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HomeMy Public PortalAboutLTC 158-2015 - Agreement for Holiday Lighting and Decorations.SAL H BOUR FLORI DA'S,' VA RADISE OFFICE OF THE VILLAGE MANAGER NO. 158-2015 LETTER TO COUNCIL TO: Mayor Martin Packer and Members of the Village Council FROM: Jorge M. Gonzalez, Village Manager DATE: September 11, 2015 SUBJECT: Agreement for Holiday Lighting and Decorations The purpose of this Letter to Council (LTC) is to transmit to you the final, executed agreement with Miami Christmas Lights to install and operate holiday lighting and decorations. The attached agreement and design are similar to the original design with some modest changes, most notable among the changes includes eliminating the Christmas tree in front of Village Hall and substituting a simple light trim package of the Building. The official Village Christmas tree will be placed at Founders Circle, consistent with the original design. The negotiated agreement secures a one (1) year agreement, with a first year cost of $150,000, as well as the option to extend the agreement fortwo (2) additional one (1) year terms at a cost of $75,000 annually. The final agreement reflects a savings of $150,000 or 33% percent over the three (3) year term compared to the originally proposed three (3) year agreement at cost of $149,645 annually. If you have any questions or need any additional information, please feel free to contact me JMG/PAR PROFESSIONAL SERVICES AGREEMENT ThiIr—ida ((ggfessional Services Agreement ("Agreement') is made and entered into as of the ay of September, 2015 (the "Effective Date") between Bal Harbour Village, a municipality (the "Village') and South Florida Lighting Team LLC, whose business address is 1330 West Ave — Suite 2012, Miami Beach, Florida, 33139 (the "Consultant'), with each being referred to herein as a Party or collectively as the "Parties." WHEREAS, the Village desires to engage a professional holiday lighting and decoration company to provide, install and operate holiday lights and decorations throughout the Village during the holiday season (the "Display"); and WHEREAS, the Village issued Request for Qualifications No. 2015-03 (the "RFQ"), attached hereto as Exhibit "A", soliciting statements of qualifications from qualified firms with experience providing large holiday displays; and WHEREAS, Consultant submitted a statement of qualifications in response to the RFQ, and has been deemed to be the most qualified respondent; and WHEREAS, the Village desires to enter into an agreement with Consultant for the planning, installation and removal of the Display. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Village and Consultant hereby agree as follows: 1. TERM. The initial term of this Agreement shall commence on the Effective Date and shall remain in effect for a period of one year unless otherwise terminated with or without cause, in accordance with the provisions contained herein (the 'Initial Term"). The Village may at its sole discretion elect to extend the agreement for two additional one year terms (the 'Renewal Terms'). The Village shall notify Consultant in writing of its desire to exercise its option to extend the Agreement for each Renewal Term no later than thirty (30) days prior to the expiration of the Initial Term or Renewal Term. 2. SERVICES. Consultant agrees to provide all professional services required for the planning, installation, maintenance and removal of the Display (collectively, the "Services"). Consultant shall ensure that the Display is comprised of individual lights and decorations selected by the Village (collectively, the "Decorations"), a complete list of which is attached hereto as Exhibit "B" (the "Decoration Inventory"). The Village may, at its sole discretion elect to remove any individual Decoration or combination of Decorations included within the Decoration Inventory. a) Installation and Removal of the Display. During the initial the Term and any Renewal Term, Consultant shall complete the installation of the Display no later than November 20th. Consultant shall commence the removal of the Display no sooner than January 7th, and shall complete the removal the Display no later than January 28th. The timeframe between the date on which the Display installation is commenced and the date on which removal of the Display is completed shall constitute the "Display Period". The dates for the installation and removal specified in this paragraph maybe amended at the discretion of the Village, who shall issue written notice to Consultant of the revised dates for the Display installation and/or removal. Consultant shall be solely responsible for obtaining all governmental approvals required for the installation of the Display and shall return the areas in which the Display is installed to the same condition that existed prior to the installation. b) FDOT Permitting The Consultant will be required to obtain all applicable lane closures permits from the Florida Department of Transportation (FDOT) as necessary to perform the installation and removal activities along Collins Avenue and 96 Street. c) Village owned Decorations. The Village owns a 30 foot Panel Tree (the "Tree"). Consultant shall refurbish and utilize the Tree in the Display. Consultant shall be responsible for the maintenance and storage of the Tree during each year of the Term or Renewal Term of the Agreement. Consultant shall not employ the Tree any way other than in the Display and shall return the Tree to the Village upon the termination or expiration of this Agreement in the same or superior condition as it was provided for use in the Display. d) Location of the Decorations. The Decorations and Tree shall be installed in the locations specified in the Decoration Inventory in the manner depicted in Exhibit "C". e) Maintenance of the Disolay. Consultant shall, at all times during the Term and Renewal Periods of this Agreement, own and maintain all Decorations utilized in the Display. All lighting in the Display shall be illuminated from dusk until dawn during each day of the Display Period during which the Decorations are installed. Consultant shall have a lighting crew trained and experienced in maintaining and restoring the holiday lighting systems, including LED lights sets, and shall inspect all Decorations each evening during the Display Period. At the conclusion of the daily evening inspection, Consultant shall reset, modify and take all actions necessary to ensure the Display is fully operational. A summary of each evening's inspection shall be provided to the Village in writing the following day, prior to 1:00 P.M. The inspection summary shall highlight any deficiencies identified during the evening inspection and specify the need for any Village assistance to restore the Decorations to operational status. Additionally, Consultant shall maintain a 24-hour per day, 7 day per week call center with a primary and secondary point of contact during the Display Period, to which outages and other problems can be reported. Consultant shall respond within eight hours by being on site at the designated area upon notification by the Village or its designated representative of a request to address a reported problem. Consultant shall ensure that all Decorations are functioning by 5:00 p.m. each day during the Display Period. f) The Village shall not be responsible for the repair or replacement of Decorations damaged during the provision of the Services, unless such damage is caused directly by Village employees. 3. RELATIONSHIP OF THE PARTIES. During the term of this Agreement, the relationship of the Parties shall be that of the client and independent Consultant. Village shall not control the means and methods used by Consultant in performing the Services. Consultant shall perform the Services at the request of the Village Manager or his designee. Nothing set forth in this Agreement shall be construed to create the relationship of employer and employee or principal and agent between Village and Consultant. Consultant shall not act or attempt to act or represent itself, directly or indirectly or by implication, as an employee of Village or in any manner assume or create, or attempt to assume or create, any obligation on behalf of or in the name of Village. Accordingly, Consultant shall not attain, nor be entitled to, any rights or benefits of the Village, nor any rights generally afforded the Village employees. Consultant further understands that Florida Worker's Compensation benefits available to employees of the Village are not available to Consultant or to any employee or agent of the Consultant. All employees and subconsultants of the Consultant shall be considered to be, at all times, the sole employees or contractors of the Consultant, under its sole direction and not an employee, contractor or agent of the Village. 4. COMPENSATION. Fee for Initial Term. The Village shall pay Consultant a fee in the amount of One Hundred Fifty Thousand ($150,000.00) Dollars (the "Fee") for the completion of the Services during the Term of this Agreement. The Village shall pay Consultant fifty percent (50%) of the Fee upon the issuance of a Notice to Proceed, prior to the installation of the Display. The Fee shall serve as the full compensation to the Consultant for the satisfactory completion of the Services. The balance of the Fee will be paid annually within thirty (30) days of the removal of the Display. b. Fee for Renewal Term. During each Renewal Term, Consultant shall provide Village with the same Decorations identified in the Decoration Inventory for a fee of Seventy Five Thousand ($75,000.00) Dollars per Renewal Period (the "Renewal Fee"). The Village shall pay Consultant fifty percent (50%) of the Renewal Fee upon the issuance of a Notice to Proceed, prior to the installation of the Display. The balance of the Renewal Fee will be paid annually within thirty (30) days of the removal of the Display. The Renewal Fee shall serve as the full compensation to the Consultant for the satisfactory completion of the Services during each Renewal Term. 5. CONSULTANT WARRANTIES. Consultant represents and warrants that Consultant is free to enter into the terms of this Agreement and that Consultant has no obligation to any third party or otherwise that are inconsistent with any of its provisions. Consultant further represents and warrants that Consultant has and shall maintain for the duration of this Agreement, all professional licenses required to be held by an individual or entity providing the Services by any and all federal, state or local law, rule or policy. This Section 5 shall survive termination of this Agreement. 