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Weinbach Branding Services RFPREQUEST FOR QUALIFICATIONS RFQ #PW- Q2013 -01 City Branding Design & Services L• 0 U T'. p i N CORPORATED 1927 o +'+�1 • SUBMITTAL DATE: Tuesday, May 7, 2013 TIME: 2:00 PM REQUEST FOR QUALIFICATIONS RFQ #PW- Q2013 -01 CITY BRANDING DESIGN & SERVICES City of South Miami The City of South Miami is requesting qualifications from qualified firms to provide City Branding Design & Services for the City of South Miami. Interested contractors should visit the City's website at www.southmiamifl.eov to obtain the Request for Qualifications package. Packages may also be picked up at the following location, during normal business hours. City Clerk, City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Sealed submittals including one (1) original and nine (9) copies of the submittals must be received no later than 2:00 p.m. on [Tuesday, May 7, 2013 ] and be clearly marked on the outside, "RFQ #PW- Q2013 -01 City Branding Design & Services ", to Maria M. Menendez, CIVIC, City Clerk, CITY OF SOUTH MIAMI, 6130 Sunset Drive., South Miami, Florida, 33143. Note: The City will not conduct a Mandatory Pre -RFQ Response Meeting. Late Submittals and facsimile submissions will not be considered. The proposer shall bear all costs associated with the preparation and submission of the Request for Qualifications. Pursuant to City Code, public notice is hereby given that a "Cone of Silence" is imposed concerning the City's competitive purchasing process, which generally prohibits communications concerning the RFQ from the time of advertisement of the RFQ until such time as the City Manager makes a written recommendation to the City Commission concerning the competitive purchase transaction. Please see the detailed specifications for the public solicitation for services for a statement fully disclosing the requirements of the "Cone of Silence ". Pursuant to the City Charter, vendors of the City are required to disclose any campaign contributions to the City Clerk, and each vendor must do so prior to and as a condition of the award of any City contract to the vendor. Please see the detailed specifications of this solicitation for further details. The City of South Miami reserves the right to accept or reject and /or all proposals or parts of proposals, to workshop or negotiate any and all proposals, to waive irregularities, and to request re- proposals on the required materials or services, or take any other such actions that may be deemed in the best interest of the City. RFQ# PW- Q2013 -01 City Branding Design & Services Page 2 of 60 CITY OF SOUTH MIAMI RFQ #PW- Q2013 -01 City Branding Design & Services SECTION # 1 INTRODUCTION The City of South Miami (the "City "), a municipality located in Miami -Dade County, Florida, desires to receive qualifications for the selection of a contractor to provide City Branding Design & Services. The City intends to execute an agreement with a selected Contractor to provide such services. 1. SCHEDULE OF EVENTS *The City reserves the right to change the scheduled dates and time. RFQ #P W- Q2013 -01 City Branding Design & Services Page 3 of 60 Time* No Event Date* (EST) Advertisement/ Distribution of RFQ & Cone of 1 silence begins 4/17/2013 4:00 PM Mandatory Pre -RFQ Meeting 2 6130 Sunset Drive N/A N/A South Miami Florida 33143 3 Deadline to Submit Questions 5/2/2013 2:00 PM 4 Deadline to City Responses to Questions 5/3/2013 4:00 PM 5 Deadline to Submit RFQ- Response 5/7/2013 2:00 PM 6 Evaluation of Qualifications 5/17/2013 5:00 PM .Announcement of selected Contractors /Cone of 7 Silence ends 5/21/2013 5:00 PM *The City reserves the right to change the scheduled dates and time. RFQ #P W- Q2013 -01 City Branding Design & Services Page 3 of 60 1.1 DEFINED TERMS Terms used in these Instructions to Proposers are defined and have the meaning assigned to them. The term "Proposer" means one who submits a proposal directly to the City as distinct from a Sub - Contractor, who submits a proposal to the Proposer. The term "Successful Proposer" means the best, qualified, responsible and responsive Proposer to whom the City (on the basis of City's evaluation as hereinafter provided) makes an award. The term "City" refers to the City of South Miami, a municipal corporation of the State of Florida. The term "Proposal Package" includes all items as listed and identified in Section IV. The term "Contractor" shall mean the individual(s) or firm to whom the award is made or also referred to as the Successful Proposer. The term "Contractor Administrator" shall mean the City Manager or his designee. 4k"14[L11 The following instructions are given for the purpose of guiding Proposers in properly preparing their proposals. These instructions have equal force and weight with other portions of the specifications and strict compliance is required with all the provisions contained herein. 3. RFQ REQUIREMENTS 3.1 Scope of Services Proposed Clearly describe how contractor will perform the scope of services proposed including a work plan including an explanation of methodology to be followed to perform the services required of this proposal. 3.2 Proposer Qualifications This section of the proposal should give a description of the proposer, including the size, range of activities, and number of years of relative experience with large accounts. Particular emphasis should be given as to how the firm -wide experience and expertise in this type of project will be brought to bear on the proposed project. This section must also identify the contact person and telephone number. The contractor must be in business a minimum of five (5) consecutive years, and Completed a minimum of four (4) projects which are similar in scope for and within a municipality, county government or the private sector. Samples of prior similar work must be submitted, and the contractor must include a listing of hourly rates and schedules for services provided. 3.3 Proposal Package All proposals shall be submitted on the City provided Proposal Package forms. Failure to do so may cause the proposal to be rejected. All blanks on the proposal forms must be completed. For further information as to the Instructions to Proposers or the Proposal Package contact Steven Kulick, Purchasing Manager at (305) 663 -6339 or Email: skulick @southmiamifl.eov RFQ #PW- Q2013 -01 City Branding Design & Services Page 4 of 60 3.4 Acknowledgment of Agreement Terms An acknowledgement of the acceptance of the terms of the Agreement should be included as a part of Proposal. Any exceptions to terms of this Agreement should be included in the exceptions section of the Proposal. 4. MANDATORY PRE - PROPOSAL CONFERENCE AND SITE INSPECTION The City will not conduct a mandatory Pre - proposal meeting. 5. SUBMISSION OF PROPOSAL One (1) original and nine (9) copies of the Proposal shall be submitted no later than Tuesday, May 7, 2013 at 2:00 PM to the Office of the City Clerk, City Hall 6130 Sunset Drive., South Miami, Florida 33143, in a sealed envelope which must be plainly marked on the outside: City Branding Design & Services RFQ #PW- Q2013 -01 City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Proposals will be publicly opened and read. All Proposers and their representative are invited to be present. Proposals shall be typed or printed in ink. Use of erasable ink is not permitted. All blanks on the proposal form(s) must be completed. Names must be typed or printed below the signature. Facsimile proposals will not be accepted. It shall be the sole responsibility of the Proposer to ensure that the sealed proposal is submitted by the time and date specified. Any proposal received after the appointed time, whether by mail or otherwise, shall not be accepted under any circumstances. Such proposals will be returned to the vendor unopened. Any uncertainty regarding the time a proposal is received shall be resolved against the Proposer. Only one (1) proposal from any individual, firm, partnership, or corporation, under the same or different names, will be considered. If the City determines that any Proposer has interest in more than one (1) proposal for work contemplated; all proposals in which such a Proposer is interested will be rejected. Proposer by submitting this proposal certifies that this proposal is made without previous understanding, agreement or connection with any person, firm or corporation making a proposal for the same material, supplies, equipment or services and is in all respects, fair and without collusion of fraud. 6. POINT OF CONTACT Any inquiries concerning clarifications of solicitation or for additional information shall be submitted in writing to Steven P. Kulick, Purchasing Manager at (305) 663 -4346 (Fax) or Email: skulick @southmiamifl.eov on or before Thursday May 2. 2013 at 2:00 PM. The City shall not be responsible for oral interpretations given by any City employee or its representative. RFQ #PW- Q2013 -01 City Branding Design & Services Page 5 of 60 7. EVALUATION METHOD AND CRITERIA Proposals will be evaluated in accordance with weighted criteria listed below: Maximum Points Scope of Services / Plan (as below) Proposer Qualifications References (Relevant experience) These weighted criteria are provided to assist the Proposers in the allocation of their time and efforts during the submission process. The criteria also guide the Selection Committee during the short - listing and final ranking of Proposers by establishing a general frame work for those deliberations. Short listed proposals may be selected for an interview prior to a recommendation being presented to the City Commission. As the best interest of the City may require, the right is reserved to reject any and all proposals or waive any minor irregularity or technicality in proposals received. The City will determine which Proposers are "responsible and responsive ". 