Loading...
HomeMy Public PortalAbout14-8773 Circle of One Sponsored by: City Manager RESOLUTION NO. 14-8773 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH CIRCLE OF ONE, LLC, TO DEVELOP AND PROMOTE AN ANNUAL SIGNATURE EVENT/FESTIVAL THAT WILL ATTRACT RESIDENTS AND TOURISTS TO THE GREAT CITY OF OPA- LOCKA,IN AN AMOUNT NOT TO EXCEED$40,000, PAYABLE FROM ACCOUNT NUMBER 19-519312, A BUDGETED ITEM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Commission of the City of Opa-locka ("City") desires to build a positive public image for the Great City of Opa-locka by outlining a strategic plan for a signature annual event/festival; and WHEREAS, the Mayor and City Commission adopted Resolution No. 13-8647,to issue a Request for Qualification("RFQ"), for a qualified, experienced Event Planner; and WHEREAS,out of the three entities who responded,Circle of One,LLC,was scored as the highest,most responsive bidder in the evaluation process; and WHEREAS,the City will compensate Circle of One, LLC,a fee of$40,000,with an initial down payment of$20,000,and the remainder of$20,000 to be paid upon acceptance of the plan and budget for the event; and WHEREAS, the City Commission desires to authorize the City Manager to enter into an agreement with Circle of One, LLC, as event planners for the City . NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Resolution No. 14-8773 Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka,Florida,hereby directs and authorizes the City Manager to enter into an agreement with Circle of One Marketing to create an annual signature festival that will attract residents and tourists to the Great City of Opa-locka,in an amount not to exceed$40,000,payable from account number 19-519312,a budgeted item. Section 3. This Resolution shall take effect immediately upon adoption. this 12th day of March, 2014. MOTION FAILED 1Y T LOR MAYOR Attest to: Approved as to orm and legal sufficiency: (DeLLI,A. I J• anna Flores Jo•,r . G 1 er W City Clerk G"EENSP I ON MARDER, PA 7 ty Atto ey Moved by: COMMISSIONER JOHNSON Seconded by: COMMISSIONER SANTIAGO Commission Vote: 3-2 Commissioner Holmes: NO Commissioner Johnson: NO Commissioner Santiago: YES Vice-Mayor Kelley: NO Mayor Taylor: YES oQp LockO A r _ 6 L1 R����I��ww..������ '6c-------- ,pry OAAORAt EO City of Opa-Locka Agenda Cover Memo Commission Item Type: Resolution— Ordinance Other Meeting Date: March 12, 2014 (Enter X in X box) Ordinance Reading: 1st 2nd Reading Yes No (Enter X in box) Reading Fiscal Impact: Public Hearing: Yes No Yes No X (Enter X in box) X X Funding Source: Budgeted Item Advertising Requirement: Yes No Acct Number: 1 9-51 931 2 (Enter X in box) X Contract/P.O. Yes No Required: X RFP/RFQ/Bid #: 13-1110100 (Enter X in box) Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: Enhance Organizational • Strategic Plan Bus. & Economic Dev El 2.2 Rebuild a positive City Related X Public Safety El public image (Enter X in box) Quality of Education 0 2.2.2e. Organize public/private Qual. of Life & City Image partnership to reestablish a city Communcation M festival and attract tourists/visitors. Sponsor Name City Manager Department: City Manager's Office Short Title: Resolution to enter into an agreement with Circle of One Marketing, Inc. to create an annual signature Festival that attracts residents and tourists to Opa-locka. Staff Summary In an effort to build a positive public image, the City of Opa-locka has outlined in its Strategic Plan to organize a signature annual event/festival that is built upon a public/private partnership. Towards that end, the Mayor and City Commission created Resolution #13-8647, passed and adopted on July 24, 2013 for a Reqeust for Qualifications from Circle of One,LLC Contract 1 I experienced event planners. As a result of the RFQ, Circle of One Marketing, Inc. not only submitted a RFQ, but they also scored the highest in the evaluations. Proposed Action: Staff recommends the Mayor and City Commission adopt a resolution and authorize the City Manager to enter into an agreement with Circle of One Marketing, Inc. for event planner services. Attachments: Resolution #13-8647 Circle of One Marketing Contract for Special Event Services RFQ NO: 13-1110100 Evaluation Committee Re-Review Circle of One,LLC Contract 2 0... Loch r. • 8Paagt1COZZO grieraia./. h` ry ;fx Kelvin L. Baker,Sr. Office: 305-953-2821 City Manager 305-953-2823 Fax: 305-953-2870 Memorandum TO: Mayor Myra Taylor Vice Mayor Joseph L. Kelley Commissioner Timothy Holmes Commissioner Dorothy `Dottie' Johns ' Commissioner Luis B. Santiago FROM: Kelvin L. Baker, Sr., City Man, DATE: March 3, 2014 RE: Resolution for the City of Opa-locka Mayor and Commission authorize the City Manager to enter into an agreement with Circle of One Marketing,Inc., for event planner services to develop and promote an annual signature event. Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT AGREEMENT WITH CIRCLE OF ONE MARKETING, INC., FOR EVENT PLANNER SERVICES TO DEVELOP AND PROMOTE AN ANNUAL SIGNATURE EVENT. IN ORDER TO IMPROVE THE CITY'S IMAGE AS OUTLINED IN THE STRATEGIC PLAN, THE CITY WANTS TO CREATE AN ANNUAL EVENT THAT REFELECTS THE OPA-LOCKA COMMUNITY AND ATTRACTS BOTH RESIDENTS AND TOURISTS WITHIN SOUTH FLORIDA. PROFESSIONAL COMPENSATION PAID TO CIRCLE OF ONE MARKETING, INC., FOR EVENT PLANNING IN THE AMOUNT OF FORTY THOUSAND DOLLARS ($40,000) UPON EXECUTION OF THIS RESOLUTION PAYBLE FROM ACCOUNT NUMBER 19-519312 THIS ITEM IS BUDGETED. Staff Description: The City of Opa-locka has outlined in its strategic plan to create an annual event that would promote the City and serve to improve the City's image. To that effort, the City Commission authorized a Request for Qualifications for event planners, of which Circle of One Marketing, Inc., scored the highest in the evaluation. Staff recommends the City Commission authorize the 11 Pa , e City Manager to enter into a professional services agreement with Circle of One Marketing Inc., as an event planner. Financial Impact: This is a budgeted item.The City of Opa-locka pays Circle of One,Marketing, Inc., for professional event planner services compensation of$40,000. Depending upon the public/private partnerships,the City of Opa-locka can recoup its monies invested and potentially gain significant revenue. Compensation Payable from Account Number 19-519312. Implementation Time Line: Immediately. Legislative History: Resolution#13-8647 Recommendation(s): It is recommended that the Mayor and Commission authorize the City Manager to enter into an agreement with the Circle of One Marketing, Inc., for event planner services to develop and promote an annual signature event. Staff recommends approval. Attachments(s): 1. Resolution#13-8647 2. Circle of One Contract for Special Event Services 3. RFQ NO: 13-1110100 4. Evaluation Committee Re-Review Prepared By: Office of the City Manager Wage Sponsored by: City Manager RESOLUTION NO. 13-8647 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ISSUE A REQUEST FOR QUALIFICATION ("RFQ"), FOR A QUALIFIED CONSULTANT, TO PROVIDE EVENT PLANNER SERVICES FOR CITY, PAYABLE FROM ACCOUNT NUMBER 19-519312, NOT A BUDGETED ITEM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City is seeking the services of qualified consultants to provide event planning services for the City of Opa-locka;and WHEREAS,the City Commission desires to issue a Request for Qualification("RFQ")for the selection of a qualified event planner consultant. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka,Florida,hereby directs and authorizes the City Manager to issue a RFQ to qualified firms to act as a consultant Event Planner for the City of Opa-locka.This is not a budgeted item,and will be payable from Account 19-519312,in an amount not to exceed $1,500.00. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 24th day of July,2013. Y MAYOR Resolution No. 13-8647 Attest to: Approved as to form and legal sufficiency: t4 le _ ,/ d Jo.; a Flores Jos-( .. eller City Clerk G'4 ENS 'OON MARDER,PA ty Attorney Moved by: COMMISSIONER JOHNSON Seconded by: COMMISSIONER HOLMES Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: YES SUMMARY EVALUATION COMMITTEE RE-REVIEW RFQ 13-1110100 EVENT PLANNER SERVICES NATCOM INTEGRATED ENRIQUE MARKETING CIRCLE OF ONE 12-Dec-13 SARUBBI COMMUNICATIONS MARKETING Statement of Qualifications Max pts 30 Gerald 15 23 25 Lynnelle 10 28 30 Michael 28 27 28 Lorenzo 20 25 30 Technical Approach Max pts 30 Gerald 20 20 25 Lynnelle 5 25 30 Michael 21 25 29 Lorenzo 15 20 30 Event Management- Summary/References max pts 20 Gerald 10 15 18 Lynnelle 10 15 18 Michael 12 15 18 Lorenzo 15 25 20 - Local Interest Max pts 15 _ Gerald 10 13 13 Lynnelle 2 10 15 Michael 10 13 10 Lorenzo 10 15 15 Letter of Introduction Max pts 5 Gerald 5 5 5 Lynnelle 3 5 5 Michael 2 4 4 Lorenzo 2 5 5 Totals 225 333 373 CONTRACT FOR SPECIAL EVENT SERVICES THIS AGREEMENT is between Circle of One Marketing, Inc, having an address of 2400 NE 2"d Avenue, Studio C, Miami FL 33137, (hereinafter "CONTRACTOR") CONTRACTOR and the City of Opa-locka, Florida, having an address of 3400 N.W. 135th Street, Opa-locka, Florida 33054 (hereafter the "CITY"). WHEREAS, the CITY wishes to create an annual "Festival" event to promote and reflect the community of the City of Opa-locka for both residents and tourists within and beyond South Florida (hereinafter "Event"), and WHEREAS, the CITY conducted a similar Event in previous years ending in 2004, and WHEREAS, the CITY has decided that its goals can be advanced by conducting a themed two or three-day weekend Event on Labor Day Weekend August 29-31, 2014, or on alternate dates as may be necessary, and WHEREAS, CONTRACTOR offers the expertise and services necessary to meet the planning, logistical, technical and management needs to conduct the Event, NOW, therefore, in consideration of the mutual covenants and conditions hereinafter stated, and for such other good and valuable consideration, the receipt of which is hereby acknowledged, the CITY and CONTRACTOR covenant and agree as follows: SECTION ONE — ENGAGEMENT 1. The aforementioned Whereas clauses are hereby incorporated herein by reference, and made a part hereof. 2. The CITY hereby engages CONTRACTOR as an independent contractor to perform the services described in this Agreement, and CONTRACTOR hereby accepts and agrees to perform such services as an independent contractor. 3. The term of this Agreement shall commence on the date of its acceptance and execution by the parties hereto, and shall continue through the end of the 2017 calendar year, unless otherwise terminated (or extended) as provided by the terms of this Agreement, or by mutual agreement of the parties. 8461336.1 SECTION 2 — SCOPE OF SERVICES CONTRACTOR shall provide the following services: 1. Development Planning and Presentation of Proposed Event Plan(s) and Detailed Budget CONTRACTOR shall develop proposed Event Plan(s) and a Detailed Event Budget for the production of the Event. Such Event Plan and Detailed Event Budget will be developed and presented to the CITY COMMISSION and City Liaison within (30) days of execution of the Agreement. Upon review and CITY COMMISSION approval of a Plan, CONTRACTOR will be authorized to implement the Plan and negotiate with such third parties as are necessary to achieve the goals and specific tasks in the Plan, provided, however, that any expense in excess of $500.00 (Five Hundred Dollars) will be approved in advance by the City, in writing and within such time as is practical and necessary to achieve the goals of the Plan. 2. Contract Administration CONTRACTOR shall be responsible for oversight and management of all contracts required for the Event. CONTRACTOR understands that the City Manager is the only person authorized to enter into contracts on the CITY's behalf and that all contracts must be first approved by the City Attorney before being executed by the City Manager. 2.1 CONTRACTOR will work in cooperation with the City and with such other third parties, as are necessary and possible, to obtain in-kind or reduced price services and materials to the benefit and promotion of the Event. 2.2 CONTRACTOR will create opportunities to display the local community during the Event, including local educational institutions, cultural assets, and public facilities. 2.3 CONTRACTOR shall not pledge the CITY's credit or make it a guarantor of payment or surety for any contract debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 2.4 All reimbursements for approved expenditures shall be paid by the CITY after submittal of an invoice from CONTRACTOR to the CITY. Invoices received from CONTRACTOR pursuant to this Agreement shall be reviewed and approved by the CITY Manager or his designee. If there is no objection to the invoice, the CITY shall pay the full invoice amount within 30 days of the CITY's receipt of the invoice 2 2.5 CONTRACTOR will provide the CITY with a full accounting of attendance, expenditures, and revenues from ticket sales, sponsorship, parking, vendors, food and product sales, and other matters relating to the Event within 30days after completion of the Event. At such time, CONTRACTOR will provide CITY with all materials, products, collateral materials, recordings, signage, or all other materials from the Event. 2.6 CONTRACTOR shall provide CITY with proof that CONTRACTOR has workers' compensation insurance in an amount, which satisfies the requirements of Florida Law, for any employee of the CONTRACTOR. 7.9 CONTRACTOR represents that it has or will secure at its own expense all necessary personnel required to perform this Agreement, including Executive Producer, Event Producer, Site Manager, Associate Producer, Marketing Director & Staff. Contractor will engage additional required staffing as contained in Event Budget. CONTRACTOR understands that these employees will not be employees of the CITY. All of the services required hereunder shall be performed by CONTRACTOR or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted under State and Local laws to perform such services. CONTRACTOR will not be responsible for persons employed or contracted by the CITY to assist with the Event. SECTION 3 — CITY'S RESPONSIBILITIES The CITY agrees to provide the following in connection with the Event and this agreement: 1. The City Manager may act as, or designate a CITY Liaison and provide to that CITY Liaison, sufficient authority to approve and authorize promptly such matters as are necessary for CONTRACTOR to conduct its duties under this Agreement. In addition, the City Liaison shall have sufficient authority and have sufficient availability during business hours to communicate and, as necessary, meet with CONTRACTOR representatives in order to meet the goals of this Agreement and to insure that CONTRACTOR and completes its duties under this Agreement. The City Liaison, and such other persons as the CITY may designate, shall be available to CONTRACTOR to approve and provide input into development of proposed theme for the Event that meets the needs and goals of the CITY to promote the CITY for its residents and tourists as described herein. The CITY reserves the sole right to determine the name and theme of the Event. 