINATED BY THE CITY, PURSUANT TO THIS SUBSECTION 4.8.2, CONTRACTOR SHALL BE PAID IN ACCORDANCE WITH SECTION 3.1, COMPENSATION - FIXED FEE, PROVIDED, HOWEVER, THAT AS A CONDITION PRECEDENT TO SUCH PAYMENT, CONTRACTOR SHALL HAVE DELIVERED ANY AND ALL HOLIDAY DECORATIONS TO CITY, AS REQUIRED HEREIN. 6 4.8.3 Termination for Insolvency The City also reserves the right to terminate the Agreement in the event the Contractor 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 4.8.2. 4.8.4 Sanctions for Noncompliance with Nondiscrimination Provisions In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such sanctions as the City, Miami- Dade County, and / or the State of Florida, as applicable, may determine to be appropriate, including but not limited to, withholding of payments to the Contractor under the Agreement until the Contractor complies and/or cancellation, termination or suspension of the Agreement. In the event the City cancels or terminates the Agreement pursuant to this Subsection the rights and obligations of the parties shall be the same as provided in Section 4.8.2. 4.9 CHANGES AND ADDITIONS Changes and additions to the Agreement shall be directed by a written amendment signed by the duly authorized representatives of the City and Contractor. No alteration, change, or modification of the terms of this Agreement shall be valid unless amended in writing, signed by both parties hereto, and approved by the City Commission of the City. 4.10 OWNERSHIP OF HOLIDAY DECORATIONS The Contractor shall provide the City with all holiday decorations upon expiration or earlier termination of this Agreement, and all holiday decorations shall become the sole property of the City. 4.11 INSURANCE REQUIREMENTS The Contractor shall not commence any work pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City's Risk Manager. The Contractor shall maintain and carry in full force during the term of this Agreement the following insurance: 1. Contractor General Liability in the amount of $1,000,000, naming the City of Miami Beach, Florida, as an additional insured. 2. Automobile Liability in the amount of $1,000,000, naming the City of Miami Beach, Florida, as an additional insured. 3. Workers Compensation & Employers Liability as required pursuant to Florida Statute. 7 4. The insurance must be furnished by insurance companies authorized to do business in the State of Florida and approved by the City's Risk Manager. 5. Original certificates of insurance for the above coverage must be submitted to the City's Risk Manager for approval prior to any work commencing. These certificates will be kept on file in the office of the Risk Manager, 3rd Floor, City Hall. 6. The Contractor is solely responsible for obtaining and submitting all insurance certificates for its sub-Contractors. All insurance policies must be issued by companies authorized to do business under the laws of the State of Florida. The companies must be rated no Jess than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City's Risk Manager. Compliance with the foregoing requirements shall not relieve the Contractor of the liabilities and obligations under this Section or under any other portion of this Agreement, and the City shall have the right to obtain from the Contractor specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required overage. 4.11.1 Endorsements All of Contractor's certificates, above, shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. 4.11.2 Certificates Unless directed by the City otherwise, the Contractor shall not commence any Services pursuant to this Agreement until the City has received and approved, in writing, certificates of insurance showing that the requirements of this Section (in its entirety) have been met and provided for. 4.12 ASSIGNMENT. TRANSFER OR SUBCONTRACTING The Contractor shall not subcontract, assign, or transfer any work under this Agreement in whole or in part, without the prior written consent of the City. 4.13 SUB-CONTRACTORS The Contractor shall be liable for the Contractor's services, responsibilities and liabilities under this Agreement and the services, responsibilities and liabilities of sub-contractors, and any other person or entity acting under the direction or control of the Contractor. When the term "Contractor" is used in this Agreement, it shall be deemed to include any sub-contractors and any other person or entity acting under the direction or control of Contractor. All sub-contractors must be approved in writing by the City prior to their engagement by Contractor. 8 4.14 EQUAL EMPLOYMENT OPPORTUNITY In connection with the performance of this Agreement, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, age, and national origin, place of birth, marital status, physical handicap, or sexual orientation. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during their employment without regard to their race, color, religion, ancestry, sex, age, national origin, place of birth, marital status, disability, or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or termination; recruitment or recruitment advertising; layoff or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. 4.15 CONFLICT OF INTEREST The Contractor agrees to adhere to and be governed by the Metropolitan Miami-Dade County Conflict of Interest Ordinance (No. 72-82), as amended; and by the City of Miami Beach Charter and Code, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the Services. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 4.16 PATENT RIGHTS; COPYRIGHTS Any patentable result arising out of this Agreement, as well as all information, specifications, processes, data and findings, shall be made available to the City for public use. No reports, other documents, articles or devices produced in whole or in part under this Agreement shall be the subject of any application for copyright or patent by or on behalf of the Contractor or its employees or sub-contractors, without the prior written consent of the City. 9 4.17 NOTICES All notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of the Contractor and the City listed below or may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the city of dispatch). Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONTRACTOR: Christmas Designers, Inc. Attn: Kevin Long 3124 NW 16th Terrace Pompano Beach, FI 33064 Attn.: Kevin Long TO CITY: City of Miami Beach Parks and Recreation Department Attn: Kevin Smith Parks and Recreation Director 2100 Washington Avenue Miami, Florida 33139 Notices hereunder shall be effective: If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the day following the date mailed; and if mailed to an address outside the city of dispatch on the seventh day following the date mailed. 4.18 LITIGATION JURISDICTIONNENUE This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND 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. 10 4.19 ENTIRETY OF AGREEMENT This writing and the Services embody the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written with reference to the subject matter hereof that are not merged herein and superceded hereby. The Services and the Proposal Documents are hereby incorporated by reference into this Agreement. 4.20 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $100,000. Contractor hereby expresses its willingness to enter into this Agreement with Contractor's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $1 00,000. Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall not be liable to the Contractor for damages in an amount in excess of $100,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability as set forth in Section 768.28, Florida Statutes. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. C,ity, Clerk . Robert Parcher f Mayor David Dermer FOR CITY: ATTEST: ~d' f~~ By: FOR CONTRACTOR: ATIES~ By: ~ .Q.secre . ~~\~~.~ int Name ~1Y/<S'SJ'rM.~ ()f:..<::.:r(,. 4AS (CONTRACTOR'S NAME) . ~-=-=w _--- /Gv.;p,v lOA:)(, Print Name Attachment: Exhibit A, B, B-1, and C. APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 12 /hi IIIj)~/M'_ ~~ s-c% ~. Date ~\ CERTIFICATE OF INSURANCE tompany indIcated below certifies that the insurance afforded by the policy or policies numbered and ibed below ;s 1n force as of the effec~lve date of this certlficate; This Certif1cate of Insurance does not amend. extend. or otherwise alter the Terms and Conditions of Insurance coverage contained in any policy numbered and described below. CERTIFICATE HOLDER: JOHN ELLIS CITY OF MIAMI BEACH PROCUREMENT DIVISION 1700 CONVENTION CENTER DR MIAMI BEACH. Fl 33139 I I I I I I I I I I I I I r ) Other I.iab; lay 1____ AUTOMOBILE LIABILITY [ J BUSINESS AUTO I TYPE OF INSURANCE I LIABILITY I [X] Liability and I Medical (xpense I [X] Personal and I Advertising Injury! [X) Medical Expenses I [X] F1re Legal I Liabil1ty I I I I I~SURED: CHRISTMAS DESIGNERS INC 3124 NW 16TH TERRACE POMPANO BEACH. FL 33064 - POLICY NUMBER I POLICY I POLICY I & ISSUING CO. IEFF. DATE IEXP. DAn: I 77-PR-S89560-0001 I 06.01-05 I 06-01-06 I NATrONWIOE I I I MUTUAL FIRE I I I INSURANCE CO. I I I I I I I I I ANY ONE PERSON ........... s I I Any One Fire or Explosion $ I I I I I I I I ---------...- lIMITS OF LIABILITY C*LIMITS AT INCEPTION) I I I Any One Occurrence.. . .. ... S LOOO.OOO I : J Any One Person/Org . ...... s 1.000.000 I I: 5.000 I 100.000 ., I : General Aggregate" ....... s 2.000.000 I Prod/Camp Ops Aggregate* $ LOOO.OOO I I I I I I I J I I I I I s 1. 000 . 000 i I I I , I I I , DESCRIPTION OF OPERATIONS/LOCATIONS. VEHICLES/RESTRICTIONS/SPECIAL ITEMS ( J Owned ( ] Hired ( J Non-Owned I ~ I I Bod; ly Injury ! (Each Person) .......... s I (E9Ch Acciaent) . ....... $ I Property Damage r (Each Accident) ........ S I Combir.ed Single L1mit .... S EXCESS LIABILITY 06-01-06 - Each Occurrence .... ...... $ 1.000.000 Prod/Comp Ops/Disease Aggrega te* .......... _ . . [X] Umbrella Form I 1.__- 77-CU.589560-0004 Nationwide Insurance Co. 06-01.05 I r ( ] Workers' I Compensation I and I [ ] Employers' j Liability 1__.- STATUTORY lIMITS BOD!lY INJURY/ACCIDENT ... $ Bodily Injury by Disease fACH EMPLOYEE .......... S Bodily Injury by Disease POLICY LlM[T ........... s -------..--.--- The City of Miami Beach is an additional insured on policy 77-PR-395343-3001 Subject to the provisions of endorsement CAS 4190. Effective Date of Certiflcate; Date Certificate Issued: 06-01-2005 11-07-2005 Authorized Representative: CounterSi9ned ~t; STEPHEN PASSANTE 21065 POWERLINE ROAD IZA BOCA RATON. rL 33433 ..~.: .' .'~: . , CERTIFICATE OF INSURANCE >~ompany 1ndicated below certifies that the insurance afforded by the policy or policies numbered and : ibed below is 1n force as of the effective date of this certHicate. This Certificate of Insurance e not amend. extend. or otherwise alter the Terms and Conditions of Insurance coverage contained in any poliCY numbered and described below. CERTiFICATE HOLDER: JOHN ELLIS CITY OF MIAMI BEACH PROCUREMENT DIVISION 1700 CONVENl'!ON CENTER DR MIAMI BEACH. FL 33139 INSURED: INSTALLATION & DISPLAY SERVICES INC 6740 NW 41ST STREET CORAL SPRINGS. FL 33067 I TYPE OF INSURANCE I LIABILITY I [X] Liability and I Medical Expense I [X] Persona] and I Advertising Injury) [X] Medical Expenses [X] Fi re Lega] liability POLICY NUMBER & ISSUING CO. 77-PR-395343-3001 NATIONWIDE MUTUAL INSURANCE CO. I POLICY POLICY IEFF. DATE IEXP. DATE I I 08-14-05 I 08-14-06 I I i I Any One Occ~rrence..... . . . I i I J I I Any One Person/Org .... I , I I I I ANY ONE PERSON ........ $ I I I Any One Fire or Explos1on S I I I I I I General Aggregate* ....... , I I Prod/Comp Ops A99regate* I I I LIMITS OF lIABILlTY (*LIMITS Ai INCEPTION; I I eX) Owned I [X) Hired r [X] Non-Owned I I I I I I I I I I J J I EXCESS LIABILITY I I 1 $ 1. 000.000 I . I s 1.000.000 I I 5.000 I 100.000 I I s 2.000.000.1 s 1.000.000 I I I I I I ~ I $ I $ 1. 000 .000 I I I I I I I I I I I I I DESCRIPTION OF OPERATIONS/LOcATIONS VEHICLES/RESTRICTIONS/SPECIAL ITEMS [ J Other Liab111ty AUTOMOBILE LlABIL!TY eX) BUSINESS AUTO 77.BA-395343-3003 i o'8-14'05'To8~4'~o6T--~--------"'- NATIONWIDE MUTUAL FIRE INSURANCE CO. I Bodily r njury I (Each Person) .......... $ I (Each Accident) ........ s I Property Damage I (~ach Accident) ........ I Comb i ned S i n9] e L i mH .... Each Occurrence. ...... ... $ Prod/Camp Ups/Disease Aggregate* " ........... $ [ ] Umbrella Form ,-----, STATUTORY LIMITS I I BODILY INJURY/ACCIDENT... S I I Bodlly Injury by Disease I I EACH EMPLOYEE " ........ s I i Bodily Injury by Disease I I POLICY LIMIT... ........ S [ ) Workers' Compensation and [ ) (mployers' Llabi1 i ty -,,~._-- The City of Miami Beach is an additional insured on policy 77-PR-395343-3001 subject to the provisions of endorsement CAS 4190. Effective Date of Certificate: 08-14-2005 Date Certificate Issued; 11-07-2005 Authori zed Rept'esentat i ve: STEPHEN PASSANTE Counters.i 9necl il t;: 21065 POWERll NE ROAD. #2A BOCA RATON. FL 33433 TOTAL P.03 DATE (MMlDD/YY) CERTIFICA TE OF LIABILITY INSURANCE 11/8/2005 ODUCER Serial # 065493 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE JNDON MEEK HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ~11 COURT STREET AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. _EARWATER, Fl 33756 INSURERS AFFORDING COVERAGE NAlC# :URED INSURER A FRANK WINSTON CRUM INSURANCE, INC. INSURER B ~UM RESOURCES IIINC 1-800-277-1620 INSURER C lO S MISSOURI AVENUE INSURER D. _EARW A TER Fl 33756 INSURER E. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSYED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OF OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDmONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ;R ADD'L lYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS -R INSRD DATE (MMlDDIYY) DATE (MMlDDIYY) GENERAL LIABILITY EACH OCCURRENCE $ f-- 5~ERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one nre) $ I-- CLAJMS MADE DOCCUR MED EXP (AnV one person) $ - PERSONAL & I>DV INJURY $ GENERAL AGGREGATE $ GEN'LAGGREGATE LIMIT APPLIES PEhL ~ PRODUCTS - COMP/OP AGG $ npOLlCY nPROJECT LOC 1/1 ~OMOBILE LIABILITY I/It~ V COMBINED SINGLE LIMIT $ (Ea accident) - ANY AUTO ~p1 ALL OWNED AUTOS BODILY INJURY $ ~ (Per person) I-- SCHEDULED AUTOS HJRED AUTOS BODILY INJURY $ I-- (Per aCCident) - NON-OWNED AUTOS PROPERTY DAMAGE $ (Per aCCident) ~GE LIABILITY AUTO ONLY - EAACCIDENT $ /4NY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG$ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ ~OCCUR DCLAlMS MADE AGGREGATE $ $ R~EDUCTIBLE $ RETENTION $ $ WORKERS COMPENSA110N AND EMPLOYERS' I we STATU. I I OTHER LIABILITY WC 5 0000 0000 11112005 111/2006 X TORY LIMITS ANY PROPRIETOR I PARTNER I EXECUl1VE OFFICER I MEMBER EXCLUDED? EL EACH ACCIDENT $ 1,000,000 It yel. describe under $ 1,000,000 SPECIAL PROVISIONS below E L DISEASE - EA EMPLOYEE E.L DISEASE - POLICY LIMIT $ 1,000,000 OTHER :RIPnoN OFOPERAl10NS I LOCA110NS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS IS CERTIFICATE REMAINS IN EFFECT PROVIDED THE CLIENT'S ACCOUNT IS IN GOOD STANDING WITH ~UM RESOURCES IIINC COVERAGE IS NOT PROVIDED FOR ANY EMPLOYEE FOR WHICH THE CLIENT IS NOT REPORTING HOURS CRUM RESOURCES IIINC EFFECTIVE 08/26/2004, APPLIES TO 100% OF THE EMPLOYEES OF CRUM RESOURCES IIINC ASED TO INSTAllATION & DISPLAY, INC. 954-973-0914 tnFICATE HOLDER CITY OF MIAMI BEACH ATTN: JOHN ELLIS 1700 CONVENTION CENTER DR MIAMI BEACH, Fl 33139 CANCELLATION SHOULD AtoN OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION OATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRI1TEN NOTICE TO THE CERTIFICATE HOLDER NAMEO TO THE LEFT, BUT FAILURE TO DO SHALL IMPOSE NO OBLIGATION OR LIABILIlY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE cr- ~ /&1;1' EXHIBIT A PROPOSAL DOCUMENTS 13 Miami Beach AI-Amn:a City , II 11.' CITY OF MIAMI BEACH m ***** REQUEST FOR PROPOSALS (RFP) NO. 28-04/05 FOR THE DESIGN, INSTALLATION, ON-GOING SERVICING AND MAINTENANCE OF A CITYWIDE HOLIDAY DECORATIONS PROGRAM CITY OF MIAMI BEACH PROCUREMENT DIVISION 1700 CONVENTION CENTER DRIVE, THIRD FLOOR MIAMI BEACH, FL 33139 www.miamibeachfl.gov JohnEllis@miamibeachfl.gov PHONE: (305) 673-7490 FAX: (305).673-7851 RFP NO. 28-04/05 DATE: 6/21/05 1 CITY OF MIAMI BEACH CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\www.miamibeachfl.gov m PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 REQUEST FOR PROPOSALS NO. 28-04/05 ADDENDUM NO.3 July 14, 2005 THE DESIGN, INSTALLATION, ON-GOING SERVICING AND MAINTENENACE OF A CITYWIDE HOLIDAY DECORATIONS PROGRAM is amended as follows: I. CHANGE: The deadline for receipt of proposals from July 18, to July 25, 2005 at 3:00 p.m. Inasmuch as this change does not materially affect the bid document, bidders are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\www.miamibeachfl.gov PROCUREMENT DIVISION Telephone (305) 673.7490 Facsimile (305) 673-7851 REQUEST FOR PROPOSALS NO. 28-04/05 ADDENDUM NO.2 July 11,2005 THE DESIGN, INSTALLATION, ON-GOING SERVICING AND MAINTENENACE OF A CITYWIDE HOLIDAY DECORATIONS PROGRAM is amended as follows: I. ADD: The Living Wage Ordinance will apply to this contract. YOU ARE HEREBY ADVISED THAT THIS BID SOLICITATION IS SUBJECT TO THE LIVING WAGE ORDINANCE NO. 2001-3301. ALL EMPLOYEES WHO PROVIDE SERVICES COVERED BY THE BID/PROPOSAL SHALL BE PAID A LIVING WAGE OF NO LESS THAN $8.56 AN HOUR WITH HEALTH BENEFITS, OR A LIVING WAGE OF NO LESS THAN $9.81 AN HOUR WITHOUT HEALTH BENEFITS. Detailed representation of this and all ordinances can be found on the City of Miami Beach WebSite at http://www.miamibeachfl.gov/newcity/ depts/purchaselbid intro.asp ADD: Firms submitting a proposal shall submit a copy of the Electrical Contractor License(s) of the contractor/person(s) that will be responsible for pulling any/all electrical permits required for providing the Scope of Services. This must be submitted with the proposal or within 5 calendar days upon request from the Procurement Division Office. ADD: The Inventory List below identifies the existing City owned holiday decorations held in storage by the current vendor (Initial Tropical Plants Inc.). 170 ea. 1 ea. 13 ea. 18 ea. 14 ea. 318 ea. 8' Falling Star Pole Mounts Seasons Greetings Sign Snowflake Street Spans - each span is 7 separate pieces. 24" Golden Mylar bows 36" Gold Mylar bows Garland ADD: A Site Visit for prospective firms to view the existing holiday decorations is hereby scheduled for July 13,2005 from 10:00 a.m. thru 1:00 p.m. The storage site is located at the following address: 13901 SW 1420d Avenue Miami, FI33186 RFP #28-04/05 ADDENDUM #1 PAGE 2 II. OUESTIONS AND ANSWERS Q. We are inquiring about the availability of functional electrical power outlets at the locations listed below. Ifno electrical power is presently in place, is it feasible that it could be by November 15, 2005? 1) 5th St @ Alton Rd A. There is no electrical power at this time however the City will supply electrical power by November 2005. 2) Lummus Park - Art Deco Welcome Center Building A. If this is the 10th Street Auditorium Building, it DOES have electrical power. 3) 41 St @ 1-95 exit A. Miami Dade County will not allow the City to hook-up to their electrical system. 4) 71 St @ Normandy Isle entrance A. There is electrical power. 5) Normandy Fountain (not the trees) A. There is electrical power at the entrance sign/fountain. 6) North Shore Park Youth Center A. There is electrical power. 7) Scott Rakow Youth Center A. There is electrical power. 8) City Hall A. There is existing electrical power for the palm tress. 9) 71 St Light poles A. There is existing electrical power for the light poles. 10) Washington Ave, 5th to Lincoln Rd A. Electrical power does exist however this area is under construction therefore there will be no holiday decorations at this location this year. 11) Collins Ave, 39th St to 58th St A. Miami Dade County will not allow the City to hook-up to their electrical system. 12) Collins Ave, 61 st St to 76th St A. There is existing electrical power on the City owned poles. RFP #28-04/05 ADDENDUM #1 PAGE 3 13) Bus shelter roof@ 73rd 8t band shell A. Miami Dade County will not allow the City to hook-up to their electrical system. 14) 41st 8t light poles - Will FDOT allow upgrading or maintenance on the existing electrical receptacles by them or the City of Miami Beach? A. No. Miami Dade County will not allow the City to hook-up to their electrical system. NOTE: None of the locations have exterior receptacles. The successful firm will be required to pull the permit(s) before determination of where the receptacles would need to be located and how much electrical power will be required at any/all locations listed. Proposers/Bidders are reminded to please acknowledge receipt of this addendum with their proposals/bids or the proposal/bid may be considered non-responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director Powered by BidNet's E-Procurement System Page 1 of 1 Addendum Notice #1 Please review the information below and make a note of this change. Be sure to print this addendum and include it with the original RFP document, if you are responding to this opportunity. All responses must be received by 7/25/2005 3:00 PM E.S.T. Oriainal Document Information: IRFP Title: IIHOLlDAV DECORATIONS IRFP Number: IIRFP-28-04-05 IClose Date: 116/30/2005 @ 3:00 PM Addendum Information Issued 6/22/2005: ISummary: IIAddendum # 1 I INew Close Date: liVes: 7/18/2005 @ 3:00 PM I ICancelling Document: IINo I IDetails: IICHANGE OF CLOSING DATE I If you have any questions regarding this change please call Mr. John Ellis, City of Miami Beach at (305) 673 _ 7000 Ext. 6635. Thank you for your continued participation. Please use your back button at the top of the page to return to the notice... h g b c c hf bee e CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov - PROCUREMENT DIVISION Telephone (305) 673-7490 Facsim,iIe (305) 673-7851 Request for Proposals (RFP) No. 28-04/05 Sealed Proposals will be received by the City of Miami Beach (the "City"), Procurement Division, Third Floor, 1700 Convention Center Drive, Miami Beach, Florida, 33139, on July 18, 2005 until 3:00 p.m. for: THE DESIGN, INSTAllATION, ON-GOING SERVICING AND MAINTENANCE OF A CITYWIDE HOLIDAY DECORATIONS PROGRAM At time, date, and place above, Proposals will be publicly opened. ANY PROPOSAL RECEIVED AFTER TIME AND DATE SPECIFIED WILL BE RETURNED TO THE PROPOSER UNOPENED. The City of Miami Beach is seeking to enter into an agreement with a Contractor that will be responsible for the installation, inspection and on-going servicing of all decorations during the season (Mid-November - early January with actual dates to be determined by the City annually), annual maintenance (including replacement of lamps), removal, and storage of the Holiday Decorations during a three (3) year lease period. At the end of the three (3) year lease period, the Holiday Decorations will become property of the City of Miami Beach. A PRE-RFP SUBMISSION MEETING IS SCHEDULED FOR JUNE 30, 2005 AT 10:30 A.M. IN THE CITY MANAGER'S LARGE CONFERENCE ROOM LOCATED ON THE 4TH FLOOR OF CITY HALL, AT 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA. Attendance at the aforementioned pre-RFP submission meeting is NOT mandatory, but strongly encouraged as a source of important information. The City has contracted with BidNet as our electronic procurement service for automatic notification of bid opportunities and document fulfillment. We encourage you to participate in this bid notification system. To find out how you can receive automatic bid notifications or to obtain a copy of this RFP, go to www.aovbids.com/scripts/southflorida/public/home1.asp or call toll-free 1-800-677-1997 ext. 214. RFP NO. 28-04/05 DATE: 6/21/05 2 CITY OF MIAMI BEACH Any questions or clarifications concerning this RFP shall be submitted in writing by mail or facsimile to the Procurement Division, Attention: Pamela Leja, 1700 Convention Center Drive, Miami Beach, FL 33139, or FAX: (305) 673-7851, or e-mail: JohnEllis@miamibeachfl.Qov. All responses to questions/clarifications will be sent to all prospective proposers in the form of an addendum. The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of Miami Beach may reject any and all proposals or bids. YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS SUBJECT TO THE "CONE OF SILENCE, " IN ACCORDANCE WITH ORDINANCE NO. 2002-3378. A COPY OF ALL WRITTEN COMMUNICA TION(S) REGARDING THIS PROPOSAL MUST BE FILED WITH THE CITY CLERK. YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS SUBJECT TO THE "CODE OF BUSINESS ETHICS" IN ACCORDANCE WITH RESOLUTION NO. 2000-23879. YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS SUBJECT TO THE CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000- 3234. YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS SUBJECT TO THE BID SOLICITATION PROTEST ORDINANCE NO. 2002-3344. YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR BID IS SUBJECT TO THE CAMPAIGN CONTRIBUTIONS BY VENDORS ORDINANCE NO. 2003-3389. LOBBYIST, PURSUANT TO THE CITY CODE, YOU ARE REQUIRED TO REGISTER AS A LOBBYIST, AND AS OF MAY 18, 2002, ACCORDING TO ORDINANCE NO. 2002-3363, ALL LOBBYISTS AND PRINCIPALS MUST FILE A FINANCIAL DISCLOSURE STATEMENT WITH THE CITY CLERK'S OFFICE. Detailed representation of all these ordinances can be found on the City of Miami Beach Website at http://www. miamibeachfl. gov/newcity /depts/purchase/bidintro. asp CITY OF MIAMI BEACH Gus Lopez, CPPO, CPPB Procurement Director RFP NO. 28-04/05 DATE: 6/21/05 3 CITY OF MIAMI BEACH PROCUREMENT DIVISION CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov Telephone (305) 673-7490 Facsimile (305) 673-7851 RFP No. 28-04/05 I NOTICE TO PROSPECTIVE PROPOSERS NO PROPOSAL If not submitting a proposal at this time, please detach this sheet from the RFP documents, complete the information requested, and return to the address listed above. NO PROPOSAL SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED: _Our company does not handle this type of product/service. _We cannot meet the specifications nor provide an alternate equal product. _Our company is simply not interested in bidding at this time. _Due to prior commitments, I was unable to attend pre-proposal meeting. _ OTHER (Please specify) We do _ do not _ want to be retained on your mailing list for future bids for the type or product and/or service. Signature: Title: Company: Note: Failure to respond, either by submitting a proposal.Q! this completed form, may result in your company being removed from the City's bid list. RFP NO. 28-04/05 DATE: 6/21/05 4 CITY OF MIAMI BEACH TABLE OF CONTENTS SECTION Paae(s) I. OVERVIEW AND PROPOSAL PROCEDURES 6-11 II. SCOPE OF SERVICES 12 III. PROPOSAL FORMAT 13 IV. EV ALUA TION CRITERIA 14-15 V. GENERAL PROVISIONS 16-17 VI. SPECIAL TERMS AND CONDITIONS RE: INSURANCE 18-19 VII. PROPOSAL DOCUMENTS TO BE COMPLETED AND RE'rURNED TO THE CITY 20-28 RFP NO. 28-04/05 DATE: 6/21/05 5 CITY OF MIAMI BEACH SECTION I - OVERVIEW AND PROPOSAL PROCEDURES: A. INTRODUCTION/BACKGROUND The City's existing contract to provide holiday lighting installation and service, expires on November 23, 2005. The contract addresses holiday decorations/lighting at the following areas: Alton Road at 5th Street, 5th Street between Alton Road and Ocean Drive, Ocean Drive from 5th Street to 15th Street, Washin~on Avenue from 5th Street to Lincoln Road, Lincoln Road Mall, Collins Avenue from 39 Street to 58th Street, Collins Avenue from 61st Street to 76th Street, Normandy Fountain Area - 71st Street, and 41st Street. The current budget allocated for this contract is $150,000 annually. In the last two (2) years, the City has experienced difficulty in some corridors with power supply from the County controlled light poles that have limited the holiday lighting effort. In addition, concerns have been raised by the community as to the overall program. The expiration of the current holiday decorations contract provides an opportunity to explore the current program as well as to expand the program. The expanded scope of service will provide staff with flexibility in the contract for site selection, program growth, cost negotiation and maintenance/inspection issues. The overall program will address the goal of installing holiday decorations and fighting displays which are unique to the City of Miami Beach. B. RFP TIMETABLE The anticipated schedule for this RFP and contract approval is as follows: Pre-Proposal Submission Meeting June 30,2005 at 10:30 a.m. Deadline for receipt of questions July 8, 2005 by 5:00 p.m. Deadline for receipt of Proposals July 18, 2005 by 3:00 p.m. Evaluation Committee meeting July 2005 Commission Acceptance of City Manager's September 2005 Recommendation, and Authorization to Enter Into Negotiations, and Contract Award RFP NO. 28-04/05 DATE: 6/21/05 6 CITY OF MIAMI BEACH C. PROPOSAL SUBMISSION An original and ten (10) copies of complete proposal must be received by July 18. 2005 by 3:00 p.m. and will be opened on that day at that time. The original and all copies must be submitted to the Procurement Division in a sealed envelope or container stating on the outside the Proposer's name, address, telephone number, RFP number and title. and proposal due date. The responsibility for submitting a response to this RFP to the Procurement Division on or before the stated time and date will be solely and strictly that of the Proposer. The City will in no way be responsible for delays caused by the U.S. Post Office or caused by any other entity or by any occurrence. PROPOSALS RECEIVED AFTER THE PROPOSAL DUE DATE AND TIME WILL NOT BE ACCEPTED AND WILL NOT BE CONSIDERED. D. PRE-PROPOSAL SUBMISSION MEETING A PRE-RFP submission conference has been scheduled as follows: Date: June 30, 2005 Time: 10:30 a.m. Place: City Manager's Large Conference Room located at City Hall, 1700 Convention Center Drive, 4th Floor, Miami Beach, Florida, 33139. E. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA The contact person for this RFP is John Ellis at phone: 305-673-7490; fax: 305- 673-7851; or e-mail: JohnEllis@miamibeachfl.gov. Communications between a proposer, bidder, lobbyist or consultant and the Procurement Division is limited to matters of process or procedure. Requests for additional information or clarifications must be made in writing to the Procurement Coordinator, with a copy to the City Clerk, no later than the date specified in the RFP timetable. The City will issue replies to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the deadline for responding to the RFP. Proposers should not rely on representations, statements, or explanations other than those made in this RFP or in any written addendum to this RFP. Proposers should verify with the Procurement Division prior to submitting a proposal thatall addenda have been received. F. MODIFICATIONIWITHDRAWALS OF PROPOSALS A Proposer may submit a modified proposal to replace all or any portion of a previously submitted proposal up until the proposal due date and time. Modifications received after the proposal due date and time will not be considered. RFP NO. 28-04/05 DATE: 6/21/05 7 CITY OF MIAMI BEACH Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the proposal due date or after expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal recelved after the proposal due date and before said expiration date and letters of withdrawal received after contract award will not be considered. G. RFP POSTPONEMENT/CANCELLA TION/REJECTION The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, Proposals; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP, or in any Proposals received as a result of this RFP. H. COSTS INCURRED BY PROPOSERS All expenses involved with the preparation and submission of Proposals to the City, or any work performed in connection therewith, shall be the sole responsibility of the Proposer(s) and shall not be reimbursed by the City. I. EXCEPTIONS TO RFP Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what alternative is being offered. The City, at its sole and absolute discretion, may accept or reject the exceptions. In cases in which exceptions are rejected, the City may require the Proposer to furnish the services or goods originally described, or negotiate an alternative acceptable to the City. J. SUNSHINE LAW Proposers are hereby notified that all information submitted as part of a response to this RFP will be available for public inspection after opening of Proposals, in compliance with Chapter 286, Florida Statutes, known as the "Government in the Sunshine Law". K. NEGOTIATIONS The City may award a contract on the basis of initial offers received, without discussion, or may require Proposers to give oral presentations based on their Proposals. The City reserves the right to enter into negotiations with the top- ranked Proposer, and if the City and the top-ranked Proposer cannot negotiate a mutually acceptable contract, the City may terminate the negotiations and begin negotiations with the second-ranked Proposer. This process may continue until a contract has been executed or all Proposals have been rejected. No Proposer shall have any rights in the subject project or property or against the City arising from such negotiations. RFP NO. 28-04/05 DATE: 6/21/05 8 CITY OF MIAMI BEACH l. PROTEST PROCEDURE Proposers that are not selected may protest any recommendation for selection of award in accordance with City of Miami Beach Ordinance No. 2002-3344 which establishes procedures for resulting protested RFP's selection for awards. Protest not timely pursuant to the requirements of Ordinance No. 2002- 3344 shall be barred. M. RULES; REGULATIONS; LICENSING REQUIREMENTS Proposers are expected to be familiar with, and comply with, all Federal, State and local laws, ordinances, codes, and regulations that may in any way affect the services offered, including the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines. Ignorance on the part of the Proposer will in no way relieve it from responsibility for compliance. N. DEFAULT Failure or refusal of a Proposer to execute a contract following award by the City Commission, or untimely withdrawal of a proposal before such award is made and approved, may result in forfeiture of that portion of any surety required as liquidated damages to the City. Where surety is not required, such failure may result in a claim for damages by the City and may be grounds for removing the Proposer from the City's vendor list. O. CONFLICT OF INTEREST All Proposers must disclose with 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 or any of its affiliates. P. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS All Proposers are expected to be or become familiar with all City of Miami Beach Lobbyist laws, as amended from time to time. Proposers shall ensure that all City of Miami Beach Lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed herein, in addition to disqualification of their Proposals, in the event of such non-compliance. RFP NO. 28-04/05 DATE: 6/21/05 9 CITY OF MIAMI BEACH Q. PROPOSER'S RESPONSIBILITY Before submitting proposal, each Proposer shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will not relieve the successful Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract documents, and will not be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the Proposer. R. RELATION OF CITY It is the intent of the parties hereto that the successful Proposer be legally considered to be an independent contractor and that neither the Proposer nor the Proposer's employees and agents shall, under any circumstances, be considered employees or agents of the City. S. PUBLIC ENTITY CRIME (PEC) A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. T. CONE OF SILENCE Pursuant to Section 2-486 of the City Code, entitled Cone of Silence, you are hereby advised that the Cone of Silence requirements listed herein shall apply. U. DEBARMENT ORDINANCE Proposers are hereby advised that this RFP is further subject to City of Miami Beach Ordinance No. 2000-3234 (Debarment Ordinance). Proposers are strongly advised to review the City's Debarment Ordinance. Debarment may constitute grounds for termination of the contract, as well as, disqualification from consideration on any City of Miami Beach RFP, RFQ, RFLI, or bid. RFP NO. 28-04/05 DATE: 6/21/05 10 CITY OF MIAMI BEACH V. PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS Pursuant to Section 38-6 of the City Code, no person who is a vendor to the City shall give a campaign contribution directly, or through a member of the person's immediate family, or through a political action committee, or through any other person, to a candidate, or to the campaign committee of a candidate, for the offices of mayor or commissioner. No candidate, or campaign committee of a candidate for the offices of mayor or commissioner, shall solicit or receive any campaign contribution from a person who is a vendor to the City, or through a member of the person's immediate family, or through a political action committee, or through any other person on behalf of the person. This prohibition applies to natural persons and to persons who hold a controlling financial interest in business entities. W. CODE OF BUSINESS ETHICS Pursuant to 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 Division with your bid/response or within five days upon receipt of request. The Code shall, at a minimum, require your firm or you as a sole proprietor, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City Code. X. AMERICAN WITH DISABiliTIES ACT Call 305-673-7490NOICE to request material in accessible format; sign language interpreters (five days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance please call Heidi Johnson Wright, Public Works Department, at 305-673-7080. Y. ACCEPTANCE OF GIFTS, FAVORS, SERVICES Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the city shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. RFP NO. 28-04/05 DATE: 6/21/05 11 CITY OF MIAMI BEACH SECTION II . SCOPE OF SERVICES A. GENERAL The work specified in this section consists of furnishing all labor, machinery, tools, means of transportation, supplies, equipment, materials, services and all incidentals necessary to provide complete Holiday Decorations as specified herein. It is the goal of the City to establish a holiday decorations program that will encompass the following objectives: * Evaluate potential sites identified by the City that when decorated would have substantial impact on a large number of our residents, tourists and day visitors. These areas could include but not be limited to the following sites: Major entry points to the City (5th Street, 41st Street, 71st Street). * * Feature sites - North Shore Park Youth Center, Scott Rakow Youth Center and City Hall. Sites that were decorated in past years including Alton Road at 5th Street, 5th Street between Alton Road and Ocean Drive, Ocean Drive from 5th Street to 15th Street, Washington Avenue from 5th Street to Lincoln Road, Lincoln Road Mall, Collins Avenue from 39th Street to 58th Street, Collins Avenue from 61st Street to 76th Street, Normandy Fountain Area-71st Street, and 41st Street. * * Planning consideration should also be given for additional lighting at each site or at additional sites in future years. * Based on the site evaluations design/develop individual non-sectarian holiday decorations concepts for the sites selected. Concepts should represent scenarios based on annual citywide budgets of $200,000, $500,000, $700,000 and $1 million. * Plan should include and address all electrical power needed to service the decorations. A twenty four (24) hour dedicated contact with an expected maintenance response time will be required. * Contractor will be responsible for the installation, inspection and on-going servicing of all decoration during the season (Mid-November - early January with actual dates to be determined by the City annually), annual maintenance (including replacement of lamps), removal, and storage of the Holiday Decorations during a three (3) year lease period. At the end of the three (3) year lease period, the Holiday Decorations will become property of the City of Miami Beach. * Contractor shall inspect the City's current holiday lighting inventory and repair all usable City owned fixtures, decorations, materials, etc. before the City begins ordering/purchasing additional holiday decorations. 12 CITY OF MIAMI BEACH RFP NO. 28-04/05 DATE: 6/21/05 SECTION III - PROPOSAL FORMAT The items marked by an asterisk (*) are required as part of the Proposal. If these items are omitted, Proposer must submit within five (5) calendar days upon request from the City, or the Proposal shall be deemed non-responsive. All other items must be submitted with the Proposal or it will be deemed non-responsive. 1. *Table of Contents Outline in sequential order the major areas of the proposal, including enclosures. All pages must be consecutively numbered and correspond to the table of contents. 2. *ProDosal Points to Address: Proposer must respond to all minimum requirements listed below. Proposals which do not contain such documentation may be deemed non-responsive. · *Introduction letter designating areas of proposed services and sufficient information as to the qualifications of the submitter. Interested firms should submit documents that provide evidence of capability to provide the services required for this project as a submittal package. · *Respondents must provide documentation which demonstrates their ability to satisfy all of the RFP requirements. · *Client references. List eight client references (name, title, company, address, telephone, email and fax) our Committee members may communicate with regarding your services. 3. Price ProDosal: Submit the proposed fee structure relative to the responsibilities listed in the scope of services. 4. Acknowledgment of Addenda (IF REQUIRED BY ADDENDUM) and Proposer Information forms; 5. *Any other document required by this RFP RFP NO. 28-04/05 DATE: 6/21/05 13 CITY OF MIAMI BEACH MINIMUM REQUIREMENTS I QUALIFICATIONS: ALL FIRMS THAT SUBMIT A PROPOSAL FOR CONSIDERATION MUST MEET THE MINIMUM QUALIFICATIONS AS PROVIDED BELOW. IF THE MINIMUM QUALIFICATIONS ARE NOT MET, THE PROPOSAL MAY BE REJECTED. PROPOSALS WILL BE CONSIDERED ONLY FROM VENDORS THAT ARE REGULARLY ENGAGED IN THE BUSINESS OF PROVIDING THE SERVICES AS DESCRIBED IN THIS PROPOSAL. Prospective firms must have a minimum of three (3) years experience in the design, installation and maintenance of Holiday Decorations and submit a minimum of four separate completed projects, of $50,000.00 or more for a Scope of Work similar to the one specified above. The Contractor must be a State of Florida Certified Electrical Contractor and an Electrical permit must be obtained from the City of Miami Beach Building I Electrical Department, and present any other required licenses in order to obtain all required permits for the completion of this Project. RFP NO. 28-04/05 DATE: 6/21/05 14 CITY OF MIAMI BEACH SECTION IV - EVALUATION CRITERIA The procedure for proposal evaluation and selection is as follows: 1. Request for Proposals issued. 2. Receipt of proposals. 3. Opening and listing of all proposals received. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each proposal in accordance with the requirements of this RFP. If further information is desired, proposers may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5. The Evaluation Committee shall recommend to the City Manager the proposal or proposals acceptance of which the Evaluation Committee deems to be in the best interest of the City. Evaluation Criteria/Factors: Weight Creativity/quality of design concepts and proposed decorations: 40% Best value of decorations to the City: 20% Ability, capacity and skill of the bidder to provide the services: 20% Character, integrity, reputation, judgment, experience and efficiency of the bidder: 10% Past experience and proven quality of performance on previous contracts for similar services: 10% Total: 100 % 6. After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend to the City Commission the proposal or proposals acceptance of which the City Manager deems to be in the best interest of the City. 7. The City Commission shall consider the City Manager's recommendation(s) in light of the recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve the City Manager's recommendation( s). RFP NO. 28-04/05 DATE: 6/21/05 15 CITY OF MIAMI BEACH The City Commission may reject City Manager's recommendation(s) and select another proposal or proposals. In any case, City Commission shall select the proposal or proposals acceptance of which the City Commission deems to be in the best interest of the City. The City Commission may also reject all proposals. 8. Negotiations between the selected proposer and the City Manager take place to arrive at a contract. If the City Commission has so directed, the City Manager may proceed to negotiate a contract with a proposer other than the top-ranked proposer if the negotiations with the top-ranked proposer fail to produce a mutually acceptable contract within a reasonable period of time. 9. A proposed contract or contracts are presented to the City Commission for approval, modification and approval, or rejection. 