8. DESCRIPTION OF EVALUATION CRITERIA (S): PROPOSER QUALIFICATION (40 POINTS): Each proposer shall give a description of the firm, including the size, range of activities, and the number of years with relative experience with governmental accounts. Particular emphasis should be given as to how the firm -wide experience and expertise in this type of project will be brought to bear on the proposed project. The firm should also submit proof of insurance as a part of the qualifications portion of their proposal. SCOPE OF SERVICES (30 POINTS): Each proposer will be evaluated on their approach on how the scope of services will be met and the operational plan. A work plan including an explanation of methodology to be followed to perform the services required in the proposal. Information regarding the level of staff to be assigned to contract must also be included. REFERENCES (Relevant Experience) (30 POINTS): As part of the proposal evaluation process, the City will conduct an investigation of references, including a record check or consumer reviews and complaints. Proposer's submission of a proposal constitutes acknowledgment of the process and consent to investigate. The City is the sole judge in determining Proposers qualifications. The City may require short- listed Proposer's to perform an oral presentation in support of their Proposal or to exhibit or otherwise demonstrate the information contained therein. This presentation or demonstration may be performed before the Selection Committee or the City Manager. If required, Proposers will be notified in writing prior to the date of such a presentation. 9. CLARIFICATION AND ADDENDUM(S) If any person contemplating submitting a proposal under this RFQ is in doubt as to the true meaning of the specifications or other documents or any part thereof, the proposer must submit to the City of South Miami, City Clerk on or before Thursday May 2. 2013 at 2:00 P.M., a request for clarification via fax (305) RFQ #P W- Q2013 -01 City Branding Design & Services Page 6 of 60 663 -6346 or Email: skulick @southmiamifl.go_v. All such requests for clarification must be made in writing and the person submitting the request will be responsible for its timely delivery. Any interpretation of the RFQ if made, will be made only by Addendum duly issued by the City of South Miami, Purchasing Department. A copy of such Addendum will be posted on the City's website under Solicitations /Bid Postings. However, it is the bidder's responsibility to ensure that it has received and reviewed all addenda prior to submitting the bid and the City shall not be responsible for failure to send addenda to bidders receiving the RFQ. Proposers should acknowledge receipt of all addenda in the space designated on the proposal form. In the event of conflict with the original Contract Documents, addenda shall govern all other Contract Documents to the extent specified. Subsequent addenda shall govern over prior addendum only to the extent specified. 10. ACCEPTANCE OR REJECTION OF PROPOSALS All proposals submitted shall be valid for a period of forty -five (45) calendar days from the day of the proposal opening. However, any proposal may be withdrawn up until the time set for proposal opening. Any proposals not so withdrawn shall upon opening, constitute an irrevocable offer for goods and services until accepted by the City Commission's Award. Reasonable efforts will be made to either award the Contract(s) or reject all proposals within forty -five (45) calendar days after proposal opening date. A Proposer may not withdraw his proposal before the expiration of forty -five (45) days from the date of proposal opening. A Proposer may withdraw his proposal after the expiration of forty -five (45) days from the date of proposal opening by delivering written notice of withdrawal to the City Manager's Office prior to award of contract by the City of South Miami Commission. The City of South Miami reserves the right to accept or reject any and /or all proposals or parts of proposals, to waive any informality, irregularities, or technicalities, to re- advertise for proposals, or take any other actions that may be deemed to be in the best interests of the City. The City also reserves the right to award the Contract on a split order basis, group by group, or item by item, or such combination as will best serve the interests of the City, unless otherwise stated. The City also reserves the right to waive minor variations to the specifications (interpretation of such to be made by the applicable department personnel). Final determination and award of contract(s) shall be made by the City Commission. In addition, each proposer agrees to waive any claim it has or may have against the City and the respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any proposal. 11. AWARD OF CONTRACT Once the proposals are opened, a Selection Committee will evaluate the proposals and a recommendation will then be presented to the City Manager. The Contract will be awarded only to a responsible Proposer(s) licensed, and qualified by experience to do the work specified. The Proposer shall submit, prior to award of Contract, satisfactory evidence of his experience in similar work and that he is fully prepared with the necessary organization, capital, and equipment to complete the scope of work. Proposer shall be insured, licensed and certified by all applicable local, county and state agencies. RFQ #PW- Q2013 -01 City Branding Design & Services Page 7 of 60 The Proposer warrants to the City that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under the Contract. This signed proposal is considered an offer on the part of the Proposer, which offer shall be considered accepted upon approval by the City Commission. Within five (5) business days after receiving Notice of Award the Successful Proposer shall submit a revised Certificate of Insurance naming the City of South Miami as additional insured for all liability policies. The award is subject to the provisions of Chapter 112, Florida Statutes. Proposers must disclose with their proposal, the name of any officer, director, partner, proprietor, associate or agent who is also a public officer or employee of the City or any of its agencies. Further, all Proposers must disclose the name of any public officer or employee of the City who owns, directly or indirectly, an interest of five percent (5%) or more in the Officer's firm or any of its branches or affiliate companies. 12. CONTRACT PERIOD This Agreement shall be effective upon execution by both parties and shall continue for a term of One 1 Year. At its sole discretion, the City may extend the Term of the contract in the event the contract has provided just cause for an extension. This extension may be exercised at the sole discretion of the City Manager. Such extension shall be effective upon receipt of a written notice from the City Manager to the Contractor received no later than 30 days prior to the date of termination. 13. PERMITS, FEES AND NOTICES The Successful Proposer shall at his own expense obtain all necessary permits, pay all licenses, fees and taxes, required to comply with all local ordinances, state and federal laws, rules and regulations applicable to business to be carried on under this Contract. All county, state or federal fees and permits shall be applied for and paid by the Proposer as necessary. Proposer must provide City with copy(s) of valid licensing by state /county agency for this type of work. It is the Proposers responsibility to have and maintain appropriate Certificate(s) of Competency and submit state registration (if required) for the work to be performed and valid for the jurisdiction in which the work is to be performed for all persons (including subcontractors) working on the project for whom a Certificate of Competency is required. 14. NEGOTIATIONS The City reserves the right to enter into Contract negotiations with the selected Proposer. If the City and the selected Proposer cannot negotiate a successful contract, the City may terminate such negotiations and begin negotiations with the next selected Proposer, reject all proposals or re- advertise the contract. No Proposer shall have any rights against the City arising from such negotiations. RFQ #PW- Q2013 -01 City Branding Design & Services Page 8 of 60 15. LAWS /ORDINANCES The Proposer shall observe and comply with all federal, state, local and municipal laws, ordinances, rules and regulations that would apply to this Contract. Failure to familiarize himself /herself with applicable laws will in no way relieve him /her from responsibility. 16. ERRORS AND OMISSIONS The City is not required to accept any request by any Proposer to correct errors or omissions in any calculations or price, after proposal is submitted. Proposals which are incomplete, unbalanced, conditional or obscure or which contain additions not called for, erasures, alterations, or irregularities of any kind or which do not comply with the request for proposals and Instructions to Proposers may be rejected at the option of the City. The City does, however, have the option to waive technicalities and request further information or clarification. 