2. The CITY shall provide sufficient authority to the CITY Liaison, and such other persons as the CITY may designate, to participate timely in the development of a proposed Event Plan(s). 3 3. CITY agrees to defend, indemnify, save and hold harmless CONTRACTOR and its officers, agents and employees from any claim, demand, suit, loss, cost or expense for any damages which may be asserted, claimed or recovered against or from CONTRACTOR or its officers, agents, or employees by reason of any damage to property or personal injury, including death and which damage, injury or death arises out of, or is incidental to, or in any way connected with CITY'S performance of this Agreement. This indemnification shall include any costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claims or the investigation thereof, including appeals. Nothing contained herein shall be deemed a waiver of sovereign immunity by the CITY. 4. The CITY shall not be responsible for payment for any supplies, labor, taxes, licenses, permits, overhead, or any other expenses or costs incurred by CONTRACTOR, unless such expense or costs is incurred by CONTRACTOR, with the prior written approval of the City Manager, or his designee. SECTION FOUR —COMPENSATION 1. The City agrees to pay to CONTRACTOR a payment of $40,000.00 made in three installment payments of 30-60-90 days CITY'S approval of the Event Planner Contract. 2. Any additional compensation must be pre-approved by the CITY COMMISSION. SECTION FIVE — ADDITIONAL TERMS AND CONDITIONS 1. The CITY shall within 45 days of the execution of this agreement, have the right to terminate this Agreement without cause, restrictions upon written notice to CONTRACTOR. In such event CITY agrees to reimburse CONTRACTOR for all expenses incurred in connection with the performance of its duties hereunder. If the CITY terminates the Agreement pursuant to this paragraph, CONTRACTOR shall be entitled to retain compensation for services performed by CONTRACTOR up through the date of termination. CONTRACTOR shall have the right to terminate this Agreement based upon any material failure of the CITY to perform its duties hereunder, provided. However, CONTRACTOR shall be required to provide CITY with a written notice with an opportunity to cure at least fifteen (15) days prior to the date designated for termination. 2. In the event this Agreement is terminated with or without cause, CONTRACTOR agrees to turn over all promotional materials, including logos to the CITY. 4 3. CONTRACTOR acknowledges and agrees that any and all logos created for the Event shall be exclusively and solely owned by the CITY of Opa-locka. Upon conclusion of the Event, CONTRACTOR agrees to turn over all such logos in its possession to the CITY. 4. CONTRACTOR agrees to comply with all laws, statutes, ordinances, rules, and regulations of the United States, the State of Florida, Miami-Dade County, the CITY of Opa-locka, and any other governmental body with applicable jurisdiction. 5. This Agreement constitutes the entire agreement between the parties and supersedes all prior written or oral statement, understandings, or agreements. 6. This Agreement shall not be assigned by either party without the prior written consent of the other. 7. This Agreement shall be interpreted and governed by Florida Law. Any actions, suits, or claims that may arise pursuant to this Agreement shall be brought and venue shall lie in Miami-Dade County, Florida. 8. No consent or waiver, whether expressed or implied, by either party to this Agreement to any breach or default by the other party in performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or for any other breach or default in performance by such other party of the same or any other obligation of such party hereunder. Failure on the part of either party to complain of any act or failure of the other party to this Agreement or to declare the other party in default, irrespective of how long such failure continues, shall not constitute a waiver by such party of its rights hereunder. 9. All rights, privileges and remedies afforded the parties by this Agreement shall be deemed cumulative and not exclusive. In the event of a breach of or other failure to perform as required under this Agreement, the party not breaching or defaulting shall, in addition to all rights and remedies hereunder provided, have all rights and remedies available in law or in equity. 10. If any term or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable by a court of competent jurisdiction, such results shall not affect the other terms and provisions of this Agreement or applications thereof which can be given effect without the relevant term, provision, or application, and to this end the parties agree that the provisions of this Agreement are and shall be severable. 11. Every notice, demand, direction, consent, or approval, request and other communication required or permitted hereunder shall be made in writing sent by certified United States Mail, postage pre-paid, return receipt requested, or by overnight 5 delivery by a nationally recognized delivery service, or by hand-delivery to the addresses as stated below: As to CONTRACTOR: Suzan McDowell & Leon Saunders Circle of One Marketing, LLC 2400 NE 2nd Ave, Studio C Miami FL 33137 As to the CITY: CITY of Opa-locka, Florida Attn: Kelvin L. Baker, City Manager 3400 N.W. 135 Street Opa-locka, Florida 33054 12. CONTRACTOR, and the individual executing this Agreement on behalf of CONTRACTOR, warrants to the CITY that CONTRACTOR possesses all of the required licenses and certificates of competency required by the State of Florida and the County of Dade to perform the work herein described. 13. This Agreement does not establish a partnership, joint venture, agency, sales representative or employment relationship between the parties hereto. 14. In the event of acts of God, terrorism or force majeure, CONTRACTOR and the CITY shall be relieved of responsibilities under this Agreement and CONTRACTOR will retain all monies receive in connection with the Agreement, up to the date of the occurrence of the force majeure act. 15. CONTRACTOR, for the purpose of this Agreement, is and shall remain an independent Contractor. 16. No statements, representations, warranties, either written or oral, from whatever source arising, except as expressly stated in this Agreement, shall have any legal validity between the parties or be binding upon any of them. The parties acknowledge that this Agreement contains the entire understanding and agreement of the parties. No modifications hereof shall be effective unless made in writing and executed by the parties hereto with the same formalities as this Agreement is executed. 17. The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. It is the parties' further intention that this Agreement be construed liberally to achieve its intent. 18. All exhibits attached hereto or mentioned herein which contain additional terms shall be deemed incorporated herein by reference. Typewritten or handwritten provisions 6 inserted and initialed by both parties in this form or attached hereto shall control all printed provisions in conflict therewith. 19. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same agreement. 20. Should any dispute arise hereunder, the CITY shall be entitled to recover against the CONTRACTOR all costs, expenses and attorney's fees incurred by the CITY in such dispute, whether or not suit be brought, and such right shall include all of such costs, expenses and attorney's fees through all appeals or other actions. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year set forth below their respective signatures. City of Opa-locka Kelvin L. Baker, City Manager Date CONTRACTOR (Corporate Seal) Circle of One Marketing, INC. By: Suzan McDowell Date Title: President 7 City of Opa-locka O� � pC 0 OQ � �4, O • i irril ,„,..t., r 0 \\s\N44.4%..... X92• Rpm R AI f..0 RFQ NO: 13-1110100 REQUEST FOR QUALIFICATION (RFQ) CITY EVENT PLANNER CITY OF OPA LOCKA 3400 NW 135 STREET, BUILDING B OPA-LOCKA, FLORIDA 33054 OQp t_oC 4�\• • C D C'RAtBD CITY OF OPA-LOCKA Advertisement for Request for Qualifications (RFQ) RFQ NO: 13-1110100 Sealed Proposals for Event Planning services for the City of Opa-locka will be received by the City of Opa-locka at the Office of the City Clerk, 780 Fisherman Street, 4th Floor, Opa-locka, Florida 33054, October 11. 2013 by 1:00 p.m. Any RFQ Package received after the designated closing time will be returned unopened. The purpose of this Request for Qualifications is to seek Event Planning service of qualified professional consultants for the City. An original and six (6) copies for a total of seven(7) plus 1 copy of the qualifications package on CD in PDF format shall be submitted in sealed envelopes/packages addressed to City Clerk, City of Opa-locka, Florida, and marked RFQ for Event Planner Services. The City reserves the right to accept or reject any and all proposals and to waive any technicalities or irregularities therein. The City further reserves the right to award the contract to that proposer whose proposal best complies with the RFQ NO: 13-1110100 requirements. Proposers may not withdraw their proposal for a period of ninety (90) days from the date set for the opening thereof. City Clerk Joanna Flores, CMC 1. PURPOSE The City of Opa-locka seeks proposals from qualified Event Planners (including event management firms) experienced in the management and operation of large-scale events or festivals to provide festival management and operation of a signature event located in Opa- locka, FL. The selected Event Planner shall be required to work closely with the Opa-locka City Commission, City Manager's Office and City staff in performance of operational activities. 1.1 BACKGROUND The City of Opa-locka was founded in 1925 by Glen H. Curtiss, a pioneer aviator, airplane manufacturer and real estate developer. The name Opa-locka, derived from the Seminole Indian word Opatishawonkalocka, means "big island covered with many trees in the swamp".The City is located in the northern region of Miami-Dade County. Opa-locka covers an area of 4.5 square miles and has a current population of more than 16,000 residents. The city was incorporated in 1926. The City's prior signature event, the Arabian Nights Event, attracted thousands of people, and included performances for National and Local performing artists, carnivals, parades, firework displays, and a variety of vendors offering arts & crafts,jewelry and food. Income has been generated in the past from sponsorships, arts/crafts vendors, and food vendors. Larger expenses included event insurance, advertising expenses, stage & lighting rental, special event fees, portable toilets, table/chair/tent rentals, and t-shirts. Smaller expenses include printing,trophies,banners, postage and other miscellaneous expenses. The Opa-locka Arabian Nights festival first began in 1926 and lasted until about 2004. The entertainment festival in the past featured a weekend full of extraordinary music, shopping, parties and celebrity events including a golf tournament, celebrity after-parities, carnival, fireworks display, parade, all-day musical entertainment and community block party. The Festival provides free admission and entertainment for everyone. The selected Event Planner (or event management firm) will work with the City of Opa-locka to determine parking availability and event location for the signature event. 1.2 SCOPE OF SERVICES The initial term of this agreement shall begin on or before January 1, 2014 and expire on December 31, 2014. Interested firms shall address in their qualification statements, their firms ability to provide the following services, if selected by the City: • Management of all day-to-day operations of the event, including street closures; city permits; crowd control; security services; sponsorships; vendors; advertising; sales and marketing; sponsorships; budgets; accounting; human resources; etc. • Recommend with the City's approval: Page 13 (a) An annual business plan and operating budget, including expenditures for operations, inventory, advertising, sales and promotions, sponsorships and recommendations on all fees such as vendor fees, sponsorship fees, minimum fees, etc. • Develop a marketing strategy aimed at attracting guests from the local market as well as outside the Opa-locka community. • Hire, properly train and supervise all staff to manage and operate the festival consistent with the City's general direction and goals. All staffing shall be, and remain at all times, employees of the selected management firm. (Included in the firm's hiring the City asks to consider local residents,as appropriate,who qualify for open positions.) • Provide a qualified festival manager responsible for the day-to-day operations and management of the event,who will be available during normal business hours. • Provide services including, but not limited to, assignment and management of the collection and proper accounting of fees and charges collected. • Provide volunteer services as appropriate to closely monitor conformance with festival rules. • Acquire and maintain all necessary licenses and permits including liquor sales. • With regard to revenue and expenditures in any City-owned or rented facility: (a) Operator shall provide or acquire all goods and services necessary to carry out its management and operations responsibilities. (b) Operator will manage and pay all event expenditures, including any permit and management fees due the City,and collect all revenues of any sort. (c) Operator will manage event bank accounts using the City's selected bank within the City of Opa-locka. • Proposals shall document experience in large event coordination, such information may include, but shall not be limited to: number of years experience, number and size of events coordinated, and descriptions of past successful events coordinated. Individuals or organizations, regardless if they are for profit or not for profit, must document what seed money they would need, if any. • Provide references from similar large-scale events, including name, title, company, contact phone,email (if available), and the event managed. Page 14 1.2. DEFINITIONS In this RFQ the following definitions shall apply: "City" means the City of Opa-locka; "City Website" means www.Opa-lockafl.gov "Closing Time" has the meaning set out in section 3.2; "Contract" means a formal written contract between the City and a Preferred Proponent to undertake the Services. "Evaluation