10. If and when a contract or contracts acceptable to the respective parties is approved by the City Commission, the Mayor and City Clerk sign the contract(s) after the selected proposer(s) has (or have) done so. . Important Note: By submitting a proposal, all proposers shall be deemed to understand and agree that no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. RFP NO. 28-04/05 DATE: 6/21/05 16 CITY OF MIAMI BEACH SECTION V . GENERAL PROVISIONS A. ASSIGNMENT The successful proposer shall not enter into any sub-contract, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this contract, or of any or all of its right, title, or interest therein, or its power to execute such contract to any person, firm, or corporation without prior written consent of the City. Any unauthorized assignment shall constitute default by the successful proposer. B. INDEMNIFICATION The successful proposer shall be required to agree to indemnify and hold harmless the City of Miami Beach and its officers, employees, and agents, from and against any and all actions, claims, liabilities, losses and expenses, including but not limited to attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen from the negligent acts or omissions or other wrongful conduct of the successful proposer, its employees, or agents in connection with the performance of service pursuant to the resultant Contract; the successful proposer shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs expended by the City in the defense of such claims and losses, including appeals. C. TERMINATION FOR DEFAULT If through any cause within the reasonable control of the successful proposer, it shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to the Agreement, the City shall thereupon have the right to terminate the services then remaining to be performed by giving written notice to the successful proposer of such termination which shall become effective upon receipt by the successful proposer of the written termination notice. In that event, the City shall compensate the successful proposer in accordance with the Agreement for all services performed by the proposer prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful proposer shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the proposer, and the City may reasonably withhold payments to the successful proposer for the purposes of set off until such time as the exact amount of damages due the City from the successful proposer is determined. RFP NO. 28-04/05 DATE: 6/21/05 17 CITY OF MIAMI BEACH D. TERMINATION FOR CONVENIENCE OF CITY The City may, for its convenience, terminate the services then remaining to be performed at any time without cause by giving written notice to successful proposer of such termination, which shall become effective thirty (30) days following receipt by proposer of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the Agreement is terminated by the City as provided in this section, the City shall compensate the successful proposer in accordance with the Agreement for all services actually performed by the successful proposer and reasonable direct costs of successful proposer for assembling and delivering to City all documents. No compensation shall be due to the successful proposer for any profits that the successful proposer expected to earn on the balanced of the Agreement. Such payments shall be the total extent of the City's liability to the successful proposer upon a termination as provided for in this section. RFP NO. 28-04/05 DATE: 6/21/05 18 CITY OF MIAMI BEACH SECTION VI- SPECIAL TERMS AND CONDITIONS INSURANCE: Successful Proposer shall obtain, provide and maintain during the term of the Agreement the following types and amounts of insurance which shall be maintained with insurers licensed to sell insurance in the State of Florida and have a B+ VI or higher rating in the latest edition of AM Best's Insurance Guide. Any exceptions to these requirements must be approved by the City's Risk Management Department: Commercial General Liability. A policy including, but not limited to, comprehensive general liability including bodily injury, personal injury, property damage in the amount of a combined single limit of not less than $1,000,000. Coverage shall be provided on an occurrence basis. The City of Miami Beach must be named as certificate holder and additional insured on policy. Automobile Liability. A policy including, but not limited to, automobile liability including bodily injury, personal injury, property damage in the amount of a combined single limit of not less than $1,000,000. Coverage shall be provided on an occurrence basis. The City of Miami Beach must be named as certificate holder and additional insured on policy. Worker's Compensation. A policy of Worker's Compensation and Employers Liability Insurance in accordance with State worker's compensation laws as required per Florida Statutes. Said policies of insurance shall be primary to and contributing with any other insurance maintained by Selected Proposer or City, and shall name the City and the officers, agents and employees of said organizations as additional insured while acting within the scope of their duties but only as to work performed by the Selected Proposer under this Agreement. This policy cannot be canceled without thirty (30) days prior written notice to the City. The Selected Proposer shall file and maintain certificates of all insurance policies with the City's Risk Management Department showing said policies to be in full force and effect at all times during the course of the Agreement. No work shall be done by the Architect during any period when it is not covered by insurance as herein required. Such insurance shall be obtained from brokers of carriers authorized to transact insurance business in Florida and satisfactory to City. Evidence of such insurance shall be submitted to and approved by City prior to commencement of any work or tenancy under the proposed Agreement. RFP NO. 28-04/05 DATE: 6/21/05 19 CITY OF MIAMI BEACH If any of the required insurance coverages contain aggregate limits, or apply to other operations or tenancy of selected Proposer outside the proposed Agreement, selected Proposer shall give City prompt written notice of any incident, occurrence, claim settlement or judgment against such insurance which may diminish the protection such insurance affords the City. Selected Proposer shall further take immediate steps to restore such aggregate limits or shall provide other insurance protection for such aggregate limits. FAILURE TO PROCURE INSURANCE: Selected Proposer's failure to procure or maintain required insurance program shall constitute a material breach of Agreement under which City may immediately terminate the proposed Agreement. RFP NO. 28-04/05 DATE: 6/21/05 20 CITY OF MIAMI BEACH SECTION VII - PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED TO THE CITY 1. Proposer Information 2. Acknowledgment of Addenda 3. Fee Proposal Form (TO BE SUBMITTED ON COMPANY LETTERHEAD) 4. Declaration 5. Questionnaire RFP NO. 28-04/05 DATE: 6/21/05 21 CITY OF MIAMI BEACH PROPOSER INFORMATION Submitted by: Proposer (Entity): Signature: Name (Typed): Address: City/State: Telephone: Fax: It is understood and agreed by Proposer that the City reserves the right to reject any and all Proposals, to make awards on all items or any items according to the best interest of the City, and to waive any irregularities in the RFP or in the Proposals received as a result of the RFP. It is also understood and agreed by the Proposer that by submitting a proposal, Proposer shall be deemed to understand and agree than no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. (Authorized Signature) (Date) (Printed Name) RFP NO. 28-04/05 DATE: 6/21/05 22 CITY OF MIAMI BEACH ACKNOWLEDGMENT OF ADDENDA REQUEST FOR PROPOSALS NO. 28-04/05 Directions: Complete Part lor Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFP: Addendum No.1, Dated Addendum No.2, Dated Addendum No.3, Dated Addendum No.4, Dated Addendum No.5, Dated Part II: No addendum was received in connection with this RFP. Verified with Procurement staff Name of Staff Member Date Proposer - Name Date Signature RFP NO. 28-04/05 DATE: 6/21/05 23 CITY OF MIAMI BEACH DECLARATION TO: Jorge M. Gonzalez City Manager City of Miami Beach, Florida Submitted this day of ,2005. The undersigned, as Proposer, declares that the only persons interested in this proposal are named herein; that no other person has any interest in this proposal or in the contract to which this proposal pertains; that this proposal is made without connection or arrangement with any other person; and that this proposal is in every respect fair and made in good faith, without collusion or fraud. The Proposer agrees if this proposal is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the Proposer and the City of Miami Beach, Florida, for the performance of all requirements to which the proposal pertains. The Proposer states that this proposal is based upon the documents identified by the following number: RFP No. 28-04/05 SIGNATURE PRINTED NAME TITLE (IF CORPORATION) RFP NO. 28-04/05 DATE: 6/21/05 24 CITY OF MIAMI BEACH QUESTIONNAIRE Proposer's Name: Principal Office Address: Official Representative: Individual Partnership (Circle One) Corporation If a CorDoration. answer this: When Incorporated: In what State: If a Foreian CorDoration: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Vice-President's Name: Treasurer's Name: RFP NO. 28-04/05 DATE: 6/21/05 25 CITY OF MIAMI BEACH Members of Board of Directors: If a Partnership: Date of organization: General or Limited Partners: Name and Address of Each Partner: NAME ADDRESS * Designate general partners in a Limited Partnership I. Number of years of relevant experience in operating similar business: 2. Have any similar agreements held by Proposer ever been canceled? Yes ( ) No ( ) If yes, give details on a separate sheet. RFP NO. 28-04/05 DATE: 6/21/05 26 CITY OF MIAMI BEACH Questionnaire (continued) 3. Has the Proposer or any principals of the applicant organization failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last 5 years? If yes, please explain: 4. Has the Proposer or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? Yes ( ) No ( ) If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary on a separate sheet. 5. Person or persons interested in this bid and Qualification Form have ( ) have not ( ) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten percent (10%). (Strike out inappropriate words) Explain any convictions: 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: A. List all pending lawsuits: RFP NO. 28-04/05 DATE: 6/21/05 27 CITY OF MIAMI BEACH B. List all judgments from lawsuits in the last five (5) years: C. List any criminal violations and/or convictions of the Proposer and/or any of its principals: 7. Conflicts of Interest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this proposal: (If none, state same.) 8. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Proposals have any association or relationships which would constitute a conflict of interest, either actual or perceived, with any Proposer and/or individuals and entities comprising or representing such Proposer, and in an attempt to ensure full and complete disclosure regarding this contract, all Proposers are required to disclose all persons and entities who may be involved with this Proposal. This list shall include public relation firms, lawyers and lobbyists. The Procurement Division shall be notified in writing if any person or entity is added to this list after receipt of Proposals. (Use additional sheet if needed) RFP NO. 28-04/05 DATE: 6/21/05 28 CITY OF MIAMI BEACH The Proposer understands that information contained in this Questionnaire will be relied upon by the City in awarding the proposed Agreement and such information is warranted by the Proposer to be true. The undersigned Proposer agrees to furnish such additional information, prior to acceptance of any proposal relating to the qualifications of the Proposer, as may be required by the City Manager. The Proposer further understands that the information contained in this questionnaire may be confirmed through a background investigation . conducted by the Miami Beach Police Department. By submitting this questionnaire the Proposer agrees to cooperate with this investigation, including but not necessarily limited to fingerprinting and providing information for credit check. WITNESS: IF INDIVIDUAL: Signature Signature Print Name Print Name WITNESS: IF PARTNERSHIP: Signature Print Name of Firm Print Name Address By: General Partner Print Name WITNESS: IF CORPORATION: Signature Print Name of Corporation Print Name Address By: (CORPORATE SEAL) President Attest: Secretary RFP NO. 28-04/05 DATE: 6/21/05 29 CITY OF MIAMI BEACH CITY OF MIAMI BEACH RFP NO. 28-04/05 DATE: 6/21/05 TABLE OF CONTENTS Introduction Letter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Page 2 References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Page 3 Response to Addendum Number 2 .................................. Page 4 Price Proposal ............................................... Page 5 - 12 Signed Bid Documents . . . . . . . . . . Prenumbered by City of Miami Beach Page 22 - 29 Enclosures Design Narrative Artwork Documentation of Capabilities - Creative Concepts Page 1 Holiday Decorations for City of Miami Beach RFP No. 28-04/05 Dated June 21, 2005 Christmas Designers, Inc. is a family owned and operated company that has been involved in the South Florida business community since 1979. The Company has always maintained a reputation for providing only the highest quality products and services. Christmas Designers has over 25 years experience in the provision, installation, removal, related electrical work, storage and maintenance of displays. Christmas Designers has a design/management team with an average tenure of 15 years with the company. Kevin and Clayton Long, the principals of Christmas Designers, have been directly in charge of all aspects related to the provision of said qualifications. Page 2 REFERENCES City of Weston * Jeff Skidmore Weston Community Center 20200 Saddle Club Road Weston, FL 33327 (954) 389-4321 Maroone Auto Plaza * Bobby Yoxall, General Manager 8600 Pines Blvd. Pembroke Pines, FL 33024 (954) 433-3304 City of Coral Gables * Eugene Bitteker P. O. Box 141549 Coral Gables, FL 33114 (305) 460-5103 Town of Palm Beach Joseph Ugi P. O. Box 2029 Palm Beach, FL 33480 Mr. Joseph Ugi (561) 838-5440 Gaylord Palms * Wynn Merryman 6000 W. Osceola Parkway Kissimmee, FL 34746 (407) 586-0318 City of Lighthouse Point John Trudel 2200 NE 38th St. Lighthouse Point, FL 33064 (954) 785-3439 Diplomat Hotel and Resort * Michelle Levous-Schulman 355 S. Ocean Dr. Hollywood, FL 33019 (954) 883-4100 * Denotes over $50,000 project Page 3 In response to Addendum NO.2 dated July 11,2005, Jason Woodward, Vice President of Operations for Christmas Designers, Inc. visited the location at 13901 SW 142nd Avenue, Miami, Florida for the purpose of reviewing existing decorations in inventory , owned by