17. WARRANTIES OF USAGE No warranty is given or implied by the City as to any components listed in this Request for Proposals and are considered to be estimates for the purpose of information only. The City reserves the right to accept all or any part of the proposal and to increase or decrease locations of Proposers proposal to meet additional or reduced requirements of the City. 18. ASSIGNMENT Neither party to the Contract shall assign the Contract or subcontract it as a whole without the written consent of the other, nor shall the Contractor assign any monies due or to become due to him, without the previous written consent of the City Manager or his designee. 19. COLLUSION The Proposer certifies that its proposal is made without previous understanding, agreement, or connection either with any previous firms or corporations offering a proposal for the same items, or with the City . The Proposer also certifies that its proposal is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action. 20. CONE OF SILENCE Notwithstanding any other provision of these specifications, the provisions of City "Cone of Silence" are applicable to this transaction. The entirety of these provisions can be found in the Miami -Dade County Code Cone of Silence Ordinance No 98 -106, Part III, Chapter 2, Article I- In General Sec 2 -11.1 (t) and may be amended by the County. The "Cone of Silence," as used herein, means a prohibition on any communication regarding a particular Request for Proposal ( "RFP "), Request for Qualification ( "RFQ ") or bid, between: A potential vendor, service provider, proposer, bidder, lobbyist, or consultant; and The City Commission , City's professional staff including, but not limited to, the City Manager and his or her staff, any member of the City's selection or evaluation committee. RFQ #PW- Q2013 -01 City Branding Design & Services Page 9 of 60 The Cone of Silence shall be imposed upon each RFQ, RFP and bid after the advertisement of said RFQ, RFP, or bid. The Cone of Silence shall terminate at the beginning of the City Commission meeting at which time the City Manager makes his or her written recommendation to the City Commission . However, if the City Commission refers the Manager's recommendation back to the Manager or staff for further review, the Cone of Silence shall be re- imposed until the meeting at which the Manager's subsequent recommendation is before the City Commission . The Cone of Silence shall not apply to: 1) oral communications at pre -bid conferences; 2) oral presentations before selection or evaluation committees; 3) public presentations made to the City Commission during any duly noticed public meeting; 4) communication in writing at any time with any City employee, unless specifically prohibited by the applicable RFQ, RFP or bid documents. The bidder or proposer shall file a copy of any written communication with the City Clerk . The City Clerk shall make copies available to any person upon request; 5) communications regarding a particular RFQ, RFP or bid between a potential vendor, service provider, proposer, bidder, lobbyist or consultant and the City's Purchasing Agent or City employee designated responsible for administering the procurement process for such RFQ, RFP or bid, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document; 6) communications with the City Attorney and his or her staff; 7) duly noticed site visits to determine the competency of proposers regarding a particular bid during the time period between the opening of bids and the time the City Manager makes his or her written recommendation; 8) any emergency procurement of goods or services pursuant to City Code; 9) responses to the City's request for clarification or additional information; 10) contract negotiations during any duly noticed public meeting; 11) communications to enable City staff to seek and obtain industry comment or perform market research, provided all communications related thereto between a potential vendor, service provider, proposer, bidder, lobbyist, or consultant and any member of the City's professional staff including, but not limited to, the City Manager and his or her staff are in writing or are made at a duly noticed public meeting. Note: It is the responsibility of the proposer to be familiar with the Cone of Silence Ordinance. Violation of the Cone of Silence by a particular bidder or proposer shall render any RFQ award, RFP award or bid award to said bidder or proposer voidable by the City Commission and /or City Manager. RFQ #PW- Q2013 -01 City Branding Design & Services Page 10 of 60 21. CAMPAIGN FINANCE RESTRICTIONS ON VENDORS Vendors of the City are required to disclose any campaign contributions to the City Clerk , and each vendor must do so prior to and as a condition of the award of any City contract to the vendor. 21.1 VENDORS' CAMPAIGN CONTRIBUTION DISCLOSURE 1. General requirements: (A) Any vendor required to disclose campaign contributions pursuant to the Charter of the City of South Miami , as may be amended, shall file a written disclosure with the City Clerk , stating all contributions made that were accepted by an elected official, the official to whom they were made and the date they were made. The City Clerk may develop a form to be used by vendors for such disclosure. (B) The disclosure shall be filed prior to and as a condition of the award of any City contract to the Vendor. (C) The City Clerk shall inform the Commission of any disclosures which were made in relation to any items before the Commission prior to the hearing on the item or prior to the award of the contract. (D) If an existing vendor makes a contribution the vendor must report the same to the clerk within ten (10) days of its acceptance or prior to being awarded any additional contract or renewal, whichever occurs first. (E) The City Clerk shall file a quarterly report with the Commission, which lists all the vendor disclosures in the quarter. 2. Disqualification (A) As per Section 7.6 of the City Charter, if a Vendor of products or services who directly or through a member of the person's immediate family or through a political action committee or through any other person makes a campaign contribution to a City candidate and fails to disclose it then he /she /it shall be barred from selling any product or service to the City for a period of two years following the swearing in of the subject elected official. 22. LOBBYIST REGISTRATION Proposers must also comply with all City Charter sections and Code Provisions that pertain to lobbyists, including Section 7.6 of the City Charter and implementing ordinance(s), including Sec. 2 -11(s) of the City Code and Ordinance 07 -02. Please contact the City Clerk at (305) 663 -6340 for additional information. Proposers shall complete a "Lobbyist Registration for Oral Presentation" form and all persons listed thereon shall be considered to be registered only for the purposes of the oral presentation, if any. Lobbyists are required to register and pay applicable fees prior to engaging in any other lobbying activity. END OF SECTION RFQ #PW- Q2013 -01 City Branding Design & Services Page 11 of 60 SECTION II SPECIAL CONDITIONS 1. INSURANCE REQUIREMENTS Throughout the term of this Contract, Successful Proposer and /or any and all subcontractors or anyone directly or indirectly employed by either of them shall maintain in force at their own expense, insurance as follows: 1.1 Workers' Compensation Statutory Limits of coverage to apply for all employees in compliance with all applicable State of Florida and federal laws. The policy must include Employers Liability with a limit of $500,000 each accident. 1.2 General Liability Commercial General Liability insurance with limits not less than $1,000,000 each occurrence combined single limit for Bodily Injury and Property Damage including coverage for contractual liability, personal injury, broad form property damage, products and completed operations. This policy of insurance shall be written in an "occurrence" based format. 1.3 Automobile Liability Comprehensive or Business Automobile Liability insurance with limits not less than $1,000,000 each occurrence combined single limit for Bodily Injury and Property Damage including coverage's for owned, hired, and non -owned vehicles and /or equipment as applicable. This policy of insurance shall be written in an "occurrence" based format. 1.4 General Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit and provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general annual aggregate limit shall be double the occurrence limits specified above. Should any required insurance lapse during the Contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this Contract, effective as of the lapse date. If insurance is not reinstated, City may, at their sole option terminate this Agreement effective on the date of such lapse of insurance. RFQ #PW- Q2013 -01 City Branding Design & Services Page 12 of 60 Liability policies shall be endorsed to provide the following: a) Name as additional insured the City of South Miami and its Officers, Agents, Employees and Commission Members. b) That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that insurance applies separately to each insured against whom claims are made or suit is brought, but the inclusion of more than one insured shall not operate to increase the insurer's limit of liability. All policies shall be endorsed to provide thirty (30) days prior written notice of cancellation, non - renewal or reduction in coverage or limits to: City of South Miami Attention: City Clerk's Office 6130 Sunset Drive South Miami, Florida 33189 The issuing agency shall include full name, address and telephone number in each insurance certificate issued. Certificates of Insurance, in form and evidencing all required insurance and endorsements, shall be submitted with the Proposers Proposal Package. If Proposer is Successful Proposer, then prior to commencement of Contract, Proposer must submit revised Certificate of Insurance naming the City of South Miami as additional insured for all liability policies. 