Team" means the team appointed by the City; "Preferred Proponent(s)" means the Proponent(s) selected by the Evaluation Team to enter into negotiations for a Contract; "Proponent" means an entity that submits a response to this RFQ; "Proposal" means a proposal submitted in response to this RFQ; "RFQ" means this Request for Proposal; "Services" has the meaning of any and all construction and administration work necessary to complete this project "Site" means the place or places where the Services are to be performed; Page 15 2. RFQ PROCESS AND KEY DATES Qualifications will be reviewed in a timely manner by the City Manager and the selection committee. The review of submittals will be based on, but not limited to, the following minimum criteria: i. Each statement of qualification will be reviewed for completeness, responsiveness and adequacy of documentation. ii. The firms understanding of the scope of services and approach to providing service. iii. The qualifications and relevant experience of the management firm. In particular, the management firm's experience with large-scale, municipally owned and/or operated events and festivals. The City will be the sole and exclusive judge of the quality and compliance with proposal specifications in any of the matters pertaining to this RFQ. The City reserves the right to award the contract(s) in any manner it deems to be in the best interest of the City and make the selection based on its sole discretion, including negotiating with one or more of the proposers for the same services. Key Dates: (Schedule is tentative) Deadline for submittal: October 11. 2013 Evaluation Team Review: October 18. 2013 Recommendation to Commission November 13. 2013 Award of Contract: December 13. 2013 Targeted contract commencement: January 1. 2014 The submittal package must be received prior to 1:00 p.m. on October 11, 2013. Firms mailing a proposal must allow sufficient delivery time to ensure timely receipt of the proposal by the date and time specified. Submittals arriving after the deadline will not be accepted. 3. SUBMITTAL PROCEDURES Submittals shall comply with all conditions, requirements and specifications contained herein, with any departure constituting sufficient cause for rejection of the proposal at the City's discretion. Any and all costs incurred in the preparation and presentation of this submittal shall be borne solely by the respondent. Faxed or emailed submittals will not be accepted. Respondents shall provide seven (7) copies PLUS one original of their submittal by the submittal date. All qualification proposals submittals shall be delivered no later than the submittal deadline to: Office of the City Clerk 3400 NW 135th Street, Building B Opa-locka, Florida 33054 CONFIDENTIAL- DO NOT OPEN Proposal Closing Date &Time: October 11, 2013 by 1:00 P.M. (Eastern Standard Time). Page 16 All questions and inquiries regarding the signature event or this RFQ shall be submitted in writing to: Rose McKay, either in hard copy or via email at rmckay@opalockafl.gov by October 4, 2013 Questions shall be answered by October 9, 2013 and shall be posted on the City's website. Respondents are prohibited from contact the City of Opa-locka staff regarding this submittal request. Failure to adhere to this provision shall be cause for disqualification from this process. 3.2 LATE PROPOSALS Proposals received after the Closing Time will not be accepted or considered. Delays caused by any delivery, courier or mail service(s) will not be grounds for an extension of the Closing Time. 3.3 AMENDMENTS TO RFQ Proposals may be revised by written amendment, delivered to the location set out above, at any time before the Closing Time but not after. An amendment must be signed by an authorized signatory of the Proponent in the same manner as provided in the original proposals. All inquiries related to this RFQ should be directed in writing, via fax or e-mail to the person named below (the "City Representative"). Information obtained from any person or source other than the City Representative may not be relied upon. Rose A. McKay CITY OF OPA LOCKA- PURCHASING DIVISION 305-953-2868 EXT 1307 305-953-2900 FAX Inquiries and responses will be recorded and may be distributed to all Proponents at the discretion of the City. Proponents finding discrepancies or omissions in the Contract or RFQ, or having doubts as to the meaning or intent of any provision, should immediately notify the City Representative. If the City determines that an amendment is required to this RFQ, the City Representative will issue an addendum in accordance with section 3.4. No oral conversation will affect or modify the terms of this RFQ or may be relied upon by any Proponent. 3.4 ADDENDA If the City determines that an amendment is required to this RFQ, the City Representative will post a written addendum on the City Website at www.Opa-lockafl.gov (the "City Website") and upon posting will be deemed to form part of this RFQ. No amendment of any kind to the RFQ is effective unless it is posted in a formal written addendum on the City Website. Upon submitting a Proposal, Proponents will be deemed to have received notice of all addenda that are posted on the City Website. Page I 7 3.5 OPENING OF PROPOSALS The City intends to open Proposals in private but reserves the right to open Proposals in public at its sole discretion. 3.6 STATUS INQUIRIES All inquiries related to the status of this RFQ, including whether or not a Contract has been awarded, should be directed to the City Website and not to the City Representative. 4.0 PROPOSAL SUBMISSION FORMS AND FORMAT: All respondents must submit qualifications according to the specifications set forth below. Submittals must be relevant to the specific work required and should not exceed 40 pages. The proposal shall be submitted on 81 x 11 paper, portrait orientation, with headings and sections numbered appropriately. Ensure that all information is written legibly or typed. In order to maintain comparability and enhance the review process, proposals shall be organized in the manner specified below and include all information required herein. The proposal must name all persons or entities interested in the proposal as principals. The proposal must declare that it is made without collusion with any other person or entity submitting a proposal pursuant to this RFQ. (a)Package/Copies An original (so marked) and six (6) copies of the proposal must sealed in one package for a total of seven(7); plus 1 copy of the qualifications package on CD in PDF format shall be submitted in sealed package addressed to City Clerk, City of Opa-locka, Florida, and marked RFQ for Event Planner Services on the outside package. (b)Title Page Title Page showing the RFQ number, subject, the firm's name, the contact person's name, address and telephone number and the date of the proposal. (c) Table of Contents Table of Contents should include a clear and complete identification of the materials submitted by section and page number. (d)Letter of Introduction Provide the name, address, telephone number, education, certification(s) (if any) and organizational chart of the project team from the proposing event management firm. The proposal must name all persons or entities interested in the proposal as principals. Include a brief description of the event management firm profile, experience and qualifications, the date the entity was established, and the name, address and