the City of Miami Beach. Mr. Woodward found the decorations to be unusable without major repairs. He concluded it would be in the City's best financial interest to dispose of all the inventory. .."O~"-...",..,.,'o.1IIiIi Page 4 Budgets Defined as Stated in RFP Christmas Designers, Inc. is proposing to provide the City of Miami Beach and its residents a highly creative decoration program. The theme and overall scope is worthy of the status of Miami Beach as a top world class destination. We will provide installation, removal, all required equipment, storage, insurance, handling and maintenance of each component and we will maintain an ongoing maintenance program during the holiday season. These services will be provided in a timely professional manner according to the provisions of the above stated RFP. The enclosed art boards show the scope of the program at sights designated in the RFP. The selection committee will choose locations they feel the City wants to enhance during the first year of the program, depending on budget considerations. $200.000 - $250.000 LIGHTING: * Lincoln Road Mall: Tree and foliage lighting, including outlining the Morris Lapidus structures. * 195 Street Entrance: spiral wrap palm trees surrounding entrance monument as illustrated. * 715t Street Entrance: spiral wrap and lighting the fronds on the palm trees around the monument as illustrated. * Normandy Fountain: spiral wrap and lighting the fronds on the palm trees around the fountain and scatter lighting the Oak tree canopies. * Alton Road and 5th Street: spiral wrap and light the fronds on the Medjool palms. Page 5 STREET DECOR: * 615t Street to 76th Street: sixty six (66) oversized pole mounted decorations fully lit featuring glittered accents for daytime visibility using alternating decorations. * 715t Street to Rue Notre Dame: thirty three (33) oversized pole mounted decorations fully lit featuring glittered accents for daytime visibility using alternating decorations. * Lumus Park from 5th Street to 15th Street: Forty nine (49) double scroll and star lamp post units. ENTRANCE DISPLAYS: * 195 Entrance: Spectacular entrance display featuring giant glittered flamingos, sparkling ribbons, architectural scrolls and palm mounted golden stars. * 715t Street Entrance: Display featuring giant glittered flamingos, architectural scrolls, glittered bows and palm mounted golden stars. * 5th Street Entrance: Unlighted Happy Holidays Miami Beach display with flamingos, stars, package motif outlined in solar discs. Display also includes palm mounted golden stars. Page 6 $500.000 LIGHTING: * Lincoln Road Mall: Tree and foliage lighting including outlining the Morris Lapidus structures. * 195 Street Entrance: spiral wrap palm trees surrounding entrance monument as illustrated. * 71 st Street Entrance: spiral wrap and lighting the fronds on the palm trees around the monument as illustrated. * Normandy Fountain: spiral wrap and lighting the fronds on the palm trees around the fountain and scatter lighting the Oak tree canopies. * Alton Road and 5th Street: spiral wrap and light the fronds on the Medjool palms. STREET DECOR: * 61 st Street to 76th Street: sixty six (66) oversized pole mounted decorations fully lit featuring glittered accents for daytime visibility using alternating decorations. * 71 st Street to Rue Notre Dame: thirty three (33) oversized pole mounted decorations fully lit featuring glittered accents for daytime visibility using alternating decorations. * Lumus Park from 5th Street to 15th Street: Forty nine (49) double scroll and star lamp post units. * Washington Avenue from 5th Street to Lincoln Road: twenty (20) oversized pole mounted decorations fully lit featuring glittered accents for daytime visibility using alternating decorations. * 73rd Street Loop into Ocean Terrace and out on 75th Street at Collins Avenue: twenty eight (28) double scroll and star lamp post decorations as illustrated. ENTRANCE DISPLAYS: * 195 Entrance: Spectacular entrance display featuring giant glittered flamingos, sparkling ribbons, architectural scrolls and palm mounted golden stars. * 71 st Street Entrance: Display featuring giant glittered flamingos, architectural scrolls, glittered bows and palm mounted golden stars. * 5th Street Entrance: Unlighted Happy Holidays Miami Beach display with flamingos, stars, package motif outlined in solar discs. Display also includes palm mounted golden stars. Page 7 DISPLAYS: * Lincoln Road at Washington Avenue: full display as illustrated with accent decorations at each cross street on Lincoln Road. * Art Deco Welcome Center at 10th Street and Ocean Drive: Building front and rooftop decorations as illustrated and a thermometer display as illustrated. Also includes architectural and landscape lighting. * City Hall: Building front and ground mount displays as illustrated. Also includes architectural and landscape lighting. * 41st Street between Indian Creek Drive and Alton Road: developing spectacular unlighted cross street decor using established themes. Decorations to be outlined in solar discs for daytime visibility. * Collins Avenue from 43rd Street to 59th Street: develop median displays using established themes, also utilizing landscape lighting. * Normandy Fountain: palm mounted golden stars and ground mounted displays. * Scott Rakow Center: develop building front and sign enhancer decorations using established themes. * North Shore Recreation Center: developing building front decorations and roof top displays using established themes. Also included will be architectural and landscape lighting. Page 8 $700.000 LIGHTING: * Lincoln Road Mall: tree and foliage lighting, including outlining the Morris Lapidus structures. * 195 Street Entrance: spiral wrap palm trees surrounding entrance monument as illustrated. * 715t Street Entrance: spiral wrap and lighting the fronds on the palm trees around the monument as illustrated. * Normandy Fountain: spiral wrap and lighting the fronds on the palm trees around the fountain and scatter lighting the Oak tree canopies. * Alton Road and 5th Street: spiral wrap and light the fronds on the Medjool palms. STREET DECOR: * 615t Street to 76th Street: sixty six (66) oversized pole mounted decorations fully lit featuring glittered accents for daytime visibility using alternating decorations. * 715t Street to Rue Notre Dame: thirty three (33) oversized pole mounted decorations fully lit featuring glittered accents for daytime visibility using alternating decorations. * Lumus Park from 5th Street to 15th Street: Forty nine (49) double scroll and star lamp post units. * Washington Avenue from 5th Street to Lincoln Road: twenty (20) oversized pole mounted decorations fully lit featuring glittered accents for daytime visibility using alternating decorations. * 73rd Street Loop into Ocean Terrace and out on 75th Street at Collins Avenue: twenty eight (28) double scroll and star lamp post decorations as illustrated. ENTRANCE DISPLAYS: * 195 Entrance: Spectacular entrance display featuring giant glittered flamingos, sparkling ribbons, architectural scrolls and palm mounted golden stars. * 715t Street Entrance: Display featuring giant glittered flamingos, architectural scrolls, glittered bows and palm mounted golden stars. * 5th Street Entrance: Unlighted Happy Holidays Miami Beach display with flamingos, stars, package motif outlined in solar discs. Display also includes palm mounted golden stars. Page 9 DISPLAYS: * Lincoln Road at Washington Avenue: full display as illustrated with accent decorations at each cross street on Lincoln Road. * Art Deco Welcome Center at 10th Street and Ocean Drive: Building front and rooftop decorations as illustrated and a thermometer display as illustrated. Also includes architectural and landscape lighting. * City Hall: Building front and ground mount displays as illustrated. Also includes architectural and landscape lighting. * 41 st Street between Indian Creek Drive and Alton Road: developing spectacular unlighted cross street decor using established themes. Decorations to be outlined in solar discs for daytime visibility. * Collins Avenue from 43rd Street to 59th Street: develop median displays using established themes, also utilizing landscape lighting. * Normandy Fountain: palm mounted golden stars and ground mounted displays. * Scott Rakow Center: develop building front and sign enhancer decorations using established themes. * North Shore Recreation Center: developing building front decorations and roof top displays using established themes. Also included will be architectural and landscape lighting. * Bayshore Golf Course Club House: develop building front and ground mount displays using established themes. Also included will be architectural and landscape lighting. * Collins Avenue from 5th Street to 23rd Street: develop decor to enhance street scape using established themes. * Lincoln Road between Washington Avenue and Collins Avenue: develop street decor using established themes. * Bass Museum lawn area leading to the beach promenade: develop spectacular focal point display using established themes with landscape and architectural lighting included. Page 10 $1.000.000 LIGHTING: * Lincoln Road Mall: tree and foliage lighting, including outlining the Morris Lapidus structures. * 195 Street Entrance: spiral wrap palm trees surrounding entrance monument as illustrated. * 71 st Street Entrance: spiral wrap and lighting the fronds on the palm trees around the monument as illustrated. * Normandy Fountain: spiral wrap and lighting the fronds on the palm trees around the fountain and scatter lighting the Oak tree canopies. * Alton Road and 5th Street: spiral wrap and light the fronds on the Medjool palms. STREET DECOR: * 61 st Street to 76th Street: sixty six (66) oversized pole mounted decorations fully lit featuring glittered accents for daytime visibility using alternating decorations. * 71 st Street to Rue Notre Dame: thirty three (33)oversized pole mounted decorations fully lit featuring glittered accents for daytime visibility using alternating decorations. * Lumus Park from 5th Street to 15th Street: Forty nine (49) double scroll and star lamp post units. * Washington Avenue from 5th Street to Lincoln Road: twenty (20) oversized pole mounted decorations fully lit featuring glittered accents for daytime visibility using alternating decorations. * 73rd Street Loop into Ocean Terrace and out on 75th Street at Collins Avenue: twenty eight (28) double scroll and star lamp post decorations as illustrated: ENTRANCE DISPLAYS: * 195 Entrance: Spectacular entrance display featuring giant glittered flamingos, sparkling ribbons, architectural scrolls and palm mounted golden stars. * 71 st Street Entrance: Display featuring giant glittered flamingos, architectural scrolls, glittered bows and palm mounted golden stars. * 5th Street Entrance: Unlighted Happy Holidays Miami Beach display with flamingos, stars, package motif outlined in solar discs. Display also includes palm mounted golden stars. Page 11 DISPLAYS: * Lincoln Road at Washington Avenue: full display as illustrated with accent decorations at each cross street on Lincoln Road. * Art Deco Welcome Center at 10th Street and Ocean Drive: Building front and rooftop decorations as illustrated and a thermometer display as illustrated. Also includes architectural and landscape lighting. * City Hall: Building front and ground mount displays as illustrated. Also includes architectural and landscape lighting. * 41 st Street between Indian Creek Drive and Alton Road: developing spectacular unlighted cross street decor using established themes. Decorations to be outlined in solar discs for daytime visibility. * Collins Avenue from 43rd Street to 59th Street: develop median displays using established themes, also utilizing landscape lighting. * Normandy Fountain: palm mounted golden stars and ground mounted displays. * Scott Rakow Center: develop building front and sign enhancer decorations using established themes. * North Shore Recreation Center: developing building front decorations and roof top displays using established themes. Also included will be architectural and landscape lighting. * Bayshore Golf Course Club House: develop building front and ground mount displays using established themes. Also included will be architectural and landscape lighting. * Collins Avenue from 5th Street to 23rd Street: develop decor to enhance street scape using established themes. * Lincoln Road between Washington Avenue and Collins Avenue: develop street decor using established themes. * Bass Museum lawn area leading to the beach promenade: develop spectacular focal point display using established themes with landscape and architectural lighting included. * Beach Promenade: create a full scale walk through holiday extravaganza utilizing established themes. ALL ABOVE REFERENCED PROGRAM POINTS ARE OPEN FOR FURTHER INTERPRETATION AND DISCUSSION. Page 12 PROPOSER INFORMATION Submitted by: Kevin Long Proposer (Entity): Christmas Designers, Inc. Signature: ~~~- Name (Typed): Kevin Long Address: 3124 NW 16th Terrace City/State: Pompano Beach, FL 33064 Telephone: 800-432-5139 Fax: 954-973-0914 It is understood and agreed by Proposer that the City reserves the right to reject any and all Proposals, to make awards on all items or any items according to the best interest of the City, and to waive any irregularities in the RFP or in the Proposals received as a result of the RFP. It is also understood and agreed by the Proposer that by submitting a proposal, Proposer shall be deemed to understand and agree than no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. ~ - (Au -:au. a Kevin Long (Printed Name) RFP NO. 28-04/05 DA TE: 6/21/05 22 CITY OF MIAMI BEACH 7-21-05 (Date) VV/..'.VYV ~..v~ ~a4 ~v~ V.V 'YV~ "'......., &~'V"L!"'~A'" U,&' .&. h.I.& V"',, ... .V..... ACKNOWLEDGMENT OF ADDENDA REQUEST FOR PROPOSALS NO. 28-04105 Directions: Complete Part lor Part II, WhiChever applies. Part I: Usted below are the dates of issue for each Addendum received in connection with this RFP: Addendum No.1, Dated July 11, 2005 Addendum No.2. Dated July 11, 2005 Addendum No.3. Dated July 14, 2005 Addendum No.4, Dated Addendum No.5, Dated Part II: No addendum was received in connection with this RFP. Verified With Procurement staff John Ellis Name of Staff Member 7-21-05 Date Christmas Designers Proposer. Name 7-21-05 Date ~?~ IU'P NO. 2I-04J05 DATE: 6111105 23 ClTV OF MIAMI BEACH DECLARA TION TO: Jorge M. Gonzalez City Manager City of Miami Beach, Florida Submitted this 21 day of July ,2005. The undersigned, as Proposer, declares that the only persons interested in this proposal are named herein; that no other person has any interest in this proposal or in the contract to which this proposal pertains; that this proposal is made without connection or arrangement with any other person; and that this proposal is in every respect fair and made in good faith, without collusion or fraud. The Proposer agrees if this proposal is accepted, to execute an appropriate City of Miami Beach document for the purpose" of establishing a formal contractual relationship between the Proposer and the City of Miami Beach, Florida, for the performance of all requirements to which the proposal pertains. The Proposer states that this proposal is based upon the documents identified by the following number: RFP No. 28-04/05 ~~~:.::::~ Kevin Long PRINTED NAME President TITLE (IF CORPORA nON) RFP NO. 28-04/05 DA TE: 6/21/05 24 CITY OF MIAMI BEACH VVt.,'.VYV ~_.u~ &nA Vvo V'V .vv~ ~au ~nv~~~.