1.5 Insurance Company and Agent All insurance policies herein required of the Successful Proposer shall be written by a company with a A.M. Best rating of AB or better that is duly authorized and licensed to do business in the State of Florida and shall be executed by agents, thereof that are duly licensed as agents in said state. 2. SAFETY "The Successful Proposer shall be solely and completely responsible for conditions of the job site, including safety of all persons (including employees) and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Job site safety provisions shall conform to U.S. Department of Labor (OSHA) standards and all other applicable federal, state, county, and local laws, ordinances, codes, and regulations. The Successful Proposer's failure to thoroughly familiarize himself with the aforementioned safety provisions shall not relieve him from compliance with the obligations and penalties set forth therein. The City reserves the right, but is not obligated to make safety inspections at any time the Successful Proposer is on City property and to ensure safety rules are not being violated. RFQ #PW- Q2013 -01 City Branding Design & Services Page 13 of 60 To the extent applicable, the Successful Proposer must also comply with Chapter 487, Florida Statutes. Any items which are delivered from an Agreement resulting from this Proposal must be accompanied by a Material Safety Data Sheets (MSDS). The MSDS sheets must be maintained by the user agency and consist of written, electronic, or printed material concerning an agricultural pesticide that sets forth the following information: a) The chemical name and the common name of the agricultural pesticide. b) The hazards or other risks in the use of the agricultural pesticide, including: 1. The potential for fire, explosions, corrosiveness, and reactivity. 2. The known acute health effects and chronic health effects of exposure to the agricultural pesticide, including those medical conditions that are generally recognized as being aggravated by exposure to the agricultural pesticide. 3. The primary routes of entry and symptoms of overexposure. a) The proper handling practices, necessary personal protective equipment, and other proper or necessary safety precautions in circumstances that involve the use of or exposure to the agricultural pesticide, including appropriate emergency treatment in case of overexposure. b) The emergency procedures for spills, fire, disposal, and first aid. c) A description of the known specific potential health risks posed by the agricultural pesticide, which is written in lay terms and is intended to alert any person who reads the information. d) The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 2.1 Occupational Health and Safety In compliance with Chapter 442, Florida Statutes, any items included in the latest edition of "Florida Substance List" which are delivered from a Contract resulting from this Proposal must be accompanied by a Material Safety Data Sheets (MSDS) The MSDS sheets must be maintained by the user agency and must include the following information: a) The chemical name and the common name of the toxic substance. b) The hazards or other risks in the use of the toxic substance, including: 1. The potential for fire, explosion, corrosiveness, and reactivity; 2. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and RFQ #PW- Q2013 -01 City Branding Design & Services Page 14 of 60 3. The primary routes of entry and symptoms of overexposure. c) The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or ,exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. d) The emergency procedure for spill, fire, disposal, and first aid. e) A description in lay terms of the known specific potential health risks posed by the toxic substances intended to alert any person reading this information. f) The year and month, if available, that the information was compiled and the name, address, and the emergency telephone number of the manufacturer responsible for preparing the information. ALL TOXIC SUBSTANCES MUST BE LABELED FOR IDENTIFICATION IN ACCORDANCE WITH OSHA STANDARDS. 3. CARE AND SAFETY The Contractor shall exercise the greatest of caution and care in servicing each site so as not to be or create a hazard which may affect the health, safety and welfare of users of the site or those surrounding, abutting or passing, and so as not to cause or inflict damage to any portion of the site and the area abutting and surrounding. The Contractor shall be responsible for all damages to persons and /or property occurring in the course of or resulting from his work, and shall be responsible for all repair, restoration, replacement and /or restitution for said damages at the Contractor's sole expense. 4. SUB- CONTRACTORS 4.1 Sub - Contractors Terms The Contractor agrees to bind specifically every sub - contractor to the applicable terms and conditions of the Contract Documents for the benefit of the City . 4.2 Sub- Contractors Agreement Written approval by the City Manager or his designee will be required, prior to hiring any subcontractor. All work performed for the Contractor by a sub - contractor shall be pursuant to an appropriate agreement between the Contractor and the Sub - contractor. S. PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid 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 Contractor, supplier, subcontractor, or RFQ #PW- Q2013 -01 City Branding Design & Services Page 15 of 60 consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 6. DRUG -FREE WORKPLACE PROGRAMS Preference shall be given to businesses with Drug -Free Workplace programs. Whenever two or more proposals which are equal with respect to price, quality and service are received by the City for the procurement of commodities or contractual services, a proposal received from a business that completes the attached Drug -Free Workplace form certifying that it is a Drug -Free Workplace shall be given preference in the award process. 7. RELATED PARTIES TRANSACTION VERIFICATION AND CITY CODE OF ETHICS Proposers shall submit the "Related Parties Transaction Verification Form. The form affirms the proposer is familiar with the City of South Miami Code of Ethics, Section 8A -1 of the City Code of Ordinances and shall disclose any violations of the Code as referenced and detailed in the Form. 9. INSPECTION, DIRECTION, AND PAYMENT 9.1 Direction The work will be conducted under the general direction of the City Manager or his designee, and is subject to inspection by his appointed inspectors to insure compliance with the terms of the Contract. Changes to any provision of the specifications without written authorization of the City Manager or his designee nor shall the presence of an inspector relieve the Contractor from any requirements of the Contract. 9.2 Payment Contractor shall submit invoices on or about the first of each month for work completed in the previous month under provision of this Contract. Invoices will be verified by checking them against Landscape Maintenance Report forms that were approved for payment during the time period being invoiced. The City shall pay the Contractor pursuant to the Florida Prompt Payment Act. END OF SECTION RFQ #PW- Q2013 -01 City Branding Design & Services Page 16 of 60 SECTION III DETAILED REQUIREMENTS SCOPE OF SERVICES The City of South Miami is requesting interested parties to submit qualifications to develop a new municipal branding standards and guidelines. This will be a succinct, clear language, foundational document for the City, enabling Administration to work towards brand standardization and integration across a variety of mediums. With increased growth and development occurring within the municipality and larger region, the appearance and exposure of the City of South Miami corporate brand must be professional and consistent. The Proposed Adopted Budget for Branding Standards and Guidelines for fiscal year2013 is $20,000. The branding standards and guidelines will consist of, but not limited to: Phase I: FY 2013 1.1 Branding Strategy The primary focus of this project is the development of a Branding Strategy for the City of South Miami. The Branding Strategy will include, but is not limited to; the development of a logo for the City. The City of South Miami logo is currently the heart of its visual identity. Discuss the components of this visual mark and how the Branding Strategy works together with the logo, including color specifications, sizes and additional uses. The current City Seal will remain the same and is not affected or altered as a result of the City Branding and Deslign Proieet. After a review of the qualifications and ranking of submittals received, the City Manager will recommend a single vendor /firm to the City Commission for City Branding and Design Services. Once a vendor /firm has been selected, the awarded vendor will develop and present a new City logo to the City Manager within thirty -days (30) of executing the Agreement. The City Manager will recommend the new logo and the accompanying "Branding Strategy" to the City Commission for approval. Phase II: FY 2013, or as the current City Budget Allows 1.2 Introduction to the Brand Provide an introduction to the Branding Standards and Guidelines. Primary target audiences include City Administration /Staff and related media /print /publication agencies who may access the brand; secondary target audiences include local residents and businesses. Visitor /tourism audiences and potential residents /businesses round out the target audience list. 1.3 Typography Provide guidance regarding approved typography. Describe why the correct use of typography is important with examples of usage. 