contact information for the contact person. The letter must bear the signature of the person having proper authority to make the proposal for the firm. Page 18 (e)References The proposing event management firm must provide references from at least four (4) client references, including any public agency, for whom the related Event Management firm's services were provided. The references should include the name, physical address, email address and telephone number of a contact person for each reference cited, plus a brief description of the event or type of services provided to client. The City may contact these references. All references will be verified. (f) Management Summary The consulting firm shall provide a description of the history and background of the firm, summarize the firm's unique qualities, identify services provided to municipalities or government entities in Florida and other information relevant to Event Planning and Management services. Discuss the overall benefit of the proposal for the City of Opa-locka. (g)Statement of Qualifications i. Provide the firm's approach to management and operations of a signature event (that generated revenues of $500,000 or more) that will ultimately provide a quality event experience for City residents and guests. ii. Include your management approach to working with the City of Opa-locka. iii. Address at a minimum: operating the event as a premiere public amenity,your specific management and project approaches to the signature event, and identify quality control process for managing this event. iv. Discuss your firm's understanding of the Scope of Services. v. Prepare and provide a pro-forma for anticipated festival operations including sponsorships, merchandise, anticipated costs, revenue and analysis of staffing requirements to operate the festival. vi. Discuss your project team's experience with similar events (especially event experience with municipalities or government entities). Include a listing of the firm's project personnel and resumes. vii. Describe your firm's volunteer management experience as it pertains to similar events. viii. A description of the firm's promotions, marketing, advertising and sponsorship experience. ix. A description of the firm's financial position and qualifications. x. A proposal for the management fee structure paid to the City of Opa-locka. xi. A description of the firm's current workload and a discussion as to how this festival would be incorporated into the existing workload. (h)Local Interest Discuss the familiarity your firm, project team or firm's principal(s) have with the greater Opa-locka community. Elaborate on your firm's experience or management practices in hiring or recruiting local residents as volunteers at signature events. Describe the target audience for this signature event and your firm's experience Page 19 with similar audiences. Document what ability your firm may have to coordinate with local organizations, to either increase volunteer staffing levels and/or promote amicable relationships of parties with a vested interest in the City of Opa-locka. (i) Forms In this section, please include the following forms,at a minimum: i. Executed copy of Drug Free Workplace Form ii. Statement acknowledging receipt of each addendum issued by the City. iii. Proposer Qualifications Form iv. Certification Regarding Debarment, Suspension, Proposed Debarment and Other Maters of Responsibility v. City of Opa-locka Non Collusion Affidavit vi. Non Discrimination Affidavit vii. County and/or Municipal Occupational License viii. License to do business in the State of Florida ix. (Optional) Provide any additional forms or documents related to this proposal. (j) Signature Page The legal name of the person or firm submitting the Proposal should be included. The Proposal should be signed by a person(s) authorized to sign on behalf of the Proponent and include the following: (a) If the Proponent is a corporation then the full name of the corporation should be included,together with the names of authorized signatories. The Proposal should be executed by all of the authorized signatories or by one or more of them provided that a copy of the corporate resolution authorizing those persons to execute the Proposal on behalf of the corporation is submitted; (b) If the Proponent is a partnership or joint venture then the name of the partnership or joint venture and the name of each partner or joint venture should be included, and each partner or joint venture should sign personally (or, if one or more person(s) have signing authority for the partnership or joint venture,the partnership or joint venture should provide evidence to the satisfaction of the City that the person(s) signing have signing authority for the partnership or joint venture). If a partner or joint venture is a corporation then such corporation should sign as indicated in subsection (a) above; or (c) If the Proponent is an individual, including a sole proprietorship,the name of the individual should be included. Page 110 5.0 GENERAL ADMINISTRATIVE INFORMATION Each respondent understands and agrees that the City, its departments, their officers, employees or agents shall not be liable for: i. Any costs incurred by a respondent in the preparation, delivery or presentation of a proposal. ii. Any costs incurred by a respondent in meeting the criteria as a result of making or submitting a proposal or subsequently in entering into a formal agreement with the City; and iii. Any errors, inaccuracies or misstatements related to the information or data supplied to any Contractor by the City.The use of such information or data provided by the City, its officers, employees or agents is intended to be used as the sole discretion and risk of the firm in the preparation of a proposal pursuant to this Request for Qualifications only. The selected operator shall comply with any and all applicable Federal and State laws pertaining to employment. The City reserves the right to accept, reject, modify or cancel in whole or in part, this Request for Qualification. The City reserves the right to accept or reject any or all proposals, negotiate modifications to proposals that is deems acceptable, to request and consider additional information from any proposer, and to waive minor irregularities and technical defects in this proposal process.The City reserves the right to seek new proposals when it determines that it is in the best interest to do so. The City will provide, to a respondent's request; detailed operating financial records, including revenues, expenses, sponsorships, vendor fees and up-to date performance data as compared to approved budget. 6.0 EVALUATION AND SELECTION 6.1 EVALUATION TEAM The evaluation of Proposals will be undertaken on behalf of the City by the Evaluation Team. The Evaluation Team may consult with others including City staff members, third party consultants and references, as the Evaluation Team may in its discretion decide is required. The Evaluation Team will give a written recommendation for the selection of a Preferred Proponent or Preferred Proponents to the City. Page I11 6.2 EVALUATION CRITERIA The selection committee will compare and evaluate all RFQ package to determine the strength and ability of the potential consultants to provide the services required in the most advantageous manner to the City, using the following criteria: Qualification Statements that satisfy the minimum requirements will be scored as follows: > Letter of Introduction .. 