6. TERMINATION. a) Termination for Cause. If a Party fails to fulfill in a timely manner, or otherwise violates or defaults upon, any of the covenants, agreements, or stipulations material to this Agreement, the non -defaulting Party, shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the non -defaulting Party shall notify the defaulting Party of its violation of the particular term(s) of this Agreement, and shall grant the defaulting Party ten (10) business days to cure such default. If such default remains uncured after ten (10) business days, the non -defaulting Party may terminate this Agreement without further notice to defaulting Party. Upon termination, the non -defaulting Party shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, the Agreement. Notwithstanding the above, Consultant shall not be relieved of liability to the Village for damages sustained by the Village by virtue of any breach of the Agreement by the Consultant. The Village, at its sole option and discretion, shall be entitled to bring any and all legal or equitable actions that it deems to be in its best interest in order to enforce the Village's rights and remedies against Consultant. The Village shall be entitled to recover all costs of such actions, including reasonable attorney's fees. b) Termination for Convenience of the Village. The Village may also, through its Village Manager, and for its convenience and without cause, terminate the Agreement at any time during the Term or Renewal Term by giving written notice to Consultant of such termination; which shall become effective seven (7) days following receipt by Consultant of such notice. If the Agreement is terminated for convenience by the Village, Consultant shall be paid for any Services satisfactorily performed up to the date of termination; following which the Village shall be discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. c) Termination for Insolvency. The Village also reserves the right to terminate the Agreement in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the rights and obligations of the parties shall be the same as provided for in Section 6(b). MISCELLANEOUS. a) Notices. All notices hereunder shall be given in writing by registered or certified mail, return receipt requested, postage prepaid, addressed to the Parties at the following respective addresses, orat such other address as may be designated in writing by either Party to the other, and shall be deemed delivered for all purposes hereunder upon deposit of same into the United States mail: To Village: Jorge Gonzalez, Village Manager Bal Harbour Village 655 95'" Street Bal Harbour, FL 33154 Copy to: Richard Weiss, Village Attorney Weiss Serota Helfman Cole & Bierman, PL 200 East Broward Blvd. Suite 1900 Fort Lauderdale, FL 33301 To Consultant: Kurt Stange South Florida Holiday Lighting Team LLC 1330 West Ave. -Suite 2012 Miami Beach, FL 33139 b) Compliance with Laws. Consultant agrees to comply with all laws, ordinances, rules, and regulations that are now or may become applicable to the Services covered by this Agreement, regardless of the applicable jurisdiction. Consultant shall make its services available to Village residents without regard to race, color, religion or sex, or as otherwise provided by law. c) Severability. The Parties to this Agreement expressly agree that it is not their intention to violate any public policy, statutory or common law rules, regulations, or decisions of any governmental or regulatory body. If any provision of this Agreement is judicially or administratively interpreted or construed as being in violation of any such policy, rule, regulation, or decision, the provision, sections, sentence, word, clause, or combination thereof causing such violation will be inoperative (and in lieu thereof there will be inserted such provision, section, sentence, word, clause, or combination thereof as may be valid and consistent with the intent of the Parties under this Agreement) and the remainder of this Agreement, as amended, will remain binding upon the Parties, unless the inoperative provision would cause enforcement of the remainder of this Agreement to be inequitable under the circumstances. d) Successors and Assigns. This Agreement shall be binding upon the Parties and their respective successors, heirs and assigns. However, the Parties agree that nothing contained herein shall authorize the assignment of this Agreement or the delegation of any duties hereunder by either Party, unless previously set out in this Agreement, without the prior written consent of the other Party. e) Headings. The sections headings used in this Agreement are for reference and convenience only and shall not enter into the interpretation hereof. f) Survival of Terms. Termination or expiration of this Agreement for any reason shall not release either Party from any liabilities or obligations set forth in this Agreement which (a) the Parties have expressly agreed shall survive any such termination, or (b) remain to be performed and by their nature would be intended to be applicable following any such termination or expiration. Any liabilities which have accrued prior to termination pursuant to the insurance and/or indemnification obligations set forth below shall survive the termination of this Agreement. g) Waiver. No delay or omission by either Party hereto, in the exercise of any right or remedy hereunder, shall impair such right or remedy or be construed to be a waiver thereof. Any waiver of any such right or remedy by any Party must be in writing and signed by the Party against which such waive is sought. A waiver by either of the Parties hereto of any of the covenants to be performed by the other or any breach thereof shall not be construed to be a waiver of any succeeding breach thereof or any other covenant herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either Party at law, in equity or otherwise. h) Force Maieure. Non-performance of Consultant or Village shall be excused to the extent that performance is rendered impossible or delayed by strike, fire, hurricane, flood, terrorism, governmental acts or orders or restrictions, or other similar reason where failure to perform is beyond the control of and not caused by the negligence of the non -performing Party ("Force Majeure"), provided that the non -conforming Party gives prompt notice of such conditions to the other Party and makes all reasonable efforts to perform. In the event that Consultant to is unable to complete the installation of the Display prior to Thanksgiving during any year of the Term or Renewal Terms due to an occurrence of Force Majeure, the Village may elect, in its sole discretion not to install the Display during that year. In such an event, the Consultant will not be entitled to a Fee for the year in which the Display is not installed. i) Governing Laws. This Agreement shall be governed by, construed in accordance with, the laws of the State of Florida. The venue for any dispute arising from this Agreement shall be the Circuit Court of Miami -Dade County, Florida. The Parties voluntarily waive any right to trial by jury in the event of litigation between the Parties, which in any way arises out of this Agreement or the Services. j) Entire Agreement. The Agreement, its exhibits and the RFQ, whose terms are incorporated herein by reference, constitute the entire agreement of the Parties with respect to the subject matter hereof and supersedes all previous written, and all previous or contemporaneous oral, negotiations, understandings, arrangements, and agreements. In the event of a conflict between the terms of the RFQ and this Agreement, the terms of this Agreement shall control. Unless expressly provided for otherwise in this Agreement, this Agreement may be amended only by a written amendment signed by both Parties hereto. on k) Indemnification. To the extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the Village and its directors, officers and employees from and against any liability (including, without limitation, reasonable costs and attorney's fees) incurred by the Village to the extent caused by Consultant's negligent acts, errors or omissions, or the failure, malfunction, installation or removal of the Decorations, including judgments in favor of any third party. No Continaent Fees. The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement m) Access to Records and Audit Clause. Consultant agrees to permit the Village to examine all records which are, in any way, related to the Services provided and this Agreement, and grants to the Village the right to audit any books, documents and papers of Consultant that were generated during the course of the administration of this Agreement. Consultant shall maintain the records, books, documents and papers associated with this Agreement in accordance with the "Public Records Act", and in accordance with the Florida Statutes. Upon the Village's request, Consultant shall provide the Village with copies of all public records related to this Agreement, at no cost to the Village. 