1.4 Photography /Pattern /Illustration Usage As imagery plays an important role within print and online materials, provide guidelines around developing appropriate photographic imagery for the City and provide examples of correct and incorrect usage of images. RFQ #PW- Q2013 -01 City Branding Design & Services Page 17 of 60 1.5 Stationary The logo will be used on letterhead, envelopes, business cards, corporate reports, memorandum, facsimile sheets, media releases, name tags, and other stationary items. 1.6 Website design The City of South Miami will be updating its website in the near future. To ensure a common look and feel carries into any website redevelopment, provide website design examples that intergrate the City's visual identity. 1.7 Other uses The logo will also be displayed on the City street signage, welcome signs and throughout other areas within the City. Note., Designs, Drawings, Detailed S eeifications Rlans and Brandiniz Strategies Designs, drawings, detailed specifications, plans and branding strategies; including colors, materials, etc.; developed by the awarded vendor for the City, shall become the property of the City and shall be provided to the City upon request. END OF SECTION RFQ #PW- Q2013 -01 City Branding Design & Services Page 18 of 60 ti SECTION IV PROPOSALPACKAGE City Branding Design & Services QUALIFICATIONS ARE DUE ON OR BEFORE: Tuesday, May 7, 2013 @ 2:00 PM TO: CITY HALL OFFICE OF THE CITY CLERK 6130 Sunset Drive South Miami, Florida 33143 THIS RFQ SUBMITTED BY: COMPANY NAME: The Weinbach Group, Inc. ADDRESS: Plaza 57, 7301 Southwest 57th Ct„ Suite 550, Miami, FL 33143 TELEPHONE: 668 -0070 FAX #: ( 305) 668 -3029 EMAIL: dweinbach(cDweinbachgroup.com RFQ #PW- Q2013 -01 City Branding Design & Services Page 19 of 60 SECTION IV RFQ REQUIREMENTS CHECKLIST RFQ #PW- Q2013 -01 Proposer has attached all documents listed in the checklist as provided and any other pertinent information. Section 1.01 CHECK LIST Bid Package: One (1) original and Nine (9) copies Proposal Confirmation Scope of Services /Plan Proposer's Qualifications Proposer's References Indemnification Clause Non - Collusive Affidavit Drug -Free Workplace Form Sworn Statement on Public Entity Crimes Related Party Transaction Verification Form Exception to the Request for Proposals Addendum Acknowledgement Form Anti - Kickback Affidavit Proof of Insurance Contract /Agreement RFQ #PW- Q2013 -01 City Branding Design & Services Page 28 of 60 FORMS ATTACHED Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No CITY OF SOUTH MIAMI CITY BRANDING DESIGN & SERVICES RFQ #PW- Q2013 -01 PROPOSAL CONFIRMATION In accordance with the requirements to provide City Branding Design & Services , RFQ #PW- Q2013 -01, the undersigned submits the attached proposal. Proposer has examined the site and locality where the work is to be performed and is fully aware of the scope of work based on these requirements, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the work and has made such independent investigation as Proposer deems necessary. This proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Proposer has not directly or indirectly induced or solicited any other Proposer to submit a false or sham proposal; Proposer has not solicited or induced any person; firm or a corporation to refrain from proposing and Proposer has not sought by collusion to obtain for himself any advantage over any other Proposer or over Owner. The Proposer shall acknowledge this Proposal by signing and completing the spaces provided. I hereby submit this Proposal Package for City Branding Design & Services), RFQ #PW- Q2013 -01 to the City of South Miami with the full understanding of the Request for Qualifications, General and Special Conditions and Detail Requirements and the entire Proposal Package. Daniel Weinbach Proposer's Name State of: County of: Miami -Dade 6 7 /Zo/ 3 Date The foregoing instrument was acknowledged before me this -1 day of 2013, by Daniel Weinbach , who is (who are) personally known to me or who has produced 1115 o�� (09-0 —U as identification and who did (did not) take an oath. No !Ic 5ignature , ,� %I%gWAP� WGOMMiSSION # EE 03372N Notary Name, Printed, Typed or Stamped EXPIRES: Ociober25,2014 Commission Number: ss; SDnded ThW NOWY �bikUademdWs My Commission Expires: RFQ #PW- Q2013 -01 City Branding Design & Services Page 29 of 60 CITY OF SOUTH MIAMI CITY BRANDING DESIGN & SERVICES RFQ #PW- Q2013 -01 QUALIFICATIONS This section of the proposal should give a description of the firm, including the size, range of activities, and the number of years with relative experience with large accounts Particular emphasis should be given as to how the firm -wide experience project will be brought to bear on the proposed project. This section must also identify the contact person and telephone number. Please see attached document. Note: Additional sheets may be attached if necessary. RFQ #PW- Q2013 -01 City Branding Design & Services Page 30 of 60 CITY OF SOUTH MIAMI CITY BRANDING DESIGN & SERVICES RFQ #PW -Q 2013 -01 QUALIFICATIONS (CONTINUED) NOTE. This statement of Proposers Qualifications must be completely filled out, properly executed and returned as part of your proposal. 1. List the true, exact and proper names of the company, partnership, corporation, trade or fictitious name under which you do business and principals by name and titles: Name of Company: The Weinbach Group, Inc. Address: 7301 SW 57th CT, Suite 550, South Miami, FL 33.143 Principals: Daniel Weinbach N. Phillip Weinbach Titles: Executive Vice President & Chief Operating Officer Chief Operating Officer 2. a. Are you licensed, as may be required, in the designated area(s) of Miami -Dade County, Florida? Yes X No b. List Principals Licensed: Name(s): Daniel Weinbach Remarks: None. Title: Executive Vice President & Chief Operating Officer How long has your company been in business and so licensed? Since 1988. 4. If Proposer is an individual or a partnership, answer the following: (NIA) a. Date of organization: RFQ #PW- Q2013 -01 City Branding Design & Services Page 31 of 60 CITY OF SOUTH MIAMI CITY BRANDING DESIGN & SERVICES RFQ #PW- Q2013 -01 QUALIFICATIONS (CONTINUED) b. Name, address and ownership units of all partners: NL C. State whether general or limited partnership: if Proposer is other than an individual, corporation or partnership, describe the organization and give the name and address of principals. 5. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. (N /A) 6. How many years has your organization been in business under its present business name? 25 a. Under what other former names has your organization operated? None 7. a. Has your company ever failed to complete a bonded obligation or to complete a Contract? Yes No X RFQ #PW- Q2013 -01 City Branding Design & Services Page 32 of 60 CITY OF SOUTH MIAMI CITY BRANDING DESIGN & SERVICES RFQ #PW -Q 2013 -01 PROPOSER'S QUALIFICATIONS (CONTINUED) If so, give particulars including circumstances, where and when, name of bonding company, name and address of owner and disposition of matter: (N /A) 8. a. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). Please see attached document. b. State the name of the individual(s) and titles that will have personal supervision of the work: Daniel Weinbach, Executive Vice President & Chief Operating Officer Alex Madeja, Manager of Client Services Jovan Villalba, Senior Art Director & Studio 9. List name and title of persons in your company who are authorized to enter into a Contract with the CITY OF SOUTH MIAMI , Florida for the proposed work should your company be the Successful Proposer. Name Daniel Weinbach Title Executive Vice President & Chief Operating Officer Phone #: (305) 668 -0070 Email: deinbach@weinbachgroup.com RFQ #PW- Q2013 -01 City Branding Design & Services Page 33 of 60 CITY OF SOUTH MIAMI CITY BRANDING DESIGN & SERVICES RFQ #PW- Q2013 -01 QUALIFICATIONS (CONTINUED) The undersigned guarantees the authenticity of the foregoing statements and does hereby authorize and request any person, firm or corporation to furnish any information requested by the CITY OF SOUTH MIAMI , Florida to verification of the recitals comprising this statement of the Proposers qualifications. DISCOVERY OF ANY OMISSION OR MISSTATEMENT THAT MATERIALLY AFFECTS THE PROPOSERS QUALIFICATIONS TO PERFORM UNDER THE CONTRACT SHALL CAUSE THE OWNER TO REJECT THE PROPOSAL AND IF AFTER THE AWARD TO CANCEL AND TERMINATE THE AWARD AND /OR CONTRACT. Date: 71 r The Weinbach Group, Inc. Company Daniel Weinbach Print Name Chief Operating Officer Title If Corporation (Seal) If Individual or Partnership, two Witnesses are required: Witness Witness Respectfully submitted (CORPORATE SEAL) --7�; vli N 4ah-a4 6ev ae Company - Contractor RFQ #PW- Q2013 -01 City Branding Design & Services Page 34 of 60 ATTEST: Secretary Witness CITY OF SOUTH MIAMI CITY BRANDING DESIGN & SERVICES RFQ #PW- Q2013 -01 PROPOSER'S QUALIFICATIONS (CONTINUED) By President Contractor Signature END OF SECTION RFQ #PW- Q2013 -01 City Branding Design & Services Page 35 of 60 (Seal) CITY OF SOUTH MIAMI CITY BRANDING DESIGN & SERVICES RFQ #PW- Q2013 -01 REFERENCES The following is a list of at least four (4) references that Proposer has provided similar service in the past five (5) years. Government agency references are preferred. 