~ U~T~~~V~ Itf:IV"" s;lUES"lJQNNAIRE Proposer's Name: rhriQ~m~Q nO~~~9n&, Inc. Principal OffIce Addreaa: 3124 BW 16th Terrace Pompano Beach. FL 33064 Official Representative: Kevin Long Individual partnersh~ (Circle One) ~oration If a COI'DOI'ation. answer thiS: When Incorporated: 1979 In what State: Florida If a Foreian Corooratlon: Date of Registration with Florida Secretary of State: Name of Resident Agent: Addr'8&$ of Resident Agent: Presidents Name: Kevin Long Vlce-P....ldent's Name: Clayton Long Treuurer's Name; RFP NO. 21-N105 DATE: GIlIIO!l Clayton Long 25 CITY OIi'MIAMI BEACH VU'~'t/.\lVU .L_,,"'V J::1A -.I"" U'v ''1..,.1. '-'oDU 1J.\V"\.I"'~&L.L U.&,...tJ~V.' ... v_ "" Members of Board of Directors: Kevin Long, Clayton Long If a Partnership: Data of organization: General or Limited Partners: Name and Add..... of Each partner: NAME ADORED ., Designate general partners in a Limited Partnership I. Number: of years of relevant experience in operating similar bu.in_: 2(;i 2. Hilve any similar agreements held by Proposer ever been canceled? Ves ( ) No (x) If yes, give details on a separate sheet. UP NO. u.G4I05 DATE: 61211115 26 CITY OF MIAMI BEACB Questionnaire (.continued) 3. Has the Propoeer or any principals of the applicant organization failed to qualify 88 a responsible Bidder. refused to enter into a contract after an award has been made. failed to complete a contract during the past five (e) years. or'been deClared to be in default in any contract in the la8t 5 years? If yes. please explain: No 4. Has the Proposer or any of its principals ever been declared bankNpt or reorganized under Chapter 11 or put Into receivership? Yes ( ) No fct If y., give date, court jurisdiction, action taken. and any other explanation deemed necessary on a separate sheet. S. Person or persons Interested in this bid and QUIIlificltion Form have ( ) have not,(>> been convicted by a Federal. Staw, County. or Municipal Court of any ViOlation of law, oth,r than traffic violations. To Include stockholders over ten percent (10%). (Strike out inappropriate words) Explain an)' convictions: 6. Lawsuitli (an)') pending or completed InvoMng the corporation. partncnhip or Individuals with more than ten percent (10%) inte....t: A. Ust all pending lawsuits: Nnn~ KFP NO. zs.o4IU5 DA.TE: 6121JOS 27 CITY 01' MIAMI BEACH B. List all judgments from lawsuits in the last five (5) years: Nnnp c. List any criminal violations and/or convictions of the Proposer and/or any of Its principals: None 7. Conflicts of Interest. The following relationships are. the only potential, actual, or perclived conflicts of Interest In connection with this proposal: (If none. state same.) None 8. PubliC Disclosure. In order to detennlne whether the members of the Evaluation Committee for this Request for Proposals have any association or relationships which would constitute a conftlct of Interest. either actual or perceived. with any PrOpoMf and/or Individuals end entlti.. comprialng or representing such PropoMl',. and In an ettempt to ensure full and complete d"closure regarding this contract, III Proposers are required to disclose all ptl'lons and entities who may be Involved with this Proposal. Thll list shall Include public relation finns, lawyers and lobbyists. The Procurement Division shall be notified In writing If Iny peraon or entity is added to thia Ilat after receipt of ProP08III. (U.a additional sheet if needed) Installation & Displav. Inc. Crystal Valley Decorating ~::ll""g~ni- F.'~ctric 28 RFP NO. ZI-04I05 CITY OF MIAMI BlACK . DATE: m.1Jt5 The Proposer understands that information coontained in this Questionnaire will be relied upon by the City In awarding the proposed Agreement and such infonnation is warranted by the Proposer to be true. The undersigned Proposer agreee to furnish such additional Information. prior to accePtance of any propO$al relating to the qualifications of the Prop06er, as may be required by the City Manager. The PropOGer further unde...tand8 that the Information contained in this questionnaire may be confirmed through a background Investigation conducted by the Miami Beach Police Department. By submitting this questionnaire the Prop088r agrees to cooperate with this inY8&tigatlon, Including but not neceI8lrlly limited to fingerprinting and providing Infonnatlon for credit check. WITNESS: Signature Print Name WITNESS: Signature Print Name w~<~ Signature g ~ S~\;V~ Print N e (CORPORATE SEAL) Secretary RFPNO. 28-04/05 DATE: 6IZ1J05 IF INDIVIDUAL: Signature Print Name IF PARTNERSHIP: Print Nlme of Finn Address By: General Partner Print Name IF CORPORA nON: Christmas Designers, Inc. Print Name of Corporation 3124 NW 16th Terrace Pompano Beach, FL 33064 --... Attest: 29 CITY OF MlA.Ml BEACH EXHIBIT B SCOPE OF SERVICES MIAMI BEACH HOLIDAY LIGHTING AND DECOR 2005 COST BREAKDOWN SECTIONS 1 - 7 (Pages 1 and 2) (Pages 1 - 26) 14 MIAMI BEACH Holiday Lighting and Decor Cost Breakdown SECTION 1 - MAIN ENTRIES Area 1 - 1195 - 41st Street - Julia Tuttle Causeway Area 2 - Normandy Isle - 71s1 Street Area 3 - 5th St and Lenox Ave. $20,585.00 $14,200.00 $5.895.00 $40,680.00 SUB TOTAL SECTION 1 SECTION 2 - STREET DECOR Area 1 - Washington Ave: 5th Street to 16th Street 20 Units @ $1,006.00 each Area 2 - Collins: 61st Street to 76th Street 34 Units @ $1,006.00 each Area 3 - 71st Street: Collins to Versailles 36 Units @ $901.00 each Area 4 - Ocean Drive: Lummus Park 49 poles (98 units) @ $826.00 per pole $20,120.00 $34,204.00 $32,436.00 $40,474.00 $127,234.00 SUB TOTAL SECTION 2 SECTION 3 - ARTHUR GODFREY Area 1 - Solar Disc Skylines 2 Units @ $12,963.00 each Area 2 - Solar Disc Star / Sanner 45 Units @ $321.66 each Area 3 - Lighting and Stars Seven Medjool Palms $25,926.00 $14,475.00 $8.266.50 $48,667.50 SUB TOTAL SECTION 3 The material contained herein is the property of CHRISTMAS DESIGNERS, INC. Reproduction, copying, or use without prior consent is strictly prohibited. 100505 \kl\Miam iBeach\2005\CostBreakdownRev.wpd Cltbri~tma~ 1lBe~i gner~, 3Jnc. Pompano Beach, Flori da Page 1 of 2 SECTION 4 - COLLINS AVE MEDIANS - 10 OF 20 Median # 20 - 5900 $3,812.00 $3,812.00 SUB TOTAL SECTION 4 SECTION 5 - LINCOLN ROAD MALL Lighting Stars Lapidus Structures $32,533.00 $7,800.00 $18,534.50 $58,867.50 SUB TOTAL SECTION 5 SECTION 6- LINCOLN ROAD FROM WASHINGTON AVE. TO COLLINS AVE. Banners $3,536.50 $3,536.50 SUB TOTAL SECTION 6 SECTION 7 - NORMANDY FOUNTAIN Lighting Stars $15,220.00 $4,700.00 $19,920.00 SUB TOTAL SECTION 7 GRAND SUB TOTAL $302,717.50 Less Courtesy Discount -$2.717.50 GRAND TOTAL PER YEAR $300,000.00 The material contained herein is the property of CHRISTMAS DESIGNERS, INC. Reproduction, copying, or use without prior consent is strictly prohibited. 100505 \kl\Miam iBeach\2005\CostBreakdownRev.wpd <!Cbrlstmas 1lBesl gneu, 3Jnc. Pompano Beach, Flori da Page 2 of 2 MIAMI BEACH Holiday Lighting and Decor 2005 Revised 10-5-05 Gifts of the Season Miami Beach will celebrate the holidays this year with a bold splash of sparking color with their "Gifts of The Season" holiday program. Decorative lighting, dazzling glittered finishes, Spectacular entrance decor, and bold new lamp post and pole decorations will make the city brighter than ever! SECTION 1 - MAIN ENTRIES Each of the main entrances into Miami Beach will get spectacular new holiday decorations marking your entrance into the city. AREA 1 -1195 - 41st STREET - JULIA TUTTLE CAUSEWAY Marking the main entrance to the city will be a spectacular di splay of swirling art-deco scrolls and colorful glittered packages, all outlined in lights for both daytime and nig htlime show. The "Happy Holidays" sign enhancer consists of a gold bow mounted on the existing "Welcome to Miami" sign. "Happy Holidays" is displayed over the bow with silver scroll brackets on each side of the sign. Mounted on the brackets are three gift packages of various colors in glitter mesh. Each package has a matching glitter mesh gold bow and ribbon. This magnificent display measures 30'6" tall and 38'6" wide with ten gold mesh stars accenting the scrolls and packages. As background for this sign, six palm trees will be spiral wrapped with lights and accented with gold glitter mesh stars. $20,585.00 The material contained herein is the property of CHRISTMAS DESIGNERS, INC. Reproduction, copying, or use without prior consent is strictly prohibited. 100505 \kl\miamibeach\2005\completerev.wpd ((bristmas J:l csigncrs. 3J nc. Pompano Beach, Florida Page 1 of 26 AREA 2 - NORMANDY ISLE _71sT STREET A sign enhancer bow of gold glitter mesh INiIl be at the top of the "Welcome to the City of Miami Beach" sign. This bow is 6' tall and 11' wide and duplicates the bows at 41st Street and 5th Street, continuing the wonderful holiday theme. Coupling the bow with a package scroll on each side of the sign completes the decor. The glitter mesh silver brackets have a large fuchsia and purple holiday package with gold glitter mesh bow and ribbon. Each bracket, package combination has three glitter gold mesh stars. Behind the sign will be palm trees lighted with spiral wraps and frond lighting. Glitter mesh stars INiIl be placed on the palm trunks to complete this holiday sign enhancer display. $14,200.00 The material contained herein is the property of CHRISTMAS DESIGNERS, INC. Reproduction, copying, or use without prior consent is strictly prohibited. 100505 \kl\miamibeach\2005\com pleterev.wpd (/Cbristmas 119 csigncn.i, II nt. Pompano Beach, Florida Page 2 of 26 AREA 3 - 5TH STREET AND LENOX AVE. A beautiful holiday sign enhancer measuring 6' tall and 4'6" wide with package scroll sign brackets on each side measuring 7'6" tall and 4'3" wide will grace this area. The sign features the initials "MB" emblazoned on a holiday gift package with a large golden bow with golden ribbon. The gift package has fuchsia and purple glittered mesh. The bowand ribbon have gold glittered mesh, creating a vibrant display of color. The sign scrolls on either side of the package each have a gift package of the same decor with matching glitter mesh. The scrolls are silver with gold glitter mesh stars extending above the package. The decoration package is set against a background of palm trees with spiral wraps and gold glitter mesh stars. Upon completion of new permanent entry sign, the "MB" monogramrred package will move to a new location, leaving the scrolls and stars as illustrated in the second rendering. $5,895.00 COMBINED SUB TOTAL SECTION 1 $40,680.00 The material contained herein is the property of CHRISTMAS DESIGNERS, INC. Reproduction, copying, or use without prior consent is strictly prohibited. 100505 \kl\miamibeach\2005\com pleterev.wpd Q[bristmas 119 esigners. Jl nc. Pompano Beach, Florida Page 3 of 26 SECTION 2 - STREET DECOR The Miami Beach street scene will feature exciting new decorations adding color and sparkle for the Holiday season! AREA 1 - WASHINGTON AVE - 5TH STREET TO 16TH STREET *Package Coors Will Alternate For these two areas, we will use a combination of two disti nctive pole decorati ons. The first pole decoration is 10' high X 4' wide star scroll with silver glitter mesh on scroll and fuchsia glitter mesh holiday package. The package will have a gold glitter mesh bow, ribbon and extended star. The second pole decoration features a package scroll 1 0' tall x 5' wide with silver glitter mesh scroll and alternating color package of red, green, fuchsia and purple with gold glitter mesh bow, ribbon and star. We will use twenty units, alternating each of the two designs. 20 Units @ $1,006.00 each $20,120.00 The material contained herein is the property of CHRISTMAS DESIGNERS, INC. Reproduction, copying, or use without prior consent is strictly prohibited. 100505 \kl\mi amibeach\2005\com pleterev .wpd (/[bristmus 1m csi gners. 31 nc. Pompano Beach, Florida Page 4 of 26 AREA 2 - COLLINS: 61sT STREET TO 76TH STREET *Package Coors Will Alternate For these two areas, we will use a combination of two distinctive pole decorations. The first pole decoration is 10' high X 4' wide star scroll with silver glitter mesh on scroll and fuchsia glitter mesh holi day package. The package will have a gold gl itter mesh bow, ribbon and extended star. The second pole decoration features a package scroll 10' tall x 5' wide with silver glitter mesh scroll and alternating color package of red, green, fuchsia and purple with gold glitter mesh bow, ribbon and star. We will use 34 units, alternati ng each of the two designs. 34 Units @ $1,006.00 each $34,204.00 The material contained herein is the property of CHRISTMAS DESIGNERS, INC. Reproduction, copying, or use without prior consent is strictly prohibited. 100505 \kl\mi amibeach\2005\com pleterev.wpd Q[bris'tmas' Il es'igners', 3f nc. Pompano Beach, Florida Page 5 of 26 AREA 3 - 715t STREET: eOL L1NS TO VERSAILLES *Package colors will alternate The pole decor for this area will be a package scroll 7' tall x 4' wide with silver glitter mesh scroll and alternating color glitter mesh packages of red, green, fuchsia and purple. The package has a gold glitter mesh bow, ribbon and star. 36 Units @ $901.00 each $32,436.00 The material contained herein is the property of CHRISTMAS DESIGNERS, INC. Reproduction, copying, or use without prior consent is strictly prohibited. 100505 \kl\mi amibeach\2005\com pleterev.wpd <!J:bri.s'tmB.s 11El c.signcr.s, 11 ne. Pompano Beach, Florida Page 6 of 26 AREA 4 - OCEAN DRIVE: LUMMUS PARK The decor for this area consists of a star and scroll double globe pole decoration with silver glittered scroll and gold glittered stars on each side of the globe. A large gold bow on each side of the pole completes this piece. For a finishing touch, the pole will be wrapped with lighted 14" green pine garland. 49 poles (98 units) @ $826.00 per pole $40,474.00 COMBINED SUB TOTAL SECTION 2 $127,234.00 The material contained herein is the property of CHRISTMAS DESIGNERS, INC. Reproduction, copying, or use without prior consent is strictly prohibited. 100505 \kl\miamibeach\2005\com pleterev.wpd Q.Cbris'tmlls' 119 es'igners, 3J nt. Pompano Beach, Florida Page 7 of 26 SECTION 3 - ARTHUR GODFREY - INDIAN CREEK/41 ST AREA 1 . SOLAR DISC SKYLINES Entering Arthur Godfrey Blvd, visitors '-\111 pass under a colorful sparkling cross street decoration marking the entrance to the corridor. The cross street line features swirling art- deco scrolls and colorful glittered mesh packages. As an extra feature, the entire decoration has been outlined in shimmering solar discs for maximum visual reflectance..... .adding sparkle by both day and night. The 48" long cross street line will be flanked on either side by a colorful package and scroll unit to expand the overall effect. This unit will also be outlined in solar discs to match. SUB TOTAL AREA 1 $25,926.00 The material contained herein is the property of CHRISTMAS DESIGNERS, INC. Reproduction, copying, or use without prior consent is strictly prohibited. 