8. Insurance. Consultant shall at all times carry comprehensive general liability insurance, comprehensive automobile liability insurance, and workers' compensation insurance (if applicable) with minimum policy limits for each coverage in the amounts specified in the RFQ. The Village shall be named as an additional insured on the required automobile and general liability insurance policies. Each insurance policy shall state that it is not subject to cancellation or reduction in coverage without written notice to the Village thirty (30) days prior to the effective date of cancellation or reduction of coverage. IN WITNESS WHEREOF, Consultant has signed and delivered this Agreement, and the Village has caused this Agreement to be signed and delivered by its duly authorized officer or representative, all as of the date first set forth above. Bal Harbour Village Consultan Martin Packer, May r Kurt Stange Attes f . Dwight S. Danie, Village Clerk Approved as to form and legal sufficiency for the use and reliance of the Bal Harbour Village only. By: er-- /Village Attorney EXHIBIT "A" RFQ 2015-03 VILLAGE OF BAL HARBOUR, FLORIDA REQUEST FOR QUALIFICATIONS NO. 2015-03 HOLIDAY LIGHTING AND DECORATION DISPLAY SERVICES TABLE OF CONTENTS SECTION 1 - NOTICE OF REQUEST FOR QUALIFICATIONS.......................................................4 1.1 NOTICE OF SOLICITATION....................................................................................................4 1.2 GENERAL OVERVIEW............................................................................................................4 1.2.1 SERVICES SOUGHT........................................................................................................4 1.2.2 MINIMUM QUALIFICATIONS..........................................................................................4 1.2.3 AGREEMENT FOR THE PROVISION OF SERVICES................................................4 1.3 SUBMISSION OF PROPOSALS.............................................................................................5 1.3.1 AVAILABILITY OF SOLICITATION DOCUMENTS......................................................5 1.3.2 PROPOSAL SUBMISSION DEADLINE.........................................................................5 1.3.3 GENERAL REQUIREMENTS FOR SUBMISSION.......................................................5 1.3.4 QUESTIONS.......................................................................................................................6 SECTION 2 - SCOPE OF SERVICES...................................................................................................7 2.1 BACKGROUND..........................................................................................................................7 2.2 SCOPE OF SERVICES............................................................................................................7 SECTION 3 - GENERAL CONDITIONS................................................................................................9 3.1 RFQ DOCUMENTS...................................................................................................................9 3.2 TAXES.........................................................................................................................................9 3.3 INTERPRETATIONS AND INQUIRIES..................................................................................9 3.4 VERBAL INSTRUCTIONS.......................................................................................................9 3.5 NO CONTINGENCY FEES......................................................................................................9 3.6 NON -ASSIGNMENT AND NON-TRANSFERABILITY......................................................10 3.7 FAMILIARITY WITH LAWS AND ORDINANCES...............................................................10 3.8 ADVERTISING.........................................................................................................................10 3.9 AGREEMENT EXECUTION...................................................................................................10 3.10 FACILITIES...............................................................................................................................10 3.11 WITHDRAWAL OR REVISION OF PROPOSAL PRIOR TO AND AFTER OPENING 11 3.12 VILLAGE'S EXCLUSIVE RIGHTS: ....................................................................................... 3.13 ADDENDA.................................................................................................................................11 3.14 PUBLIC RECORDS.................................................................................................................li 3.15 PUBLIC ENTITY CRIME.........................................................................................................11 1 3.16 INSURANCE REQUIREMENTS...........................................................................................12 3.17 INDEMNIFICATION.................................................................................................................13 3.18 ADDITIONAL TERMS AND CONDITIONS..........................................................................13 3.19 DISQUALIFICATION OF PROPOSERS..............................................................................13 3.20 ADJUSTMENT, CHANGES AND DEVIATIONS.................................................................13 3.21 SUBCONTRACTING...............................................................................................................13 3.22 EMPLOYMENT OF DISABLED INDIVIDUALS...................................................................13 SECTION4 - PROCUREMENT............................................................................................................15 4.1 AVAILABILITY OF SOLICITATION DOCUMENTS............................................................15 4.2 SUBMISSION OF PROPOSALS...........................................................................................15 4.2.1 COPIES.............................................................................................................................15 4.2.2 PACKAGING.....................................................................................................................15 4.2.3 COSTS OF PREPARATION..........................................................................................15 4.2.4 WITHDRAWAL, RETURN, MODIFICATION AND CORRECTION ..........................15 4.2.5 LOBBYISTS......................................................................................................................15 4.3 PROPOSAL SUBMISSION DEADLINE...............................................................................16 4.4 METHOD OF AWARD............................................................................................................16 4.4.1 PROPOSAL EVALUATION AND SCORING...............................................................16 4.4.2 PROPOSER PRESENTATIONS...................................................................................16 4.5 PROCUREMENT SCHEDULE..............................................................................................16 4.6 QUESTIONS AND REQUESTS FOR CLARIFICATION...................................................16 4.7 PROPOSAL FORMAT............................................................................................................17 4.7.1 COVER PAGE..................................................................................................................17 4.7.2 TABLE OF CONTENTS..................................................................................................17 4.7.3 INTRODUCTION LETTER..............................................................................................17 4.7.4 MINIMUM QUALIFICATIONS........................................................................................17 4.7.5 QUESTIONNAIRE............................................................................................................18 4.7.6 CURRICULUM VITAE.....................................................................................................19 4.7.7 CLIENT REFERENCES..................................................................................................19 4.7.8 CLIENT PERFORMANCE EVALUATION SURVEY..................................................19 4.7.9 ADDITIONAL FORMS.....................................................................................................19 4.8 EVALUATION OF SUBMITTED PROPOSALS..................................................................19 4 4.8.1 EVALUATION COMMITTEE..........................................................................................19 4.8.2 EVALUATION CRITERIA................................................................................................19 4.9 PROTEST PROCEDURES....................................................................................................20 4.9.1 STANDING........................................................................................................................20 4.9.2 PROCEDURE...................................................................................................................20 FORM1.....................................................................................................................................................22 FORM2.....................................................................................................................................................25 FORM3.....................................................................................................................................................27 FORM4..................................................................................................................................................... 28 3 SECTION 1 — NOTICE OF REQUEST FOR QUALIFICATIONS 1.1 NOTICE OF SOLICITATION NOTICE IS HEREBY GIVEN that Bal Harbour Village, Florida (the "VILLAGE") will be accepting sealed proposals ("Proposals") for: REQUEST FOR QUALIFICATIONS NO. 2015-03 Holiday Lighting and Decorations Display Services The Village is requesting Proposals from qualified and experienced firms ("Proposers") to provide Holiday Lighting and Decorations Display Services. Sealed Proposals must be received by the Village Clerk by no later than June 05, 2015 at 3:00 p.m. (the "Proposal Submission Deadline") at Village Hall, 655 951h Street, Bal Harbour Village, Florida 33154. 