1 2 Name of Firm, City, County or Agency: Jackson Health System Address: 1611 NW 12th Avenue, West Wing #108, Miami, FL 33136 Contact: Matthew Pinzur Title: V.P. /External Affairs Telephone :(305) 585 -7136 Location: South Florida Scope of Work: Full service advertising. marketing and brand development. Name of Firm, City, County or Agency: Village of Pinecrest Address: 8200 S.W. 124th Street, Pinecrest, FL 33156 Contact:Yocelyn Galiano GomezTitle: Village Manager Telephone :( 305) 234 -2110 Location: South Florida Scope of Work: Brand developement, promotion. 3. Name of Firm, City, County or Agency: HealthPlan Services Address: 3501E Frontage Road Tampa FL 33607 Contact: Robin K. Depenbrock Title: VP Mktg & Natl Sales Telephone :(813) 787 -9137 Location: Tampa, Florida collateral development. Scope of Work: Brand development, 4. Name of Firm, City, County or Agency: Femwell Group Health, Inc. Address: 3225 Aviation Avenue, Suite 700, Miami, FL 33133 Contact: Jennifer Farias Location: South Florida Title: Marketing Manager NOTE: Additional references may be attached and provided. Telephone : 305 273 -4641 X195 Scope of Work: Brand development. RFQ #PW- Q2013 -01 City Branding Design & Services Page 36 of 60 CITY OF SOUTH MIAMI CITY BRANDING DESIGN & SERVICES RF #PW- Q2013 -01 INDEMNIFICATION CLAUSE The parties agree that one percent (1 %) of the total compensation paid to Contractor for the work of the contract shall constitute specific consideration to Contractor for the indemnification to be provided under the Contractor. The Proposer shall indemnify and hold harmless the City Commission, the CITY OF SOUTH MIAMI , and their agents and employees from and against all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the performance of the work provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. In any and all claims against the Owner, or any of their agents or employees by any employee of the Proposer, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Paragraph shall not be limited in any way by any limitation on this amount or type of damages compensation or benefits payable by or for the Contractor or any subcontractor under Worker's Compensation Acts, Disability Benefit Acts or other Employee Benefit Acts. Nothing in this section shall affect the immunities of the City pursuant to Chapter 768, Florida Statutes. '7/Daniel Weinbach Proposer's Name ature Da e State of: Florida County of: Miami -Dade The foregoing instrument was acknowledged before me this day of 2013, by Daniel Weinbach who is (who are) personally known to a or who has produced AML ��� "� d as identification and who did (did not) take an oath. VMANA PELLON — MY �xi I WN 0 Es� a B0 T+� N�ery Public Underwr M Notary Name, Printed, Typed or Stamped Commission Number: My Commission Expires: RFQ #PW- Q2013 -01 City Branding Design & Services Page 37 of 60 CITY OF SOUTH MIAMI CITY BRANDING DESIGN & SERVICES RFQ #PW- Q2013 -01 NON - COLLUSIVE AFFIDAVIT State of Florida } } SS: County of Miami -Dade} Daniel Weinbach being first duly sworn deposes and says that: a) He /she is the Officer , (Owner, Partner, Officer, Representative or Agent) of The Weinhach -,roue, Inc. , the Proposer that has submitted the attached Proposal; b) He /she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; c) Such Proposal is genuine and is not collusive or a sham Proposal; d) Neither the said Proposer 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 Proposer, 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 person to fix the price or prices in the attached Proposal or of any other Proposer, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Proposer, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed work; e) 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 Proposer or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: Witness Witness (Printed Name) Chief Operating Officer (Title) RFQ #PW- Q2013 -01 City Branding Design & Services Page 38 of 60 CITY OF SOUTH MIAMI CITY BRANDING DESIGN & SERVICES RFQ #PW- Q2013 -01 NON - COLLUSIVE AFFIDAVIT (CONTINUED) ACKNOWLEDGMENT State of Florida ) SS: County of Miami -Dade) BEFORE ME, the undersigned authority personally appeared Dkk a '_-- V ot-rf A tome well known and known by me to be rson describe herein and who executed the foregoing Affidavit and acknowledged to and before me that ecuted said Affidavit for the purpose therein expressed. WITNESS, my hand and official seal this _q_ day of a , 2013. My Corn Vi56n Expires: VMANA PELLON MY COMMISSION # EE 037296 EXPIRES: October 25, 2014 Bonded Thru Notary Pubk Urd9iw h9m atary Public State n Florida at Large END OF SECTION RFQ #PW- Q2013 -01 City Branding Design & Services Page 39 of 60 CITY OF SOUTH MIAMI CITY BRANDING DESIGN & SERVICES RFQ #PW- Q2013 -01 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that The Weinbach Grou Inc. does: (Name of Business) 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 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 this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Signature Daniel Weinbach Print Name RFQ #PW- Q2013 -01 City Branding Design & Services Page 40 of 60 - 67 �3 Da CITY OF SOUTH MIAMI CITY BRANDING DESIGN & SERVICES RFQ #PW- Q2013 -01 SWORN STATEMENT ON PUBLIC ENTITY CRIMES SECTION 287.133(3) (a), FLORIDA STATUTES (CONTINUED) 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 the City of South Miami by Daniel Weinbacil Chief Operating Officer [Print individual's name and title] for The Weinbach Group, Inc. [Print name of entity submitting sworn statement] whose business address is Plaza 57, 7301 Southwest 57th Court, Suite 550 Miami, FL 33143 and (if applicable) its Federal Employer Identification Number (FEIN) is #65- 0053347 (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)9g), 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 the United States, including, but not limited to, any bid or contract for goods and services to be provided to any public entity or an agency or political subdivision of any other state or of the United States involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 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 or 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. RFQ #PW- Q2013 -01 City Branding Design & Services Page 41 of 60 CITY OF SOUTH MIAMI CITY BRANDING DESIGN & SERVICES RFQ #PW- Q2013 -01 SWORN STATEMENT ON PUBLIC ENTITY CRIMES (CONTINUED) SECTION 287.133(3) (a), FLORIDA STATUTES 4. 1 understand than 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. Te 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 with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goofs 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 the management of an entity. 6. Based on information and belief, the statement that I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, not any affiliate of the entity, has been charged with and convicted of a public entity crime subsequent to July 1, 1989. This 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. RFQ #PW- Q2013 -01 City Branding Design & Services Page 42 of 60 CITY OF SOUTH MIAMI CITY BRANDING DESIGN & SERVICES RFQ #PW- Q2013 -01 SWORN STATEMENT ON PUBLIC ENTITY CRIMES (CONTINUED) SECTION 287.133(3) (a), FLORIDA STATUTES (N /A) 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 HAT 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. Daniel Weinbach Proposer's Name s Signature Sworn to and subscribed before me this day of 2013. Personally known OR produced identification IFML Notary Public State of Florida at Large S S ^ `pC VIVIANA n # EE 0 J 1,9 1 _ My commission expire :. MYOoMMI5SIUNgEEO37296 r x•''!F1l -.8: October 25, 2014 (Type of identification)r� L'ouied fliru Mary Public UndervAilers (Zated, yped or stamped commissioned notary public) RFQ #PW- Q2013 -01 City Branding Design & Services Page 43 of 60 "RELATED PARTY TRANSACTION VERIFICATION FORM" I Daniel Weinbach , individualy and on behalf of The Weinbach Gryup,lnc._( "Firm ") have Name of Representative CompanylVendor /Entity read the City of South Miami ( "City ")'s Code of Ethics, Section 8A -1 of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief: (1) neither I nor the Firm have any conflict of interest (as defined in section 8A -1) with regard to the contract or business that I, and /or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A -1, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the relationship of employees or those who have a financial interest in the Firm]; and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with the city, or with any person or agency acting for the city, other than as follows: (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm]; and (4) no elected and /or appointed official or employee of the City of South Miami, or any of their immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and /or your Firm and the City other than the following individuals whose interest is set forth following their names: (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). The names of all City employees and that of all elected and /or appointed city officials or board members, who own, directly or indirectly, an interest of five percent (5 %) or more of the total assets of capital stock in the firm are as follows: (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (4) shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and /or appointed official or Employee]. (5) 1 and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) 1 and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any boc-ird, commission or agency of the City within the past RFQ #PW- Q2013 -01 City Branding Design & Services Page 44 of 60 two years other than as follows: (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). (7) Neither I nor any employees, off (i.e., as a spouse, son, daughter, p icarentrbrother