100505 \kl\mi amibeach\2005\com pleterev .wpd QCI)ris'tmas' 11El es'i goers'. 3l nc. Pompano Beach, Florida Page 8 of 26 AREA 2 - BANNERS & STARS r- 1\ ; I The lamp posts on Arthur Godfrey Blvd will each features a 30" X 84" Process color banner. The banner features a vintage Miami beach postcard of a sunbather and packages while proclaiming Happy Holidays, Miami Beam. Over the top of each banner will be a golden glittered mesh star outlined in sparkling solar disks for added daytime dazzle. SUB TOTAL AREA 2 $14,475.00 The material contained herein is the property of CHRISTMAS DESIGNERS, INC. Reproduction, copying, or use without prior consent is strictly prohibited. 100505 \kl\miamibeach\2005\completerev.wpd <!1:bristmas J) esigners. 31 nc. Pompano Beach, Florida Page 9 of 26 AREA 3 - LIGHTING AND STARS There are three (3) Medjool palms on the north side and four (4) Medjool palms on the south side (total seven palms). Each palm will have 7 spiral wraps and 25 fronds lit per palm. 49 Spiral wraps @ $26.00 each 175 Fronds @ $20.00 each Equipment Charge $1,274.00 $3,500.00 $1,357.50 $6,131.50 Each of the seven (7) palms will have two stars, one 18" and one 24". 7 Palms with tlMJ stars each as described @ $305.00 per tree $2.135.00 SUB TOTAL AREA 3 $8,266.50 COMBINED SUB TOTAL SECTION 3 $48,667.50 The material contained herein is the property of CHRISTMAS DESIGNERS, INC. Reproduction, copying, or use without prior consent is strictly prohibited. 100505 \kl\mi amibeach\2005\com pleterev.wpd <!tbri1l'tma1l' 11l:l e1l'i gner1l', 3J nc. Pompano Beach, Florida Page 10 of 26 SECTION 4 - COLLINS AVENUE MEDIANS MEDIAN 20 - 5900 BLOCK We will spiral wrap the trunks of the five (5) Medjool Palms. Four (4 ) of the Medjool Palms will have three gold glitter mesh stars each (one 18", one 24", one 30"). $3.812.00 COMBINED SUB TOTAL SECTION 4 $3,812.00 The material contained herein is the property of CHRISTMAS DESIGNERS, INC. Reproduction, copying, or use without prior consent is strictly prohibited. 100505 \kl\mi amibeach\2005\com pleterev.wpd QCbristmas 1ID csi gncrs, Jl nc. Pompano Beach, Florida Page 11 of 26 SECTION 5 - LINCOLN ROAD MALL AREA 1 - WASHINGTON AVE. AT LINCOLN RD. MALL On each of eight (8) Medjool Palm trees, using 7 spiral trunk wraps and lighting 25 fronds on each tree. 56 Spiral wraps @ $26.00 each 200 Fronds @ $20.00 each Equipment Charge $1,456.00 $4,000.00 $1.680.00 $7,136.00 We will place 3 gold glitter mesh stars (one 18", one 24" and one 30") on each tree. 8 Trees with three stars @ $505.00 per tree $4.040.00 SUB TOTAL AREA 1 $11,176.00 The material contained herein is the property of CHRISTMAS DESIGNERS, INC. Reproduction, copying, or use without prior consent is strictly prohibited. 100505 \kl\miamibeach\2005\com pleterev.wpd Q[bristmas 119 esigners, 3J nc. Pompano Beach, Florida Page 12 of 26 AREA 2 - 400 BLOCK - WEST END AT DREXEL AVE. Six (6) Coconut Palms 6 spiral wraps and 10 fronds per tree. 36 Spiral wraps @ $26.00 each 60 Fronds @ $20.00 each Equipment Charge $936.00 $1,200.00 $540.00 SUB TOTAL AREA 2 $2,676.00 The material contained herein is the property of CHRISTMAS DESIGNERS, INC. Reproduction, copying, or use without prior consent is strictly prohibited. 100505 \kl\mi amibeach\2005\com pleterev.wpd Q[ijristmus 119 esi gners. .3f nt. Pompano Beach, Florida Page 13 of 26 AREA 3 - 500 BLOCK - EAST END - AT DREXEL AVE. Four (4)Triangle Palms with 2 spiral wraps and 10 fronds lit per palm 8 Spiral wraps @ $26.00 each 40 Fronds @ $20.00 each Equipment Charge $208.00 $800.00 $300.00 $1,308.00 -.. .! I I I Lapidus Structure: 220' C-7 perimeter lighting, 12" spacing, outlining the perimeter of the structure. 220 C-7 perimeter lighting, 12" spacing@ $5.50 per foot $1,210.00 SUB TOTAL AREA 3 $2,518.00 The material contained herein is the property of CHRISTMAS DESIGNERS, INC. Reproduction, copying, or use without prior consent is strictly prohibited. 100505 \kl\mi amibeach\2005\com pleterev .wpd ((bristmas 119 esi gners, 3! nc. Pompano Beach, Florida Page 14 of 26 AREA 4 - 500 BLOCK - WEST END AT PENNSYLVANIA AVE. Four (4) Malaysian Palms with 5 spiral wraps and 10 fronds lit per palm 20 Spiral wraps @ $26.00 each 40 Fronds @ $20.00 each Equipment Charge $520.00 $800.00 $300.00 $1,620.00 SUB TOTAL AREA 4 The material contained herein is the property of CHRISTMAS DESIGNERS, INC. Reproduction, copying, or use without prior consent is strictly prohibited. 100505 \kl\mi amibeach\2005\com pleterev.wpd <!Cbrtstnuls 11B est gners. 31 nc. Pompano Beach, Florida Page 15 of 26 AREA 5 - 600 BLOCK - EAST END AT PENNSYLVANIA AVE. Three (3) Coconut Palms with 4 spiral wraps and 8 fronds lit per palm 12 Spiral wraps @ $26.00 each 24 Fronds @ $20.00 each Equipment Charge $312.00 $480.00 $180.00 $972.00 Lapidus Structure: 283' C-7 perimeter lighting, 12" spacing, outline the perimeter of the structure. 283' C-7 perimeter lighting, 12" spacing @ $5.50 per foot $1.556.00 SUB TOTAL AREA 5 $2,528.00 The material contained herein is the property of CHRISTMAS DESIGNERS. INC. Reproduction, copying, or use without prior consent is strictly prohibited. 100505 \kl\miamibeach\2005\com pleterev.wpd Q[bristmas 1iB esigners. 3J nc. Pompano Beach, Florida Page 16 of 26 AREA 6 - BETWEEN 600 (WEST END) & 700 BLOCK (EAST END) AT EUCLID AVE. Sixteen (16) Medjool Palms with 8 spiral wraps. 128 Spiral wraps @ $26.00 each Equipment Charge $3,328.00 $480.00 $3,808.00 We will place 3 gold glitter mesh stars (one 18" and two 24") on each of the eight (8) center Medjool Palms. 8 Center Medjool palms as described @ $470.00 per tree $3,760.00 Lapidus Structure: 272' C-7 perimeter lighting, 12" spacing, outlining the perimeter of the structure. 272' C-7 perimeter lighting, 12" spacing@ $5.50 per foot $1,496.00 SUB TOTAL AREA 6 $9,064.00 The material contained herein is the property of CHRISTMAS DESIGNERS, INC. Reproduction, copying, or use without prior consent is strictly prohibited. 100505 \kl\miamibeach\2005\com pleterev.wpd QCbristmas 11B esigners, 3l nc. Pompano Beach, Florida Page 17 of 26 AREA 7 - 700 BLOCK WEST AT MERIDIAN AVE. Two (2) Royal Palms with 10 spiral wraps and 10 fronds lit per palm. 20 Spiral wraps @ $26.00 each 20 Fronds @ $20.00 each Equipment charge Eleven (11) small palms using 2 spiral wraps per palm. 22 Spiral wraps @ $26.00 each $520.00 $400.00 $240.00 $1,160.00 $572.00 Lapidus Structure: 1141' C-7 perimeter lighting, 12" spacing, outlining the perimeter of the structure. 1141' C-7 perimeter lighting, 12" spacing@ $5.50 per foot $6,275.50 SUB TOTAL AREA 7 $8,007.50 The material contained herein is the property of CHRISTMAS DESIGNERS, INC. Reproduction, copying, or use without prior consent is strictly prohibited. 100505 \kJ\miamibeach\2005\com pleterev.wpd QI:l)ristllllHi 11B csigncrs, 3J nc. Pompano Beach, Florida Page 18 of 26 AREA 8 - 800 BLOCK EAST AT MERIDIAN AVE. Front six (6)Foxtail Palms with 3-50 light spiral wraps and.6 fronds lit per palm. 18 Spiral wraps @ $26.00 each 36 Fronds @ $20.00 each Equipment $468.00 $720.00 $270.00 $1,458.00 Lapidus Structure: 372' C-7 perimeter lighting, 12" spaci ng, outlining the perimeter of the structure. 372' C-7 perimeter lighting, 12" spacing@ $5.50 per foot $2,046.00 SUB TOTAL AREA 8 $3,504.00 The material contained herein is the property of CHRISTMAS DESIGNERS, INC. Reproduction, copying, or use without prior consent is strictly prohibited. 100505 \kl\mi amibeach\2005\com pleterev .wpd <!Cbrtstmas 119 est gners, 11 nt. Pompano Beach, Florida Page 19 of 26 AREA 9 - 800 BLOCK WEST AT JEFFERSON AVE. t~ ~::; .: "'~' . "' ".~ " .'1 J ~t. . ~__ "_:", f..1tl ~',... . <-~~}' -~, rIt.>'.~:' i :',. ^:~, ,"i),' ;if.' ',. !ai. ?Y I., r'.1 {.\., '\ 't~..,. ,', . ',.',"'''''' I! '-.... "r "'Ye ',:. . \ <I''P, . $'!" -~ .., '\ ; '~;""~'lr7-l! "\~' " ~ \ ~ t....: ,j ~ ' .. ~ ,\'~'~ '. ~ I ' · , . ~I~'~., '\ ~J~~ l " .. 0 ~.: t' ,.,~__ . , .~ '~ " '''....r, .~ G:' """"' . ,. i~l ~I! .: ~t,._~~~,.., .-~ - ,J....,,'.., - ": !:!!!!!.Wf) i It I ~,' '. , l . '." I ,. , f I I' r I. , .,. v. .;l".: "'. '.._ . . j,' C",,,,~ ;., ... o. ;' 'J. I . , ~ L:f . ....'. " ~. ",~;~",.v, _-, " ' ,~ "...1<.... '. ."~:;~. . . ~ 1i'\."U. ~ .' -~f~' -=-~".t h..!:.____.____ , ~_ __~ .- _ ~~:-- '-~~~~-=- ~- =-- : 'l. '.;.' ." .~ .... . " Seven (7) Palm trees with 3 spiral wraps and 6 fronds per palm. 21 Spiral wraps @ $26.00 each 42 Fronds @ $20.00 each Equipment Charge $546.00 $840.00 $315.00 $1,701.00 Two (2) Palmetto Palm using 3 spiral wraps per palm. 6 Spiral wraps @ $26.00 each $156.00 $1,857.00 SUB TOTAL AREA 9 The material contained herein is the property of CHRISTMAS DESIGNERS, INC, Reproduction, copying, or use without prior consent is strictly prohibited, 100505 \kl\miamibeach\2005\com pleterev.wpd QCbris'tmas' 1iB es'igners'. 3J nc. Pompano Beach, Florida Page 20 of 26 AREA 10 - 900 BLOCK EAST AT JEFFERSON AVE. Four Trunk Date Palm Tree, 6 spiral wraps per trunk and 60 fronds lit on entire tree. 24 Spiral wraps @ $26.00 each $624.00 60 Fronds @ $20.00 each $1,200.00 Equipment Charge $450.00 $2,274.00 Lapidus Structures: 116' C-7 perimeter lighting on each structure, 12" spacing, outlining the perimeter of the structures. 232' C-7 perimeter lighting, 12" spacing@ $5.50 per foot $1.276.00 SUB TOTAL AREA 10 $3,550.00 The material contained herein is the property of CHRISTMAS DESIGNERS. INC. Reproduction, copying, or use without prior consent is strictly prohibited. 100505 \kl\miamibeach\2005\com pleterev.wpd (/C1)ristmas 119 csigners. Jj nc. Pompano Beach, Florida Page 21 of 26 AREA 11 . 900 BLOCK WEST . AT MICHIGAN AVE. Three (3) trees with 35 trunk wraps total. 35 Trunk wraps @ $28.00 each Equipment $980.00 $150.00 SUB TOTAL AREA 11 $1,130.00 The material contained herein is the property of CHRISTMAS DESIGNERS, INC. Reproduction, copying, or use without prior consent is strictly prohibited. 100505 \kl\miamibeach\2005\com pleterev.wpd QCbris'tmas 11El csigners, Jl nc. Pompano Beach, Florida Page 22 of 26 AREA 12 -1000 BLOCK EAST - MICHIGAN AVE. Four (4) Foxtail palms with 2 spiral wraps and 8 fronds lit per tree. 8 Spiral wraps @ $26.00 each 32 Fronds @ $20.00 each Equipment Charge $208.00 $640.00 $240.00 $1,088.00 ',t~ "A,l "'- --- Lapidus Structure: 850' C-7 perimeter lighting, 12" spacing, outlining the perimeter of the structure. 850' C-7 perimeter lighting, 12" spacing@ $5.50 per foot $4,675.00 SUB TOTAL AREA 12 $5,763.00 The material contained herein is the property of CHRISTMAS DESIGNERS, INC. Reproduction, copying, or use without prior consent is strictly prohibited. 100505 \kl\miamibeach\2005\com pleterev.wpd Q[1)l'is'tmlls' 1JB cs'igncl's', Jl ltC. Pompano Beach, Florida Page 23 of 26 AREA 13 -1100 BLOCK - CENTER MEDIAN - BETWEEN LENOX AVE AND ALTON ROAD. ~......~ There are twenty eight Royal Palms in this area, we \/ViII light every other palm starting with the second palm (total 14 palms lighted). We will use 6 spiral wraps and light 8 fronds per palm. 84 Spiral wraps @ $26.00 each 112 Fronds @ $20.00 each Equipment Charge $2,184.00 $2,240.00 $1 ,050.00 $5,474.00 SUB TOTAL AREA 13 COMBINED SUB TOTAL SECTION 5 $58,867.50 The material contained herein is the property of CHRISTMAS DESIGNERS, INC. Reproduction, copying, or use without prior consent is strictly prohibited. 100505 \kl\mi amibeach\2005\com pleterev.wpd C!bris'tnUls' 1lB es'i gners', 3J ne. Pompano Beach, Florida Page 24 of 26 SECTION 6 - LINCOLN ROAD FROM WASHINGTON AVE TO COLLINS AVE. 11 The eleven (11) lamp posts in this area will each features a 30" X 84" Process color banner. The bannerfeatures a vintage Miami beach postcard of a sunbather and packages while proclaiming Happy Holidays, Miami Beam. Over the top of each banner will be a golden glittered mesh star outlined in sparkling solar disks for added daytime dazzle. SUB TOTAL SECTION 6 $3,536.50 The material contained herein is the property of CHRISTMAS DESIGNERS, INC. Reproduction, copying, or use without prior consent is strictly prohibited. 100505 \kl\mi amibeach\2005\com pleterev.wpd <!(1)rtstmas' 1!l est gners', 35 nc. Pompano Beach, Florida Page 25 of 26 SECTION 7 - NORMANDY FOUNTAIN - 71sT STREET For the ten (10) Medjool Palms, we will use 7 spiral wraps and light 25 fronds on each palm. 70 Spiral wraps @ $26.00 each 250 Fronds @ $20.00 each Equipment Charge $1,820.00 $5,000.00 $1 ,875.00 $8,695.00 We will place three gold gl itter mesh stars (one 18" and two 24") on each of the ten (10) Medjool Palms. $4,700.00 For the nine Oak Trees, we will use 25 scatter sets in the foliage. 225 Scatter sets @ $22.00 per set Equipment Charge $4,950.00 $1.575.00 $6,525.00 COMBINED SUB TOTAL SECTION 7 $19,920.00 The material contained herein is the property of CHRISTMAS DESIGNERS, INC. Reproduction, copying, or use without prior consent is strictly prohibited. 100505 \kl\mi amibeach\2005\com pleterev .wpd <!I)ristmus i1B csi gncrs. 3J nc. Pompano Beach, Florida Page 26 of 26 EXHIBIT B -1 SCOPE OF SERVICES: (MODIFICATIONS) 1. Redesign the solar disc star/banner as proposed in Contractor's Proposal. 2. Section 3 - Arthur Godfrev: A. Alternate the colors of the banners; this may include red and green, some shade of blue and gold or other pastel colors that match or are similar to the colors used for the gift boxes. B. Contractor shall provide the City with a sample for approval prior to going to final production. 3. Contractor shall provide the City with a proposal for the installation of banners (same as those being designed/installed on 41st Street) to be placed on the street poles for the Collins Avenue area between 4400 and 5700 blocks. A. The additional allocation for the above enhancement is not to exceed $15,000. B. Contractor shall confirm that the scale of the banner on 41 st Street will be appropriate for Collins Avenue or if a larger banner would be more appropriate, however contractor shall provide these banners within the $15,000 allocated. C. Contractor shall provide the City with the number of poles in the area and their recommendation for the pattern of hanging these banners. 