1.2 GENERAL OVERVIEW 1.2.1 SERVICES SOUGHT The holiday lighting and decoration display services (the "Holiday Lighting and Decoration Display Services" or the "Services") shall generally consist of collaborating with VILLAGE staff and members of the public to develop and implement a multi -year Holiday Lighting and Decorations Display program that will be expanded as budget permits. The VILLAGE is interested in working with a qualified contractor to: retrofit, install, remove, maintain and store existing VILLAGE -owned holiday lighting and decorations; develop and supply new custom holiday lighting and decorations for use within the VILLAGE; facilitate the rental of holiday Light Emitting Diode (LED) lighting and other decorations, to be determined on an as -needed basis; and inspect on a daily basis and remove all installed lighting, decoration and related equipment. 1.2.2 MINIMUM QUALIFICATIONS In order to be considered, Proposers must provide with their submittal, evidence that they are qualified to satisfactorily perform the specified Services. Evidence shall include all information necessary to certify that the Proposer: maintains a permanent place of business; has not had just or proper claims pending against the Proposer or the Proposer's firm; and has provided services of a type similar to the Services sought through this RFQ. The evidence will consist of listing of contracts for similar services that have been provided to public and/or private -sector clients, within a minimum of the last five years. 1.2.3 AGREEMENT FOR THE PROVISION OF SERVICES Subject to the approval of the Village Council of Bal Harbour Village, the agreement to be awarded (the "Agreement") as a result of this solicitation shall be for the provision of Holiday Lighting and Decorations Display Services. The estimated term of the Agreement shall be three years, with two optional three-year renewal periods. 1.3 SUBMISSION OF PROPOSALS 1.3.1 AVAILABILITY OF SOLICITATION DOCUMENTS Request For Qualifications No. 2015-03 for Holiday Lighting and Decorations Dis�lay Services (the "RFQ") will be made available to interested parties at Village Hall, 655 95t Street, Bal Harbour Village, Florida 33154, Monday through Friday from 9:30 a.m. to 4:30 p.m. Proposals shall be submitted in the formed required in the RFQ. Additionally, The Village utilizes Public Purchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFQ. Any prospective proposerwho has received this RFQ byany means otherthan through Public Purchase must register immediately with Public Purchase to assure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of proposal submitted. iKCPM:2 Ti1Zi-1_��fiJ_3����il��i•],1B Jklm Proposals must be received by the Village Clerk by the Proposal Submission Deadline, as indicated by the official clock at Village Hall. Sealed Proposals will be opened publicly at Village Hall immediately after the Proposal Submission Deadline. Any Proposal received after the Proposal Submission Deadline will be returned unopened. The responsibility for submitting Proposals before the Proposal Submission Deadline is solely that of the Proposer. The Village will not be responsible for delays caused by mail, including U.S. Mail, courier service, or any other occurrence. 1.3.3 GENERAL REQUIREMENTS FOR SUBMISSION Each Proposal shall be submitted in a separate plain sealed parcel, box or other secure packaging marked as the "Proposal". The outside of the sealed package must clearly indicate "RFQ NO. 2015-03_, HOLIDAY LIGHTING AND DECORATIONS DISPLAY SERVICES", and shall be submitted to the Village Clerk at Village Hall, 655 95`h Street, Bal Harbour Village, Florida 33154. The outside of the sealed package must clearly indicate the Proposer's name, mailing address and the name and telephone number of the Proposer's contact person. The Proposal shall contain five complete paper copies and one electronic original, all of which must contain all information required for the Proposal to be considered fully responsive to the requirements contained in the RFQ. Proposals submitted to the Village Clerk shall not be returned to the Proposer for any reason. No Proposal may be withdrawn within 90 calendar days after the Proposal Submission Deadline. Withdrawal before the expiration of this 90-day period, or modification or correction of a Proposal after it has been opened by the Village Clerk shall constitute breach by the Proposer. The Village will not supply or sell any materials, including, but not limited to, envelopes, labels or tape, to any Proposer in connection with the submission or preparation of a Proposal. The Village Council of Bal Harbour Village reserves the right to reject any and all Proposals, to waive any informality within a Proposal, and to award an agreement pursuant to this RFQ in the best interests of the VILLAGE. All lobbyists must register with the Village prior to engaging in any lobbying related to or in connection with this RFQ. The lobbying registration requirements of the Village are set forth in Section 2-301 of the Village Code. 1.3.4 QUESTIONS Any questions concerning the RFQ shall be submitted in writing no later than seven business days prior to the Proposal Submission Deadline to John Oldenburg by first class mail at 655 96'" Street, Bal Harbour Village, Florida 33154, or by email at IoldenburgCDbalharbour.org. 0 SECTION 2 - SCOPE OF SERVICES 2.1 BACKGROUND Through this Request for Quotations No. 2015-03 (the "RFQ"), the Village of Bal Harbour, Florida (the "VILLAGE") is requesting sealed proposals (a "Proposal") from experienced firms (a "Proposer") to provide holiday lighting and decorations display services (the "Holiday Lighting and Decorations Display Services" or the "Services") relating to the development and implementation of a VILLAGE -wide holiday lighting and decoration display program (the .'Project"). An Evaluation Committee shall evaluate and rank each Proposal submitted in accordance with the requirements set forth in the RFQ. Upon the approval of the Village Council of the recommendation of the Village Manager and authorization to negotiate with the highest -ranked Proposer, the VILLAGE shall negotiate with the selected Proposer the terms of an agreement (the "Agreement") for the provision of the Services necessary for the completion of the Project. The successful Proposer (the "CONTRACTOR") will provide the Services pursuant to the requirements contained herein and the terms and conditions of the Agreement. 2.2 SCOPE OF SERVICES INSTALLATION, MAINTENANCE, REMOVAL AND STORAGE: CONTRACTOR will be responsible for the installation, maintenance, removal and storage of all VILLAGE -owned and CONTRACTOR -provided lights and decorations. The lighting and decoration shall be installed, maintained and removed and stored as noted in the following paragraphs during the holiday season between mid -November and early January (the "Holiday Lighting Season"), with actual dates to be specified by the VILLAGE's Representative, for the term of the Agreement. All lights and decorations should be on display and ready to illuminate by no later than November 15`" and shall remain on display until, at least, the first week of January. The actual "turn -on date" will be determined by the VILLAGE. During the Holiday Lighting Season, daily inspection and maintenance of all lighting and decorations to ensure proper functioning is required. CONTRACTOR shall have a lighting crew trained and experienced in maintaining and restoring the holiday lighting systems, including LED lights sets, and shall inspect all the VILLAGE -wide holiday lighting and decorations each and every evening during the Holiday Lighting Season. At the conclusion of the daily evening inspection, CONTRACTOR's lighting crew shall reset, modify and take all actions possible to ensure the VILLAGE's holiday decorations and lights are functioning as intended. A summary of each evening's inspection shall be provided to the VILLAGE in writing the following day, prior to 1:00 P.M. The inspection summary shall highlight any deficiencies identified during the evening inspection and specify any assistance required by the VILLAGE (Parks and Public Spaces Department) to restore the lighting and/or decorations to operational status. Additionally, CONTRACTOR shall maintain a 24-hour per day, 7 day per week call center with a primary and secondary point of contact during the Holiday Lighting Season, to which outages and other problems can be reported. CONTRACTOR shall respond within eight hours by being on site at the designated area upon notification by the VILLAGE or its designated representative of a request to address a reported problem. CONTRACTOR shall ensure that all VILLAGE holiday lights and decorations are functioning by 5:00 p.m. each day during the Holiday Lighting Season. The VILLAGE reserves the right to select any, all or no area for decorations or installation in a particular year of the Agreement. The VILLAGE shall also have the option of not installing any lighting or decorations for a complete Holiday Lighting Season(s) and continue to pay for the restorative maintenance and storage of the VILLAGE -owned holiday lighting and decorations on an annual basis, at its sole discretion. RENTAL OF LED LIGHTS: CONTRACTOR shall arrange for the rental, delivery, installation, daily inspection, maintenance and removal of new LED light sets to and from the locations identified under the Agreement. CONTRACTOR shall have a lighting crew specifically trained and experienced in maintaining and restoring the rented LED light sets each and every evening during the Holiday Lighting Season. CONTRACTOR will furnish all labor, machinery, tools, transportation means, supplies equipment, materials, services and all incidentals necessary for the full operations of the rental LED lights. Specifications for LED Rental Light Sets (50 lights per set): • Constructed with a coaxial connection and a threaded coupling cap to reinforce end -to - end bond. • Ground Fault Interrupter (GFI) safety feature designed to prevent shock hazard and to reduce tripping compared to a standard incandescent light set. • Injection -molded bulbs and sockets • Water-tight/non-replaceable bulbs. • Salt -water resistant connections. • Long-lasting, low -maintenance, energy -efficient. • Bulbs are cool to the touch. • The LED lens style and color will be determined during program development. VILLAGE -OWNED INVENTORY: CONTRACTOR shall be responsible, at a minimum, for the inspection, installation, annual preventative/restorative maintenance, operation, removal, and storage of VILLAGE's existing inventory of holiday decorations. CONTRACTOR shall store the decorations in an insurable, dry clean storage facility acceptable to the VILLAGE's Parks and Public spaces Director or his/her, designee, and accessible for the VILLAGE to inspect during regular business hours. SECTION 3 - GENERAL CONDITIONS 3.1 RFQ DOCUMENTS This RFQ, consisting of 30 pages and including Forms 1-4, constitutes the complete set of RFQ documents (the "RFQ Documents"). All RFQ Documents must be executed, sealed and submitted as described in this RFQ. Proposals shall be submitted in the form proscribed herein. By submitting a Proposal, the Proposer agrees to be subject to all terms and conditions specified herein. No exception to the terms and conditions in this RFQ shall be allowed. Submittal of a Proposal to this RFQ constitutes a binding offer by the Proposer. A Proposer's failure to comply with any provisions in this RFQ may result in disqualification, at the discretion of the VILLAGE. 