orosister) is related by blood ior marriage to (i ) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: {use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath}. [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the relationship by blood or marriage Apr oee s, oofic ass of the directors of the Firm, or of any of their immediate family to any appointed City, or to their immediate family members]. (8) No Other Firma, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family Cit members which (hereinafter referred to as "Related Parties ") has responded to a solicitation by Y or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other than the following: (use a separate sheet to supply additional information that will not fit on this line but make reference to the additional sheet which must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation into the Other Firm, or the Firm he /she represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons' immediate family). (9) 1 and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (10 }A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any by law. Additionally, violations hmay be coins dered by anld subjeict to action by ttheaMiamilDaded Y County Commission on Ethics. Under penalty of perjury, I declare that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements made hereinabove are true and correct to the best of my knowledge, information and beli ff. Signature: Print Name & aniel Weinbach / Chief O eratin Officer Date: ATTACHED: Sec. 8A -1- Conflict of interest and code of ethics ordinance. RFQ #PW- Q2013 -01 City Branding Design & Services Page 45 of 60 Section 8A -1 CODE OF ETHIC Sec. 8A -1. - Conflict of interest and code of ethics ordinance.': (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi - judicial personnel, advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (1) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies, such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi- judicial personnel" shall refer to the members of the planning board, the environmental review and preservation board, the code enforcement board and such other individuals, boards and agencies of the city as perform quasi - judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city attorney, and all assistants to the city clerk, city manager and city attorney, however titled. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or to be conferred, in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting business with the city. (9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid, a proposal in response to a RFP, a statement of qualifications in response to a request by the city, or entering into contract negotiations for the provision on any goods or services, whichever first occurs. (c) Prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business RFQ #PW- Q2013 -01 City Branding Design & Services Page 46 of 60 in which that person or a member of the immediate family has a financial interest, direct or indirect with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall effect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: (1) The payment of taxes, special assessments or fees for services provided by the city government; (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (1) An open -to -all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2), (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or registered land surveying, as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined in paragraphs (b)(2), (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a firm, corporation, partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally, no person included in the term defined in paragraph (b)(1) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (1) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or RFQ #PW- Q2013 -01 City Branding Design & Services Page 47 of 60 (2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the person defined in paragraph (b)(1) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b)(1) who has any of the specified relationships or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (e) Gifts. (1) Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without adequate and lawful consideration. (2) Exceptions. The provisions of paragraph (e)(1) shall not apply to: a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph (3); C. Awards for professional or civic achievement; d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)(1) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in paragraphs (b)(1) through (6), or for any person included in the terms defined in paragraphs (b)(1) through (6) to accept or agree to accept from another person or entity, any gift for or because of: a. An official public action taken, or to betaken, or which could betaken, or an omission or failure to take a public action; b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform a legal duty; C. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in paragraph (b)(1); or d. Attendance or absence from a public meeting at which official action is to be taken. (4) Disclosure. Any person included in the term defined in paragraphs (b)(1) through (6) shall disclose any gift, or series of gifts from any one person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)(1) through (6) be employed by a corporation, firm, partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city RFQ #PW- Q2013 -01 City Branding Design & Services Page 48 of 60 or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b)(1) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official position, nor shall that person in fact ever disclose confidential information garnered or gained through an official position with the city, nor shall that person ever use such information, directly or indirectly, for personal gain or benefit. (i) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. (j) Prohibition on outside employment. (1) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city, except as may be permitted as follows: a. Generally prohibited. No full -time city employee shall accept outside employment, either incidental, occasional or otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is to be performed on city time. b. When permitted. A full -time city employee may accept incidental or occasional outside employment so long as such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c. is obtained. c. Approval of department head required. Any outside employment by any full - time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in section 1 -11 of the Code of Miami -Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full -time city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause. RFQ #PW- Q2013 -01 City Branding Design & Services Page 49 of 60 (k) Prohibited investments. No person included in the terms defined in paragraphs (b)(1) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. (1) Certain appearances and payment prohibited. (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counsel or legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as counsel or legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when financial interests involved. No person included in the terms defined in paragraphs (b)(1) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment, equity, or debt. (n) Acquiring financial interests. No person included in the terms defined in paragraphs (b)(1) through (6) shall acquire a financial interest in a project, business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official, officer or employee. (o) Recommending professional services. No person included in the terms defined in paragraphs (b)(1) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials, officers or employees. (p) Continuing application after city service. RFQ #PW- Q2013 -01 City Branding Design & Services Page 50 of 60 (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall, for a period of two years after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs (b)(1) through (6)] in connection with any judicial or other proceeding, application, RFP, RFQ, bid, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two -year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, 501(c)(3) non - profit entities or educational institutions or entities, and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)(1) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)(1) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(1) in which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section 8A -2(p). (q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)(1) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. END OF SECTION RFQ #PW- Q2013 -01 City Branding Design & Services Page 51 of 60 CITY OF SOUTH MIAMI CITY BRANDING DESIGN & SERVICES RFQ #PW- Q2013 -01 EXCEPTION TO THE REQUEST FOR QUALIFICATIONS NOTE. Please note any exceptions to the provisions of the RFQ. (Additional sheets may be attached.) However, all alterations or omissions of required information or any change in proposal requirements are done at the risk of the Proposer presenting the proposal and may result in the rejection thereof. The City reserves the right to require strict compliance with the terms of the RFP and to reject any exceptions or alternative proposals. We have no exceptions to the request for qualifications. RFQ #PW- Q2013 -01 City Branding Design & Services Page 52 of 60 Proposer: CITY OF SOUTH MIAMI CITY BRANDING DESIGN & SERVICES RFQ #PW- Q2013 -01 ADDENDUM ACKNOWLEDGEMENT FORM Addendum #Date Received The Weinbach Group, Inc. Daniel Weinbach I Chief Operating Officer (Printed Name & Title) RFQ #PW- Q2013 -01 City Branding Design & Services Page 53 of 60 CITY OF SOUTH MIAMI CITY BRANDING DESIGN & SERVICES RFQ #PW- Q2013 -01 ANTI - KICKBACK AFFIDAVIT STATE OF FLORIDA } } SS: COUNTY OF MIAMI -DADE } I, the undersigned, hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of South Miami, its elected officials, and or its design consultants, as a commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: Daniel Weinbach 1 Chief Sworn and subscribed before this VM 2013 ANA PELLON 7 3yo MY COMMISSION # EE 03 r EXPIRES: October 25. 