15 EXHIBIT C CITY'S LIVING WAGE ORDINANCE: 16 ORDINANCE NO. 2003-3408 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH. FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI BEACH CITY CODE ENTITLED "ADMINISTRATION"; BY AMENDING ARTICLE VI. ENTITLED "PROCUREMENT"; BY AMENDING DIVISION 6. ENTITLED "LIVING WAGE REQUIREMENTS FOR CITY SERVICE CONTRACTS AND CITY EMPLOYEES";BY AMENDING SECTION 2....08(b). ENTITLED "HEALTH BENEFITS". THEREIN, TO PRESCRIBE A MAXIMUM PERIOD OF TIME FOR THE "ELIGIBILITY PERIOD", AS SAME IS DEFINED THEREIN, UNDER WHICH A COVERED CONTRACTORMAYQUALIFYTO PAY ANEW EMPLOYEE THE $8.56 PER HOUR WAGE SCALE; PROVIDING FOR REPEALER, SEVERABILITY. CODIFICATION. AND AN EFFECTIVE DATE. WHEREAS. the City award~ contracts to private firms to provide serVices for the public and also provides financial assistance to promote economic development and jOb growth; and WHEREAS. such expenditures of pUblic money also serve a public purpose by creating jobs, expanding the City's economic base, and promoting economic security for all citizens; and WHEREAS, such public expenditures should be spent only with deliberate purpose to promote the creation of full-time, permanent jobs that allow citizens to support themselves and their families with dignity; and WHEREAS, sub-povertY level wages do not serve the public purpose, and such wages place an undue burden on taxpayers and the community to subsidize employers paying inadequate wages by providing their employees with social services such as health care, housing, nutrition, and energy assistance; and WHEREAS. the City has a responsibility when spending public funds to set a community standard that permits full-time workers to live above the poverty line, and therefore, contractors and subcontractors of City service contracts must pay their employees nothing less than the living wage herein described; and WHEREAS. in addition to requiring living wages for City services provided by private firms, the City wishes to serve as an example by proViding a living wage to all City employees. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS: SECTION 1. AMENDMENT OF CITY CODE That Section 2-408(b), entitled "Health Benefits", of Division 6, entitled "Living Wage Requirements for Service Contracts and City Employees", of Article VI, entitled "Procuremenf', of Chapter 2, entitled "Administration, of the Miami Beach City Code Is hereby amended to read as follows: Chapter 2 ADMINISTRATION .. * . Article VI. Procurement .. . . Division 6. living Wage Requirements for Service Contracts and City Employees . * * SECTION 2-408. LIVING WAGE '" '" ... (11) Health Beneftts. For a Covere(l Empleyer or the City Ie semply with tRa living wage pm'tision by ohoeeing to pay the 19'oaJer wage BGale available when a CO"/8FeB iR=lpleyer alBO pF9viEle8 health beRefits, ewaR health Benefits shall GeRslsl of paymeRt of at least $1.25 per hewr te>Nards the pFGVlslen ef health GElFe benefite feu Ce'.'ered Employees aREI their dopeRsents. If the /:IealtR benefits plan at iRe Cevered empleyer or the City Fe'lYires aR initial perioo of empleYFRent for aRe'.".' eFRpleyee te be eligible fer Realth beRefits (eligibility perloo) SWSR CO'JereB iFRpleyer or City may Elualify te pay tho $8.56 per Aeyr ~"Jage seale dYFlRg the Rft.., empleyee's eligliallity periao pFe'lloee tt.:'le n9V.' emplayee 'fAil bo paiEl AaallR iaenefits y peR sempletlen Gf t/:le eligibility per/eel. Pmaf ef the pFOVision af health beRefits must be eYbmlhEl Ie tile a.tlsreiR8 awtAerltyte E1Yali~'fartAe 't:age r-ate for emplayees with health benefits. lb} Health Benefits: ellalblllty Derlod. For a Covered Emoloyer or the CItv to comDlv with the Iivinp waoe oroYision bv chooslna to oav the lower wace scale available when a Covered EmDlover also orovides health benefits. such health benefits shall consist of payment of at least $1.25 Der hour toward the provision of health benefits for Covered Emoloyees and their deoendents. If the health benefits clan of the Covered Emolover or the City reauires an initial Derlod of emDlovment for a new emDlovee to be elioible for health benefits Celiaiblllty period} the Ilvinp waae Drovision shall be comolied with as follows durina the eliaibilitv oeriod: (1) Provided the new employee will be Dald health benefits UDon the comDletion of the eligibilltv oeriod. a Covered EmDlover or the CItv may onlv aualify to oav the $8.56 per hour waDe scale for a term not to exceed the first nlnetv O~O) days of the new emolovee's eUaibll1tv oeriod. said term commencina on the emolovee's date of hire. (2) If the Covered Emoloyer's or the City's eliaibllltv oeriod exceeds the ninety (90) day term orovided in subsection (1) above. then the Covered Emolover or the City. commenclna on the ninety first (91-) day of the new emoloyee's eligibility oeriod. must commence to pava Iivina wace of not less than $9.81 an hour. Proof of the orovision of health benefits must be submitted to the awardina authority to SJualifv for the waoe rate for emolovees with health benefits. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause, or provision of this Ordinance Is held invalid. the remainder shall not be affected by such invalidity. SECTION 4. CODIFICATION. It Is the intention of the Mayor and City Commission of the City of Miami Beach, and it Is hereby ordained that the provisions of this Ordlna~ce shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be returned. SECTION 5. EFFECTIVE DATE. PASSED and ADOPTED this 30th day of ,2003. ATTEST: MAYOR ~~ ft1t~ CITY CLERK ~~/-'" 1 st reading 2nd reading ~AS'IO FORM &LANGUAGI aPOREXECU'I'ION T:\AGENDA\2003\apr0903VeguJar\lhllng Wage Prob Per 04 03 ord.doc JI{J..t1 CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NOTICE IS HERDY given thlt public hearings will be held by the Mlyor Ind C~y Commission at the CIty Of Miami Beach. AorkIt, III the' Commisslon Chambers, 3nl floor, CIty 1faII, 1700 Convenllon C.nter Drive, Miami BBaCh, FIorllll, on Wldnlaclay. AprIl 3D, 2003, It II1II tln8111t1c1 bIIow III consider tha !allOWing OIIllrst readlna; 1t1lt4111JII.: . AN ORDINANCE AMENDING ORDNANCE NO, 1605, THE UNCLASSIFIED EMPLOYEES SALARY ORDINANCE; INCREASING ON THE FIRST PAY PERIOD ENDING MAY 4, 2003. THE MINIMUM OF THE RANGES BY 4% AND THE MAXIMUM OF THE RANGES BY 4%; AND BY ESTAIlUStIN6 THE ClASSIflCAnoNS OF ASSISTANT DIRECTOR - NEIGHBORHOOD SERVICES. HOUSING MANAGER. OFACE OF COMMUNllY SSMCEs DMSION DIRECTOR, tABOR RElATIONS DIVISION. DIRECTOR, lABOR RELATIONS TECHNICIAN I. SPECIAl EVEHTS COORlllNATOR, PUBLIC ARl' COORDINATOR; AND AMENDING THE TITLES OF THE ClASSIFICATIONS OF HOUSING DEVELOPMENT OIVlSlON DIRECTOR TO COMMUNITY DEVElOPMENT AND HOUSING DIVISION DIRECTOR. LABOR RElATIONS TECHNICIAN TO LABOR RELATIONS TECHNICIAN R. TfIAINING OfYELOPMENT COORDINATOR TO ORGANIZATIONAl DEVELOPMENT AND TRAINING COORDINATOR, TRAINING SPEClAUST TO ORGANIZATIONAL DEVELOPMENT AND TRAINING SPECIAUST; AHO ABOLISHING TIlE T1TLE OF CLASSlACAnON OF ASSISTANT TO THE NEIOHBORHOOD SElMCES DIRECTOfI, PROVIDING FORA REPEALER. SfVERAB/LITY. EFFECTIVE DATE. AND CODlFlCAnoN. It 1ll:l1O &ni.: AN ORDINANCE AMENDING ORDlNAIlCE NO. 789, THE a.ASSlFIED EMPLOveES SAI.ARV ORDI~Cf. RlR ClASSIRCAnONS IN GROUP VI, IIBNG OTHER Cl.ASSlFlCATIONS IN THE aASSlFIED SERVICE NOT COVERED BY A 8ARGAJNING UNIT; INCREASING ON THE FllST PAY PEROO ENDING MAY 4, 2003, THE MINI1UM Of THE MHGES BY 4% AND THE MAXIMUM OF THE RANGES BY 4";.AND BY ESTABUSHING THE ClASSIFlCATKlN(SJ OF ICE II/Hl( TECHNlCIAN AND SMIITATllN OPERATlOltS SUPElMSOR; AMEHDING THE TITlES Of ClASSIFICATIONS Of PERSONNa TECHNICINII TO HUMAN RESOURCES TECHNICIAN I. PERSONNEL TECHNICIAN" TO HUMAN RESOURCES TECHNICIAN n, PERSONNa TECHNICIAN II TO IllMAIt RESOURCES TECHNICIAN III; PRlMOIHG FOIl A REPEALER, SEVEMeIUTY, EFFECTNE I>ATE, AND CODIFlCAnON. ... t...... ..,D:lII..m.: Jt;f All ORDINANCE AMENDING CHNTER 2 OF TIlE MIAMI BEACH CITY CODE ENTITLED -ADMINISTRATION'; BY AMENDING ARTlQ.E W, ENTnLED, 'PROCUREMENT"; BY AMENDING OMS/ON 6, ENTlnED 'UVlNG WAGE RfOUIREMENTS RlR CITY SERVICE CONTRACTS ANQ CITY EMPLOYEES'; BY AMENDING SECTION 2-4OaI8l, ENTITlED '1IEAUlf BENEFITS: TIlERElN. TO PRESCRIBE A MAXIMUM PERIOO 01' nME FOR TIlE "EUGIBllITY PERIOD,' AS SAME IS DEFINED THED, UNDER WHICH A COVERED CONTRACTOll MAY OOAI.FfTO PAY A NEW EMPlOYEE THE :sa.56 PER HOUR WAGE SCAlf; PROVIDING fOR IEPEALER, SEVEIWIIUTY. CODIFICATION. AND AN EFFECTIVE DATE Inqukles miry be directed ID II1e Humllllllesouic:4lS all3(5) 673-7470. It l1:OC1.....: . AN OfIDINANCE AMENDING SECTION. 30-76/81 OF THE MIAMI BfACH CflY CODE ENTITlED "MITIGATIOH: PROVIDING FOR MITIGATION HI!AAINGS TO BE tIEARO BV THE SPECIAL MASTER WITHIN ONE YEAR OF THE ISSUANCE OF TIlE AFADAVlT OF COMPlJANCE; PRIMDtNG THE SPECIAl MASTER MAY AlSO HEAR MITIGATION REQUESTS BEYOND ONE YEAR AFTER TIlE AFFIOAVIT OF COMPLIANCE UPON APPROVAL OF THE A/)MINlSTRATION; PAOVIDf46 RlR A REPEAlER. SEIlERABlUlY. CODlACATION AND AN EfFECTJI/E I>ATE. Inqlllll88 may be lIIrectac1lD 1111 NeighllorhllClll ServlClS at (305) 604-2489 ALL INTERESTED PARTIES .... InvtlllllD Ippur at ItJII meeting, or tie fIIIt'lIS8ntlll br 11\ agent, or to 1Jpr8$llllleir views i1 WI1Ik1Q adlll'llllled ID thl CIIy Commlnlon. c/o the City _ 1700 ConvIl1tion CIllIer Drive, 1st FfcJor, ClIy HIIf. Mllml Beach, FIGttda 33139. Caplae crI thne . ordInInc8s are 1YIil8bI. for Public mplCtb1 during normaJ business hOIA In the Cfty C11lk'8 OftIce, 1700 ConvInIlon c.nler Drtve, I. Floor, CII1 Hall, MilmIBeac:h, Floncla 33139. This mtlting may be codnued IncllIIIder suc:Il clrcUIlIIIlnc:a addllllllllllltlll nottce WClUld not be plWijld. . Robert E. PlIrc/Ier, City Clerk City of Mlamllleach . Purluant to Secllon 266.0105, AI. Stat, the CIty hereby advlsel 1he public lll8t: If a peI1lJJ1 decides to appeal any dec:l8lon made br till CIty COmmlsalon with fIIpect ID Illy lllIlIer COII8Idered at IIlI mMtlIlll o[ III I118rlng, 8UCIl petllOIl must ensure Ihat a vertl8t1m rllCGl1l crI the proceedlnll8 II made, whld1 rKOnllncludsall1e telIlIRIOlly and evldlltlCe upon Which lI1e appeal 18 to be build. ThIlIllllIl:tJ lIoeI not conetftute COIlSIrIt br Ihe CIty for the introduction or admission of otherwtu inadmissible or irrelevant evldlllCl, nor does It luIIlorIlt cI1aIIInll8l or 8PPhI811l1l Ot/lerwiae aIowed by law. . In ICCOI'dIllCl wttIlll1e Amertcans WfIh DI8abitlIIsa Act Of 1990, JIllfION needlllll eptt:/l/ IICCOmmodalioll to participate '" this pnlC8Illlng, or to ltqU88t Informatton on ICCI8II for perIOIlI with dilalllllUee, or to requ.et thll /lUbllcatlon In acceSSlbla tormll, or to request sign . lanGtllU8lnt1rpre1m,lII1ould comact th8 CIty Clerk', ot{lce at (305)673-7411, DO later J/Ian tour _ prtor ID tile PflICIecllng, If I:IeIrilg JmPli~. cantacrthe CIty Cl~rk's ofIIce via thlFlorl~ .~" ~~ ~~. .~ ~8771 (TTV) or (800) 055.8770 (VOICE). . '.~1011S) . . f , .,"..I.~, . .I.......,...' ~:-...: ..t r !l I. :C ., !4 I i._ I . . . . :r .. .. .. - .. . .... a I I . . J _ r CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY to ...... Condensed Title: An Ordinance amendIng the Living Wage Ordinance to provide a maximum health benefits ellgibRlty period during which a contractor may pay a new employee the lower $8.56 rate. I.sue: Shall the City Commission create a consistency between the City and the City's contractors as to maximum eligibility period for health benefits during which a contractor may pay a new employee the lower $8.56 rate? Item Summa #Recommendation: Ordinance was approved by Commission 419103 and second reading, public hearing was set for 413OJ03. By adopting this Ordinance amendment, the Living Wage Ordinance wfti better ensure that contractors and subcontractors follow the Intent of the Living Wage Ordinance, continuing to set a community standard that ermits full-time workers to live above the ove /lne. Advisory Board Recommendation: I NJA Flnanclallnfonnatlon: Source of Funds: ~J ~~~~~J.i~'~{f. r;j:~;:;~..~ ~,...~ _a.lj'}T~~!F.f! f~i.~r~: ~~Ar?r~~;j ~_f$:~.:~1~~r I....'.... ..'t~:,*'}:t~t:J~~.~.f.~~~:~ ~1f:L' ,.' City Clerk', OffIce Lealslatlve TraCking: I T.C. Adder1y Sf /7/~. NDA\2003\apr3003\regularILMng Wage 91d Prob Per 04 03 sum2.doc AGENDA ITEM R~- D DATE 'I'3tJ -03 CITY OF MIAMI BEACH CITY HAll. 1700 CONVENTION CENTER DRIVE MIAMI BEACH, Fl.ORIDA 33139 WMY.mlamlbeachfl. ov To: From: Subject: COMMISSION MEMORANDUM Mayor David Dermer and Members of the City CommissiOn Jorge M. Gonzalez \ ~ Clty__ 0 Y' 0 Date: April 30, 2003 SECOND READING PUBLIC HEARING AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH. FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI BEACH CITY CODE ENTITLED "ADMINISTRATION"; BY AMENDING ARTICLE VI, ENTITLED "PROCUREMENT"; BY AMENDING DIVISION 6. ENTITLED "LIVING WAGE ~EQUIREMENTS FOR CITY SERVICE CONTRACTS AND CITY EMPLOYEES"; BY AMENDING SECTION 2- 408(b). ENTITLED "HEALTH BENEFITS", THEREIN, TO PRESCRIBE A MAXIMUM PERIOD OF TIME FOR THE "ELIGIBILITY PERIOD". AS SAME IS DEFINED THEREIN. UNDER WHICH A COVERED CONTRACTOR MAY QUALIFY TO PAY A NEW EMPLOYEE THE $8.66 PER HOUR WAGE SCALE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION. AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends adopting the Ordinance. ANAL VSIS The City has a responsibility when spending public funds to set a community standard that permits full-time workers to live above the poverty line. In an effort to achieve this goal, contractors and subcontractors of City service contracts must pay their employees nothing less than the living wage. Such expenditure of money also serves the public purpose by creating jobs, expanding the City's economic base and promoting economic security for all citizens. General Criteria of Llvlna Wage Ordinance The intent of a Living Wage continues to be to provide salary rates for full-time employees equivalent to the poverty level plus 10%, and therefore, eliminate sub-poverty level wages. The Ordinance provided for a salary of $8.56 per hour for employees who already receive health benefits and $9.81per hour for employees without health benefits. The Living Wage Ordinance applies to City employees, contractors, and subcontractors of City service contracts of $100,000 or more. Per Section 2-408 (b) of the Living Wage Ordinance, "lf the health benefits plan of the Covered Employer or the City requires an initial period of employment for a new employee to be eligible for health benefits (eligibility period), such Covered Employer or City may qualify to pay the $8.56 per hour wage scale during the new employee's initial eligibility period provided the new employee will be paid health benefits upon completion of the eligibility period." City of Miami Beach employees are eligible for health benefits after 90 days of employment. This means that the City Is permitted to pay an employee the lower $8.56 rate during those first 90 days of employment because the employee will be eligible for health benefits on the 91st day. If the new employee is not be eligible for health benefits, then the City must pay the higher rate of $9.81 beginning on the first day of employment. It is proposed that the Ordinance be amended to have a consistent provision for contractors as to the maximum eligibility period. The proposed Ordinance amendment would permit contractors to pay a new employee the lower rate during the first 90 days of the eligibility period. If the contractor's eligibility period is greater than 90 days, then. commencing on the 91 st day of the eligibility period, the contractor will pay the employee the higher rate of $9.81 untit the employee receives health benefits. CONCLUSION By adopting this Ordinance amendment, the Living Wage Ordinance will better ensure that contractors and subcontractors follow the intent ofthe Living Wage Ordinance, continuing to set a community standard that permits full-time workers to live above the poverty line. JMG:MDB:TCA:GPL T:\AGENDA\2003\apr3003'f'egulll'il.hIlng w.ge 91d prob per 04 03 mem2.dac