3.2 TAXES The CONTRACTOR shall not be entitled to the VILLAGES's tax exempt benefits 3.3 INTERPRETATIONS AND INQUIRIES All Proposers shall carefully examine the RFQ Documents. Any ambiguities or inconsistencies shall be brought to the attention of the VILLAGE or its agent in writing prior to the Proposal Submission Deadline. Any questions concerning this RFQ shall be submitted in writing to John Oldenburg, by first class mail at 655 96th Street Bal Harbour Village, FL 33154 or by e-mail atLoOdenburg(a)balharbourflorida.com no later than seven days before the Proposal Submission Deadline. Submission of a Proposal will serve as prima facie evidence that the Proposer has examined the RFQ and is fully aware of all conditions affecting the provision of services. No person is authorized to give oral interpretations of, or make oral changes to, the RFQ Documents. Oral statements will not be binding and should not be relied upon. Any interpretation of, or changes to, the RFQ Documents will be made in the form of a written addendum to the RFQ document and will be furnished by the VILLAGE to all Proposers. Only those interpretations of, or changes to, the RFQ Documents that are made in writing and furnished to Proposers by the VILLAGE may be relied upon. 3.4 VERBAL INSTRUCTIONS No negotiations, decisions, or actions shall be initiated or executed by a Proposer as a result of any discussions with any VILLAGE employee. Only those communications from Proposers, which are signed and in writing, will be recognized by the VILLAGE as duly, authorized expressions on behalf of the Proposer. 3.5 NO CONTINGENCY FEES By submitting a Proposal, the Proposer warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Proposer, to solicit or secure an agreement resulting from the successful Proposal, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Proposer, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of that Agreement. 3.6 NON -ASSIGNMENT AND NON -TRANSFERABILITY Proposals shall not be assigned or transferred. A Proposer who is, or may be, purchased by or merged with any other corporate entity during any stage of the Proposal process, through to and including awarding of and execution of an Agreement, is subject to having its Proposal disqualified as a result of such transaction. The VILLAGE Manager shall determine whether a Proposal is to be disqualified in such instances. If, at any time during the Proposal process, filings, notices or like documents are submitted to any regulatory agency concerning the potential acquisition of a Proposer, or the sale of a controlling interest in the Proposer, or any similar transaction, the Proposer shall immediately disclose such information to VILLAGE. Failure to do so may result in the Proposal being disqualified, at the VILLAGE's sole discretion. 3.7 FAMILIARITY WITH LAWS AND ORDINANCES The submission of a Proposal for the provision of the Services requested herein shall be considered as a representation that the Proposer is familiar with all federal, state and local laws, ordinances, rules and regulations which affect those engaged or employed in the provision of such Services, or equipment used in the provision of such Services, or which in any way affects the conduct of the provision of such Services, and no plea of misunderstanding will be considered on account of ignorance thereof. If the Proposer discovers any provisions in the RFQ Documents that are contrary to or inconsistent with any law, ordinance, or regulation, he shall report it to the VILLAGE in writing without delay. 3.8 ADVERTISING By submitting a Proposal, the Proposer agrees not to use the results therefrom as a part of any advertising or Proposer -sponsored publication without the express written approval of the Village Manager or designee. 3.9 AGREEMENT EXECUTION The terms, conditions and provisions in this RFQ shall be included and incorporated in the final Agreement between the VILLAGE and the successful Proposer. In the event of a discrepancy between the Agreement executed and the RFQ, the order of precedence will be: the Agreement, the RFQ Documents, the Proposal and general law. Such Agreement shall be in a form and of a legal sufficiency that is approved by the Village Attorney. Any and all legal action necessary to interpret or enforce the Agreement will be governed by the laws of Florida. The venue shall be Miami -Dade County, Florida. 3.10 FACILITIES The Village Manager or designee reserves the right to inspect each Proposer's facilities at any reasonable time, during normal working hours, without prior notice to determine that the Proposer has a bona fide place of business, and is a responsible Proposer. 10 3.11 WITHDRAWAL OR REVISION OF PROPOSAL PRIOR TO AND AFTER OPENING No Proposal may be withdrawn within 90 calendar days after the Proposal Submission Deadline. Withdrawal before the expiration of this 90-day period, or modification or correction of a Proposal after it has been opened by the Village Clerk shall constitute breach by the Proposer. 3.12 VILLAGE'S EXCLUSIVE RIGHTS: The VILLAGE reserves the exclusive rights to: 3.12.1 Waive any deficiency or irregularity in the selection process; 3.12.2 Accept or reject any or all qualifications statements in part or in whole; 3.12.3 Request additional information as appropriate; 3.12.4 Award all or a portion of the Services set forth in the RFQ as determined to be in the best interest of the VILLAGE; 3.12.5 Reject any or all Proposals if found by the Village Manager or Council not to be in the best interest of the VILLAGE; and/or 3.12.6 Reject the sole Proposal in the event of a sole Proposal. 3.13 ADDENDA The VILLAGE reserves the right to issue addenda to this RFQ. Each Proposer shall acknowledge receipt of such addenda in writing. In the event any Proposer fails to acknowledge receipt of such addenda, its Proposal shall nevertheless be construed as though the addenda had been received and acknowledged and the submission of its Proposal shall constitute acknowledgment of receipt of all addenda, whether or not received by the Proposer. It is the responsibility of each Proposer to verify that it has received all addenda issued before submitting a Proposal to the VILLAGE. 3.14 PUBLIC RECORDS Upon award recommendation or 30 days after Proposal opening, whichever is earlier, any material submitted in response to this RFQ will become property of the VILLAGE and shall constitute a "public record" under Florida Law, subject to public disclosure consistent with Chapter 119, Florida Statutes (the "Florida Public Record Law"). Proposers must claim the applicable exemptions to disclosure provided by law in their Proposal to the RFQ by identifying materials to be protected, and must state the reasons why such exclusion from public disclosure is necessary and legal. The VILLAGE reserves the right to make all final determinations of the applicability of the Florida Public Records Law. 3.15 PUBLIC ENTITY CRIME Pursuant to Florida Statutes Section 287.133(3)(a), all Proposers must sign and complete the Public Entity Crime Sworn Statement attached as Form 4 to this RFQ. A person or affiliate who has been placed on the convicted vendor list following a conviction of a public entity crime may 11 not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a consultant, supplier, or subcontractor, under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 3.16 INSURANCE REQUIREMENTS The successful Proposer shall purchase and maintain through the term of its engagement with the VILLAGE such professional liability, workers compensation coverage and other insurance as is appropriate for the Services being performed hereunder by the successful Proposer, its employees or agents. All insurance policies shall be issued by companies authorized to do business in the State of Florida and shall have a rating of at least B+:VI or better per Best's Key Rating Guide, latest edition. The amounts and types of insurance shall conform to the following minimum requirements: 3.16.1 Worker's Compensation Coverage must apply for all employees and statutory limits in compliance with the applicable state and federal laws. In addition, the policy must include the following: • Employer's Liability with a minimum limit per accident in accordance with statutory requirements; and • The policy must be endorsed to provide VILLAGE with 30 days' written notice of cancellation and/or restriction. 3.16.2 General Liability coverage must include: • $2,000,000.00 combined limit per claim; and • Contractual coverage applicable to this specific Agreement, including any hold harmless and/or indemnification Agreement. 