5 points > Event Management Summary/References.. 20 points > Statement of Qualifications 30 points > Local Interest ............................ 15 points ➢ Technical Approach.. 30 points The maximum total score possible is 100. To qualify for participation in the remainder of the selection process, a Qualifying Respondent must receive no less than 70 points. Qualifying respondents will be invited to participate in the final selection process. The final selection process may include the submission of additional information and/or participation in an oral interview. Please ensure your firm addresses all the points outlined in the PROPOSAL SUBMISSION FORMS AND FORMAT Section 4.0. (a) Letter of Introduction: (5 pts) Demonstrate how you or your company is uniquely qualified to perform event planning services for the City of Opa-locka. Discuss information outlined in the LETTER OF INTRODUCTION in Section 4.0, D. (a) Event Management Experience/References: (20 pts) Proven competence with regard to conducting large events that will make this management agreement successful (example of events that generated revenues of $500,000 or more). What experience do the individual(s) who are going to play the largest, active role in this arrangement have that will give them a clearer idea as to how to best make the City Event a success? Which existing event(s) do they have experience with, for how long, and what lessons have they learned that will prove helpful to this arrangement? Provide references or a detailed operations outline. Include examples of other partnerships your firm has entered into that are of a similar nature and a contact person for each. Discuss each item in the EVENT MANAGEMENT SUMMARY/REFERENCES in Section 4.0, E and F. (b) Statement of Qualifications: (30 pts) - What is your firm's management and operational approach to this event? Address your firm's experience in garnering sponsorships. How would your firm structure this event to make it profitable for the City? What are marketing and promotions options? What staff or volunteer resources does your organization or team have? In the past the events have been run with the aid of volunteers and sponsors. Those individuals or organizations who have access to a large pool of volunteers and access to sponsors are preferred. Discuss your firm's understanding of the scope of services. Discuss each point outlined in the STATEMENT OF QUALIFICATIONS in Section 4.0, G. Page 112 (c) Local Interest: (15 pts) Entities that have a vested interest in the City of Opa- locka community are better able to provide high quality services. Familiarity with the community, knowing the target market, and understanding citizen expectations are important aspects to a successful event. Explain how your organization is vested in the City of Opa-locka community. Document what ability you may have to coordinate with local organizations, to either increase volunteer staffing levels and/or promote amicable relationships of parties with a vested interest in the City of Opa-locka. Discuss each item in the LOCAL INTEREST in Section 4.0, H. (d) Technical Approach (30 pts) Evaluation of how well your proposal addresses the manner in which you will achieve each of the tasks/projects specified in the scope of services provided in this RFQ and that all requested supporting materials are also provided. Submittals that document profit sharing and/or how earnings will be retained for future events will be given favorable consideration. Describe the proposed schedule and staffing for event planning and preparations prior to and running the event. Provide all necessary insurance documentation or ability to acquire insurance. 6.3 LITIGATION In addition to any other provision of this RFQ, the City may, in its absolute discretion, reject a Proposal if the Proponent, or any officer or director of the Proponent submitting the Proposal, is or has been engaged directly or indirectly in a legal action against the City, its elected or appointed officers, representatives or employees in relation to any matter. In determining whether or not to reject a Proposal under this section, the City will consider whether the litigation is likely to affect the Proponent's ability to work with the City, its consultants and representatives and whether the City's experience with the Proponent indicates that there is a risk the City will incur increased staff and legal costs in the administration of the Contract if it is awarded to the Proponent. 6.4 ADDITIONAL INFORMATION The Evaluation Team may, at its discretion, request clarifications or additional information from a Proponent with respect to any Proposal, and the Evaluation Team may make such requests to only selected Proponents. The Evaluation Team may consider such clarifications or additional information in evaluating a Proposal. 6.5 INTERVIEWS The Evaluation Team may, at its discretion, invite some or all of the Proponents to appear before the Evaluation Team to provide clarifications of their Proposals. In such event, the Evaluation Team will be entitled to consider the answers received in evaluating Proposals. Page 1 13 6.6 NEGOTIATION OF CONTRACT AND AWARD If the City selects a Preferred Event Planner,then it may: (a) Enter into a Contract with the Preferred Event Planner (s); or (b) Enter into discussions with the Preferred Event Planner (s) to clarify any outstanding issues and attempt to finalize the terms of the Contract(s), including financial terms. If discussions are successful, the City and the Preferred Proponent(s) will finalize the Contract(s); or (c) if at any time the City reasonably forms the opinion that a mutually acceptable agreement is not likely to be reached within a reasonable time, give the Preferred Proponent(s) written notice to terminate discussions, in which event the City may then either open discussions with another Proponent or terminate this RFQ and retain or obtain the Services in some other manner. The City is under no obligation to accept any Proposal submitted. The City reserves the right in its sole discretion to waive informalities in, or reject any or all Proposals, or to accept any Proposal deemed most favorable in the interest of the City, or cancel the competition at any time without award. Thereafter, the City may issue a new Invitation / Request, sole source or do nothing. 7.0 GENERAL CONDITIONS 7.1 NO CITY OBLIGATION This RFQ is not a tender and does not commit the City in any way to select a Preferred Proponent, or to proceed to negotiations for a Contract, or to award any Contract, and the City reserves the complete right to at any time reject all Proposals, and to terminate this RFQ process. 7.2 PROPONENTS'EXPENSES Proponents are solely responsible for their own expenses in preparing, and submitting Proposals, and for any meetings, negotiations or discussions with the City or its representatives and consultants, relating to or arising from this RFQ. The City and its representatives, agents, consultants and advisors will not be liable to any Proponent for any claims, whether for costs, expenses, losses or damages, or loss of anticipated profits, or for any other matter whatsoever, incurred by the Proponent in preparing and submitting a Proposal, or participating in negotiations for a Contract, or other activity related to or arising out of this RFQ. 7.3 NO CONTRACT By submitting a Proposal and participating in the process as outlined in this RFQ Proponents expressly agree that no contract of any kind is formed under, or arises from, this RFQ prior to the signing of a formal written Contract. Page 1 14 7.4 CONFLICT OF INTEREST Proponents shall disclose any potential conflicts of interest and existing business relationships they may have with the City. If requested by the City, Proponents should provide all pertinent information regarding ownership of their company within forty-eight (48) hours of the City's request. 