3.16.3 Comprehensive Automobile Liability Coverage must be afforded on a form no more restricted than the latest edition of the Comprehensive Automobile Liability Policy filed by the Insurance Services Office and must include: • $2,000,000.00 combined single limit per accident for bodily injury and property damage; • Owned Vehicles; • Hired and Non -Owned Vehicles; • Employee Non -Ownership; and • The policy must be endorsed to provide the VILLAGE with 30 days' written notice of cancellation and/or restriction. 12 3.16.4 CONTRACTOR shall provide the VILLAGE with certificates of insurance evidencing the coverage required herein. With the exception of the worker's compensation insurance policy and professional liability policy, CONTRACTOR shall provide an endorsement to the policy naming the VILLAGE as additional insured and providing that the policy may not be cancelled without thirty days' prior written notice to the VILLAGE. 3.17 INDEMNIFICATION 3.17.1 CONTRACTOR shall indemnify and hold harmless the VILLAGE, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of the Services. 3.17.3 CONTRACTOR acknowledges that specific consideration will be paid under this procurement for this hold harmless and indemnification provision, and further agrees with the foregoing provisions of indemnity and agrees to pay for and maintain in force at all times during the term of the Agreement awarded under this RFQ, all of the insurance policies required herein. 3.18 ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions submitted by the Proposer with the Proposal shall be evaluated or considered. Any and all such additional terms and conditions shall have no force or effect and shall be deemed inapplicable to this RFQ. 3.19 DISQUALIFICATION OF PROPOSERS The VILLAGE shall not consider more than one Proposal from any individual, firm partnership, corporation or association operating under the same or different names. Reasonable grounds for believing that a Proposer is involved in more than one Proposal for the same work will be cause for rejection of all Proposals in which Proposer is believed to be involved. 3.20 ADJUSTMENT, CHANGES AND DEVIATIONS Unless expressly provided for in the specifications of the RFQ, no adjustments changes or deviations to the RFQ will be accepted. 3.21 SUBCONTRACTING No subcontracting, including employee leasing, shall be permitted without the prior written approval of the Village Manager, which may be given in his or her sole and absolute discretion. Proposers shall include a list of all subcontractors that Proposer intends to utilize in the performance of the Services contemplated in this RFQ. If the additional or substitute subcontractors are utilized during the term of the Agreement, a list of the proposed additional or substitute subcontractors shall be presented to the Village Manger for his approval. 3.22 EMPLOYMENT OF DISABLED INDIVIDUALS The VILLAGE is supportive of the hiring and employment of physically and developmentally disabled persons and strongly encourages the hiring of disabled persons by VILLAGE 13 contractors. CONTRACTORS shall use their best efforts to employ disabled persons in the performance of the Agreement. 14 SECTION 4 - PROCUREMENT 4.1 AVAILABILITY OF SOLICITATION DOCUMENTS This RFQ will be made available to interested parties at Village Hall, 655 951h Street, Bal Harbour Village, Florida 33154, Monday through Friday from 9:30 a.m. to 4:30 p.m. Proposals shall be submitted in the formed required by this RFQ. 4.2 SUBMISSION OF PROPOSALS 4.2.1 COPIES The Proposal shall contain five complete paper copies and one electronic original, all of which must contain all information required for the Proposal to be considered fully responsive to the requirements contained in the RFQ. The VILLAGE reserves the right to request additional copies of the Proposal, which shall be provided at no cost to the VILLAGE. 4.2.2 PACKAGING Each Proposal shall be submitted in a separate plain sealed parcel, box or other secure packaging marked as the 'Proposal'. The outside of the sealed package must clearly indicate "RFQ NO. 2015-03_, HOLIDAY LIGHTING AND DECORATIONS DISPLAY", and shall be submitted to the Village Clerk at Village Hall, 655 951h Street, Bal Harbour Village, Florida 33154. The outside of the sealed package must clearly indicate the Proposer's name, mailing address, and the name and telephone number of the Proposer's contact person. No facsimile, electronic or e-mail responses will be considered. 4.2.3 COSTS OF PREPARATION The VILLAGE will not supply or sell any materials, including, but not limited to, envelopes, labels or tape, to any Proposer in connection with the submission or preparation of a Proposal. The VILLAGE is not liable for any costs incurred by a Proposer in responding to this RFQ, including those for oral presentations. 4.2.4 WITHDRAWAL, RETURN, MODIFICATION AND CORRECTION Proposals submitted to the Village Clerk shall not be returned to the Proposer for any reason. No Proposal may be withdrawn within 90 calendar days after the Proposal Submission Deadline. Withdrawal before the expiration of this 90-day period, or modification or correction of a Proposal after it has been opened by the Village Clerk shall constitute breach by the Proposer. 4.2.5 LOBBYISTS All lobbyists must register with the VILLAGE prior to engaging in any lobbying related to or in connection with this RFQ. The lobbying registration requirements of the VILLAGE are set forth in Section 2-301 of the VILLAGE Code. 15 4.3 PROPOSAL SUBMISSION DEADLINE Proposals must be received by the Village Clerk by must be received by the Village Clerk by the Proposal Submission Deadline on June 05, 2015 at 3:00 p.m., as indicated by the official clock at Village Hall. Sealed Proposals will be opened publicly at Village Hall immediately after the Proposal Submission Deadline. Any Proposal received after the Proposal Submission Deadline will be returned unopened. The responsibility for submitting Proposals before the Proposal Submission Deadline is solely that of the Proposer. The VILLAGE will not be responsible for delays caused by mail, including U.S. Mail, courier service, or any other occurrence. 4.4 METHOD OF AWARD 4.4.1 PROPOSAL EVALUATION AND SCORING An Evaluation Committee, which will be appointed by the Village Manager, will review, evaluate and score each Proposal in accordance with the requirements set forth in this RFQ. If further information is desired, Proposers may be requested to make additional written submittals and/or oral presentations to the Evaluation Committee. The Village Manager will consider the recommendation of the Evaluation Committee before recommending a firm for approval by the Village Council. The VILLAGE reserves the right to reject any and all Proposals, to waive any informality within a Proposal, and to award this RFQ in the best interests of the VILLAGE. 4.4.2 PROPOSER PRESENTATIONS Based on its scoring of the Proposers, the Evaluation Committee may invite select Proposers in for presentations. 4.5 PROCUREMENTSCHEDULE The tentative schedule for this solicitation is as follows: EVENT DATE RFQ Issuance May 01,2015 Deadline for Questions May 28,2015 Proposal Submission Deadline June 05,2015 Evaluation Committee Meeting TBD Finalist Presentations TBD Council Recommendation TBD 4.6 QUESTIONS AND REQUESTS FOR CLARIFICATION The contact person for this RFQ shall be: John Oldenburg, Director Parks and Public Spaces 655 961h Street, Bal Harbour Village, FL 33154 305-866-4633 Joldenburg(o)balharbour.ora 16 Any questions or requests for clarification must be made in writing. E-mail requests are acceptable. Please send all questions and/or requests for clarification to the contact named above, no later than seven days prior to the Proposal Submission Deadline noted above. Failure to submit requests in writing by the specified time shall not be grounds for a protest. While the written requirements of this RFQ and its amendments are binding, oral communications between Proposers and the VILLAGE are not. !Y ] :IQ 901-i_1"IIII&I7 Proposals shall be organized and tabbed in accordance with the sections and manner specified below. Hard -copy submittals should be bound and tabbed as set forth below and include a table of contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references. Respondents should prepare their submittal on 8.5-inch by 11-inch paper. A Proposal may include other materials such as covers, appendices and brochures, but must contain the documents set forth below, each fully completed, and signed as required, in order to be considered responsive. 4.7.1 COVER PAGE The first page of the Proposal shall indicate that it is a Proposal submitted in response to this RFQ, identify the Proposer and its principals, designate one contact person for the Proposal and set forth the Proposer and contact person's address, telephone and facsimile numbers and e- mail address. 4.7.2 TABLE OF CONTENTS The Proposal table of contents shall 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. 4.7.3 INTRODUCTION LETTER The introduction letter shall summarize the Proposer's qualifications and areas of specialization, and shall demonstrate that the Proposer meets each of the Qualitative Criteria set forth in Section 4.7.4 below. 4.7.4 MINIMUM QUALIFICATIONS Proposers must be able to demonstrate an exemplary record of performance the past five years, and have sufficient financial capacity equipment, and organization to ensure that they can satisfactorily provide the Services if awarded an Agreement under the terms and conditions of this solicitation. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the VILLAGE. Proposals will only be considered from firms which are regularly engaged in the business of providing the Services as described in this RFQ. 17 To satisfy the Minimum Qualifications requirement, the Proposal must: 1. Proposer's Experience: Indicate the Proposer's years of experience in providing the Services. Proposer must have completed a minimum of 10 Municipal or Commercial Holiday Lighting Programs/Displays projects with a total construction cost of not less than $150,000.00 within the past ten years. Additionally, both the principal of the Proposer and the project manager assigned to oversee the Project must have a minimum of five years' experience in the planning, design and construction administration of municipal lighting projects. 2. Qualifications of Project Team: Indicate the years of experience, of the individuals who will be performing the Services, including all sub -consultants. Individuals performing the Services must have prior experience within the past ten years with at least five municipal or commercial holiday lighting programs or display projects at a minimum construction cost of $100,000.00. Provide resumes for key team members, including key sub -consultants, as well as a project team organizational chart. It is preferred, but not necessary, for the sub - consultants to have completed similar projects. 3. Principal in Charge's Experience: Provide a comprehensive summary of the experience and qualifications of the chief executive of the Proposer. This individual must have completed a minimum of five municipal or commercial holiday lighting programs or display projects at a minimum construction cost of $150,000.00. 4. Project Manager's Experience: Provide a comprehensive summary of the experience and qualifications of the individual who will be selected to serve as the Project Manager. This individual must have completed a minimum of five municipal or commercial holiday lighting programs or display projects at a minimum construction cost of $150,000.00. This individual must be capable of speaking and making decisions on behalf of the Proposer. 5. Similar Projects: Provide a list of not less than five, nor more than ten similar projects on which Proposer, and where applicable, sub -consultants, have been directly involved and responsible. a. Provide a schedule of current and past projects of similar scope and magnitude for which the Proposer has provided services and describe those services. For each project provide anticipated or proposed schedule and budget and actual schedule and budget. b. List all projects done by Proposer, in the role of primary consultant or sub consultant in the last five years, and describe the roles of the personnel proposed to provide the Services in those projects. 4.7.5 QUESTIONNAIRE Proposer shall complete the Questionnaire attached as Form 1 to this RFQ and include its responses to same with the Proposal. Hi 4.7.6 CURRICULUM VITAE Proposer must include in the Proposal the curriculum vitae of each of the firm's principals and each of Proposer's employees, staff members, volunteers and/or subcontractors that would assist in the provision of Services sought through this solicitation. 4.7.7 CLIENT REFERENCES The Proposal shall include a list of a minimum of five client references, each which includes the name, title, company, address, telephone and facsimile numbers and email addresses. By submitting said references, the Proposer authorizes the Evaluation Committee to communicate with the person or firms listed regarding the Proposer's experience in providing the Services. 4.7.8 CLIENT PERFORMANCE EVALUATION SURVEY Each Proposer shall submit, from a minimum of five existing or previous clients, the Performance Evaluation Letter and Survey attached as Form 2 to this RFQ. The Proposer shall provide the Evaluation Letter and Survey to its clients and request that the clients submit the completed survey to John Oldenburg at 655 961h Street, Bal Harbour Village, Florida 33154, or by email at loldenburgPbalharbour.org on or before June 05 ,2015 . Proposers are responsible for ensuring that the required number of clients return completed Performance Evaluation Surveys to the VILLAGE. The VILLAGE reserves the right to verify and confirm any information submitted as part of the Performance Evaluation Survey. Such verification may include, but is not limited to, speaking with clients, reviewing the relevant client documentation, site visitation, and any other method of independently confirming the data submitted. 4.7.9 ADDITIONAL FORMS The Proposer shall complete Forms 3 and 4 attached to this RFQ and include the completed forms with their submittal. 4.8 EVALUATION OF SUBMITTED PROPOSALS 4.8.1 EVALUATION COMMITTEE The Evaluation Committee shall meet to evaluate each Proposal in accordance with the Evaluation Criteria established herein. In doing so, the Evaluation Committee may review and score all Proposals received, with or without conducting oral presentations, or review all Proposals received and short-list one or more Proposers to be further considered in oral presentations, using the established criteria. 4.8.2 EVALUATION CRITERIA The Evaluation Committee shall rank the Responders according to and base its recommendation to the Village Council on the following factors: • Experience of the Proposer (maximum of 20 points) • Experience of the professionals that will be involved in the provision of Services (maximum of 10 points) 19 " Availability of resources to perform the required Services (maximum of 15 points) " Proposed approach towards the delivery of Services (maximum of 15 points) " Recent, current, and projected workloads of the Proposer (maximum of 10 points) " Quality of references (maximum of 30 points) Inspection of the Proposer's facility may be made prior to the award of the Agreement. The VILLAGE may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience), in making an award that is in the best interest of the VILLAGE. The VILLAGE may, during the period that the Agreement between the VILLAGE and the successful Proposer is in force, review the successful Proposer's record of performance to ensure that the Proposer is continuing to provide sufficient financial support, equipment, and organization as prescribed in this solicitation. Irrespective of the Proposer's performance on any Agreement awarded to it by the VILLAGE, the VILLAGE may place said Agreement on probationary status and implement termination procedures if the VILLAGE determines that the successful Proposer no longer possesses the financial support, equipment, or organizational capacity which would have been necessary during the Proposal evaluation period in order to comply with the demonstration of competency required under this subsection. 4.9 PROTEST PROCEDURES 4.9.1 STANDING Parties that are not actual Proposers, including, but not limited to, subcontractors, material and labor suppliers, manufacturers and their representatives, shall not have standing to protest or appeal any determination made pursuant to this section. 4.9.2 PROCEDURE 4.9.2.1 Protest of Failure to Qualify. Upon notification by the VILLAGE that a Proposer is deemed non -responsive and/or non -responsible, the Proposer who is deemed non- responsive and/or non -responsible may file a protest with the Village Clerk by close of business on the third Business Day after notification (excluding the day of notification) or any right to protest is forfeited. (Village Hall hours are as follows: Monday -Thursday from 9:00 am to 5:00 pm and Friday from 8:00 am to 3:00 pm.) 4.9.2.2 Protest of Award of Agreement. After a Notice of Intent to Award an Agreement is posted, any proposer who is aggrieved in connection with the pending award of the Agreement or any element of the process leading to the award of the Agreement may file a protest with the Village Clerk by close of business on the third Business Day after posting (excluding the day of posting) or any right to protest is forfeited. 4.9.2.3 Content and filing. The protest shall be in writing, shall identify the name and address of the protester, and shall include a factual summary of, and the basis for, the protest. Filing shall be considered complete when the protest and the Protest Bond are received by the Village Clerk, as indicated by the official clock at the Village Hall reception desk. 20 4.9.2.4 Protest Bond. Any Proposer filing a protest shall simultaneously provide a Protest Bond to the VILLAGE in the amount of ten thousand dollars ($10,000). If the protest is decided in the protester's favor, the entire Protest Bond shall be returned to the protester. If the protest is not decided in the protester's favor, the Protest Bond shall be forfeited to the VILLAGE. The Protest Bond shall be in the form of a cashier's check. 4.9.2.5 Protest Committee. The Protest Committee shall review all protests. The Village Manager shall appoint the members of the Protest Committee. No member of the Village Council shall serve on the Protest Committee. The Village Attorney or designee shall serve as counsel to the Committee. The meeting of the Protest Committee shall be open to the public and all of the actual proposers shall be notified of the date, time and place of the meeting. If the Protest Committee determines that the protest has merit, the Village Manager shall direct that all appropriate steps be taken. If the Protest Committee denies the protest, the protester may appeal to the Village Council. All of the actual proposers shall be notified of the determination by the Protest Committee. The Protest Committee shall terminate upon the award of the Agreement, or such other time as determined by the Village Council. 4.9.2.6 Stay of award of Agreement or RFQ Process. In the event of a timely protest, the Village Manager shall stay the award of the Agreement or the RFQ process unless the Village Manager determines that the award of the Agreement without delay or the continuation of the RFQ process is necessary to protect any substantial interest of the VILLAGE. The continuation of the RFQ process or award under these circumstances shall not preempt or otherwise affect the protest. 4.9.2.7 Appeals to Village Council. Any actual proposer who is aggrieved by a determination of the Protest Committee may appeal the determination to the Village Council by filing an appeal with the Village Clerk by close of business on the third Business Day after the protester has been notified (excluding the day of notification) of the determination by the Protest Committee. The appeal shall be in writing and shall include a factual summary of, and the basis for, the appeal. Filing of an appeal shall be considered complete when the appeal is received by the Village Clerk. 