7.5 SOLICITATION OF COMMISSION MEMBERS Proponents and their agents will not contact any member of the City Commission or City staff with respect to this RFQ at any time prior to the award of a contract or the termination of this RFQ, and the City may reject the Proposal of any Firm or Individual that makes any such contact. 7.6 CONFIDENTIALITY All submissions become the property of the City and will not be returned to the Proponent. The City will hold all submissions in confidence unless otherwise required by law. Proponents should be aware the City is a "public body" defined by and subject to the Freedom of Information and Protection of Privacy Act of the State of Florida. Page 115 U RFQ NO: PROPOSER QUALIFICATIONS The Proposer, as a result of this proposal, MUST hold a County and/or Municipal Consultant's Occupational License in the area of their fixed business location. The following information MUST be completed and submitted with the proposal to be considered: 1. Legal Name and Address: Name: Address: City, State, Zip: Phone/Fax: 2. Check One: Corporation () Partnership () Individual () 3. If Corporation, state: Date of Incorporation: State in which Incorporated: 4. If an out-of-state Corporation, currently authorized to do business in Florida, give date of such authorization: 5. Name and Title of Principal Officers Date Elected: 6. The length of time in business: years 7. The length of time (continuous) in business as a service organization in Florida: years 8. Provide a list of at least five commercial or government references that the bidder has supplied service/commodities meeting the requirements of the City of Opa- locka specification, during the last twenty-four months. 9. A copy of County and/or Municipal Occupational License(s) Note: Information requested herein and submitted by the proposers will be analyzed by the City of Opa-locka and will be a factor considered in awarding any resulting contract. The purpose is to insure that the Consultants, in the sole opinion of the City of Opa-locka, can sufficiently and efficiently perform all the required services in a timely and satisfactory manner as will be required by the subject contract. If there are any terms and/or conditions that are in conflict, the most stringent requirement shall apply. Page 1 16 OpP.LOOK4 O 9 )p CITY OF OPA-LOCKA CERTIFICATION REGARDING DEBARMENT, SUSPENSION PROPOSED DEBARMENT AND OTHER MATTERS OFRESPONSIBILITY 1. The Proposer certifies, to the best of its knowledge and belief, that the Proposer and/or any of its Principals: A. Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency. B. Have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,tax evasion, or receiving stolen property; and C. Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph 1-B of this provision. 2. The Proposer has not, within a three-year period preceding this offer, had one or more contracts terminated for default by any City, State or Federal agency. A. "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code. B. The Proposer shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Proposer learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. C. A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, Page 117 the certification will be considered in connection with a determination of the Proposer's responsibility. Failure of the Proposer to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Proposer non-responsive. D. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of a Proposer is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. E. The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Proposer knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT THIS CONSULTANT COMPLIES FULLY WITH THE ABOVE REQUIREMENTS. Signature Printed Name Page 1 18 OQp. 00ka. O p u JOrel CITY OF OPA-LOCKA DRUG-FREE WORKPLACE CERTIFICATION FORM Whenever two (2) or more bids/proposals, which are equal with respect to price, quality, and service, are received by the CITY OF OPA-LOCKA for the procurement of commodities or contractual services, a bid/proposal 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 controlled substances 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 number(1). 4. In the statement specified in number (1), notify the employees that as a condition for 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 on or plea of guilty or no contest to any violation of Chapter 893, Florida Statutes or of any controlled substance law of the United States or any singular state, for a violation occurring in the workplace no later than five (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 Section 287.087, Florida Statutes. This Certification is submitted by the (Name) of (Title/Position) (Company) who does hereby certify that said Company has implemented a drug-free workplace program, which meets the requirements of Section 287.087, Florida Statutes, which are identified in numbers (1) through (6) above. Date Signature Page 119 OQp.IOC44. R M1 gry CITY OF OPA-LOCKA NON-COLLUSION AFFIDAVIT STATE OF FLORIDA - COUNTY OF MIAMI DADE being first duly sworn, deposes and says that: (1) He/She/They is/are the (Owner, Partner, Officer, Representative or Agent) of the PROPONENT that has submitted the attached proposal; (2) He/She/They is/are fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said PROPONENT nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other PROPONENT, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any PROPONENT, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other PROPONENT, or to fix any overhead, profit, or cost elements of the Proposed Price or the Proposed Price of any other PROPONENT, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against(Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the PROPONENT or any other of its agents, representatives, owners, employees or parties of interest, including this affiant. Page 120 Signed, sealed and delivered in the presence of: By: Witness Signature Witness Print Name and Title Date Page 121 ,.OPp.LOCk4 . ( y _ n NON-DISCRIMINATION AFFIDAVIT I, the undersigned, hereby duly sworn, depose and say that the organization, business or entity represented herein shall not discriminate against any person in its operations, activities or delivery of services under any agreement it enters into with the City of Opa Locka. The same shall affirmatively comply with all applicable provisions of federal, state and local equal employment laws and shall not engage in or commit any discriminatory practice against any person based on race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation or any other factor which cannot be lawfully used as a basis for service delivery. By: Title: Sworn and subscribed before this day of , 20_ Notary Public, State of Florida (Printed Name) My commission expires: FAILURE TO COMPLETE AND RETURN THIS FORM MAY DEEM YOUR BID NON- RESPONSIVE Page 122