4.9.2.8 Failure to file protest. Any actual Proposer that does not formally protest or appeal in accordance with this Section shall not have standing to protest or challenge an award of an Agreement by the Village Council. 21 FORM 1 QUESTIONNAIRE Firm Name: Firm Address: Firm Contact Information: Firm Representative (name and title): Representative Contact Information: Firm Type (circle one): Individual Partnership Corporation If Corporation: Date and Place of Incorporation: If Foreign Corporation: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President: Vice President: Treasurer: Board of Directors: If Partnership: Date and Place of Organization Partners: 22 On a separate sheet of paper, please provide answers to the following questions: 1. Number of years of relevant experience. 2. Please list the names, titles, responsibilities, qualifications and certifications for all staff members, employees, volunteers and/or subcontractors of Proposer that would be involved in the provision of Services. 3. Provide an organizational chart for the Proposer firm. 4. Describe Proposer's qualifications and experience in the provision of holiday lighting and decoration display services. 5. Have any agreements held by Proposer for a project ever been canceled or terminated? 6. Has Proposer or any of its principals failed to qualify as a responsible bidder, refused to enter into a contract after an award has been made, failed to complete a contract or declared to be in default in any contract in the last five years? 7. Has Proposer or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? 8. Has Proposer or any of its principals or employees been convicted in federal, state, county or municipal court for a violation of law other than a traffic violation? 9. Is the Proposer a party to any pending litigation? 10. Has the Proposer been a party to any lawsuit filed within the last 10 years? 11. Please list any person involved in this Proposal that is not listed above. 12. Please list potential, actual or perceived conflicts of interest in connection with this solicitation. 13. Has Proposer been involved in any discussions regarding a merger or acquisition of its firm, partnership with another firm or a transfer or assignment of its contracts, assets and/or liabilities? 23 Proposer hereby acknowledges that the information contained in this Questionnaire will be relied upon by the VILLAGE in awarding this solicitation, and such information is warranted by Proposer to be true. The undersigned Proposer agrees to furnish such additional information, prior to acceptance of any Proposal relating to the qualifications of Proposer, as may be required by the VILLAGE. Proposer further understands that the information contained in this Questionnaire may be confirmed through background investigation conducted by the VILLAGE. By submitting this Questionnaire, Proposer agrees to cooperate with said investigation, including but not limited to fingerprinting and providing information for a credit check. WITNESS: IF INDIVIDUAL Signature Print Name Print Name WITNESS: IF PARTNERSHIP: Print Name WITNESS Signature Print Name (CORPORATE SEAL) Attest: Print Name of Firm Address By: General Partner W7Mii -1=1i IF CORPORATION: Print Name of Firm Address By: President 24 FORM 2 PERFORMANCE EVALUATION COVER LETTER AND SURVEY Number of pages including this cover: 2 April 9, 2015 To: Phone: Fax: E-mail: Re: Performance Evaluation of To Whom It May Concern The Village of Bal Harbour, Florida (the "Village") has issued Request for Proposals No. 2015- 03_, requesting proposals from qualified and experienced holiday lighting and decorations display service providers. The above -referenced company has chosen to participate in this solicitation process and has listed you as a past or current client for whom they have done work. In connection with its solicitation, the Village collects past performance information on firms and contractors that provide professional services and compete for Village contracts. The information you provide will be used to assist the Village in the selection of a firm to provide holiday lighting and decorations display services. Both the company and the Village would greatly appreciate you taking a few minutes out of your busy day to complete the accompanying questionnaire. Please review all items in the following attachment and answer the questions to the best of your knowledge. If you cannot answer a particular question, please leave it blank. Please return this questionnaire to survey to John Oldenburg at 655 961h Street, Bal Harbour Village, Florida 33154, or by email at loldenbung(c�balharbour.ora. Thank you for your time and effort in this matter Name, Title 25 PERFORMANCE EVALUATION SURVEY VILLAGE OF BAL HARBOUR RFQ NO.2015-03_, HOLIDAY LIGHTING AND DECORATIONS DISPLAY SERVICES Company Name: Point of Contact: Phone and email: Nature of services provided: Please evaluate the performance of the Contractor Firm and/or Project manager. A score of 10 means you are very satisfied and have no questions about hiring them again, and a score of one is if you would never hire them again because of very poor performance. Please indicate by "N/A" if there is a criteria that does not apply. NO. CRITERIA SCORE (1 to 10) 1 Ability to perform the requested services 2 Accessibility of firm's staff and principals 3 Ability to ensure the project is completed on -time and within budget 4 Responsiveness 5 Quality of services provided 6 Quality and accuracy of on -site inspection 7 Ability to respond to feedback 8 Professionalism 9 Overall customer satisfaction Overall Comments: Company providing Referral: Contact Name: Contact Phone and e-mail: Date of Services: Dollar Amount for Services: Thank you for your time and effort. Please return this form to John Oldenburg at 655 9e Street, Bal Harbour Village, Florida 33154, or by email at ioldenburciftalharbour.org. 26 FORM 3 DRUG -FREE WORKPLACE PROGRAM CERTIFICATION Pursuant to Florida Statutes Section 287.087 ("Preference to Businesses with Drug -Free Workplace Programs"), whenever two or more bids, proposals, or replies that are equal with respect to price, quality, and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal, or reply received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. In order to have a drug -free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. Does the individual responding to this solicitation certify that their firm has implemented a drug - free workplace program in accordance with the provision of Section 287.087, Florida Statues, as stated above? YES NO NAME OF BUSINESS: SIGNATURE: 27 FORM 4 SWORN STATEMENT PURSUANT TO FLORIDA STATUTE SECTION 287.133(3)(a) ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to Bal Harbour Village, Florida. by: (print individual's name and title) for: (print name of entity submitting sworn statement) whose business address is: and (if applicable) its Federal Employer Identification Number (FEIN) is: (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ) 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations. 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contendere. 4. 1 understand that an "affiliate' as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States W with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners. Shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement, which I have marked below, is true in relations to the entity submitting this sworn statement. (Indicate which statement applies). ❑ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with ad convicted of a public entity crime subsequent to July 1, 1989. ❑ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. ❑ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list (attach a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Signature Sworn to and subscribed before me this day of , 20 Personally known OR Produced identification Notary Public, State of My commission expires: Type of identification Printed, typed or stamped commissioned name of notary public CO EXHIBIT "B" Item Founders Circle MCL will provide labor to install client owned 30' Panel Xmas tree Refurbish Customer Owned 30' Panel Tree: 1 - Change all (Aprox 1,800) C7 lights to W W LED C7 Lights. All sockets will have christmas gel and gaskets placed on them to prevent GFI issues. 2- Insoect and replace anv C7 line. Install MCL owned Trim Package - MCL Holiday Decor Collection - Crown Jewels Holiday Theme #2 for Customer Owned 35' Panel Tree. includina Custom crustal inspired star t000er. Total 7500 decor items Install watedet out decerUve, illuminated Stage riser for the Customer Owned 35' Panel Tree Collins Ave Medjool trees Toppers MCL designed Azul style tree topper in the crown area Decorate medjool palms icicle frond embellishment to base of palm fronds -tree nut area Center Isle Area Decor Install 4'tall 3D silver glitter presents in center median. See diagram for locations. Install 4'tall 31) glitter ornaments in center median. See diagram for locations. Install Warm White 5MM LED mini lights drape around ground decor into the trees-17 strands per median Supplies to anchor strands, weiahts and fishing line included Monument signs Decor for monument sign in the rear of Founders Circle on 96th St Decor for monument sign in the center isle, over the bridge at the beginning of Sal Harbour 96th St at the comer of the Village Hall and the facilities department Village Hall 157 102 Install Clear incandescent C7 lights on the East and South faces of Village Hall roofline - Courtyard will be included. 1000 Equipment rental fee for 50' towable lift - charged per day 1 Sub Total $150,000.00 - Discount $0.00 Adjustment $0.00 Grand Total $160,000.00 10 EXHIBIT C PROJECT DISPLAY If I, \,sv��� \y ��/,\ � � � \ ^ �\ � � . » .i�, 2E:� ��Rf IR+ It J 0 0 L"�pp F'R, 10, IVVI �l 4 l f (t(t Y)♦ o 1 r Iffmoow", I ENM 88898 s 9991i a �G E �a