'O Banded nru Nalery Public olidvwrlters Nor/A`ablic, State of Florida VNW#A PEUDN Me MY 00MMISSION # EE 037296 EXPIRES: October 25, 2014 (Printed Name) B=W Tin notaryPuWUnderveltere My commission expires: END OF SECTION RFQ #PW- Q2013 -01 City Branding Design & Services Page 54 of 60 CITY OF SOUTH MIAMI CITY BRANDING DESIGN & SERVICES RFQ #PW- Q2013 -01 AGREEMENT THIS AGREEMENT is made this7th day of May 2013 by and between the City of South Miami , Florida (the "City ") and The Weinbach Group, Inc. (the "Contractor ") The parties, for the consideration provided for below, mutually agree as follows: 1. SCOPE OF WORK The Contractor shall furnish all labor, materials, supervision, equipment, supplies, and incidentals required to perform the scope of work as outlined in the RFQ Detailed Requirements Section III or modified by addendums. Designs, Drawings, Detailed Specifications, Plans and Branding Strategies developed by the "Contractor" for the City; including colors, materials, etc., shall become the property of the City and shall be provided to the City upon request. 2. COMPENSATION /PAYMENT 2.1 Contractor shall provide the City with an invoice on a monthly basis within ten (10) days of the end of each month stating the services provided in the preceding month. 2.2 The City shall make payment on said invoices of approved amounts due, as required under the Florida Prompt Payment Act. No payments shall be due or payable for Work not performed or materials not furnished. If there is a dispute with regard to an invoice, the City may withhold payment until all requested supporting materials are received from Contractor and the dispute is resolved. 2.3 Contractor shall be compensated at the unit prices specified in the Bid Proposal, attached hereto as Exhibit "B ", based upon the actual Work completed for the month. The total compensation under this Agreement shall not exceed $20,000.00 (the "Agreement Sum "). 3. TERM This Agreement shall be effective upon execution by both parties and shall continue for a term of One (1) Year. At its sole discretion, the City may extend the Term of the contract in the event the contract has provided just cause for an extension. This extension may be exercised at the sole discretion of the City Manager. Such extension shall be effective upon receipt of a written notice from the City Manager to the Contractor received no later than 30 days prior to the date of termination. 4. PROTECTION OF PROPERTY AND THE PUBLIC The Contractor shall continuously maintain adequate protection of all his Work from damage and shall protect public and private property from injury or loss arising in connection with this Agreement as follows: 5.1 The Contractor shall take all necessary precautions for the safety of employees in the performance of the Work on, about or adjacent to the work sites, and shall comply with all applicable provisions of Federal, State, and local laws, including, but not limited to the RFQ #PW- Q2013 -01 City Branding Design & Services Page 55 of 60 requirements of the Occupational Safety and Health Act of 1970, and amendments thereto, and building codes to prevent accidents or injury to persons on, about or adjacent to the work site where the Work is being performed. 6. INDEMNIFICATION 6.1 The parties agree that 1% of the total compensation paid to the Contractor for the performance of this agreement shall represent the specific consideration for the Contractor's indemnification of the City as set forth in this Section 1.5 and in the Terms and Conditions. 6.2 To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless the City and their consultants, agents and employees from and against any and all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of attorneys and other professionals and court costs) arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting there from and (b) is caused in whole or in part by any willful and wanton or negligent or gross negligent acts or omission of Contractor, any subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. 7. AGREEMENT DOCUMENTS The following documents shall, by this reference, be considered part of this Contract: Instructions to Proposers; All Addendums; Contract Agreement; Proposal; Detailed Specifications; Qualification Statement; Public Entity Crime Form; Affidavits and Forms; Insurance Certificates S. INSURANCE The Contractor shall secure and maintain throughout the duration of this Agreement, insurance of such type and in such amounts necessary to protect its interest and the interest of the City against hazards or risks of loss as specified below. The underwriter of such insurance shall be qualified to do business in Florida, be rated AB or better, and have agents upon whom service of process may be made in the State of Florida. The insurance coverage shall be primary insurance with respect to the City, its officials, employees, agents and volunteers. Any insurance maintained by the City shall be in excess of the Contractor's insurance and shall not contribute to the Contractor's insurance. The insurance coverages shall include a minimum of: RFQ #PW- Q2013 -01 City Branding Design & Services Page 56 of 60 8.1 Worker's Compensation and Employer's Liability Insurance. Coverage to apply for all employees for statutory limits as required by applicable State and Federal laws. The policy (ies) must include Employer's Liability with minimum limits of $500,000.00 each accident. 8.2 Comprehensive Automobile and Vehicle Liability Insurance This insurance shall be written in comprehensive form and shall protect the Contractor and the City against claims for injuries to members of the public and /or damages to property of others arising from the Contractor's use of motor vehicles or any other equipment and shall cover operation with respect to onsite and offsite operations and insurance coverage shall extend to any motor vehicles or other equipment irrespective of whether the same is owned, non - owned, or hired. The limit of liability shall not be less than $1,000,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive that the latest edition of the Business Automobile Liability Policy, without restrictive endorsement, as filed by the Insurance Services Office. 8.3 Commercial General Liability This insurance shall be written in comprehensive form and shall protect the Contractor and the City against claims arising from injuries to members of the public or damage to property of others arising out of any act or omission to act of the Contractor or any of its agents, employees, or subcontractors. The limit of liability shall not be less than $1,000,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Commercial General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (1) Premises and /or Operations; (2) Independent contractors and Products and /or completed Operations; (3) Broad Form Property Damage, Personal Injury and a Contractual Liability Endorsement, including any hold harmless and /or indemnification agreement. 8.4 Certificate of Insurance Contractor shall provide the City Manager with Certificates of Insurance for all required policies. The Certificates of Insurance shall not only name the types of policy(ies) provided, but also shall refer specifically to this Agreement and shall state that such insurance is as required by this Agreement. The City reserves the right to require the Contractor to provide a certified copy of such policies, upon written request by the City. If a policy is due to expire prior to the completion of the services, renewal Certificates of Insurance or policies shall be furnished thirty (30) calendar days prior to the date of their policy expiration. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the City before any policy or coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to approval of the City Manager. 8.5 Additional Insured The City is to be specifically included as an Additional Insured for the liability of the City resulting from operations performed by or on behalf of Contractor in performance of this Agreement. Contractor's insurance, including that applicable to the City as an Additional Insured, shall apply on a primary basis and any other insurance maintained by the City shall be in excess of and shall not contribute to Contractor's insurance. Contractor's insurance shall contain a severability of interest provision providing that, except with respect to the total limits of liability, the insurance shall apply to each Insured or Additional Insured in the same manner as if separate policies had been issued to each. All deductibles or self- insured retentions must be declared to and be approved by the City Manager. The Contractor shall be responsible for the payment of any deductible or self- insured retention in the event of any claim. RFQ #PW- Q2013 -01 City Branding Design & Services Page 57 of 60 9 ASSIGNMENT AND AMENDMENT No assignment by the Contractor of this Agreement or any part of it, or any monies due or to become due, shall be made, nor shall the Contractor hire a subcontractor to perform its duties under this Agreement without prior written approval of the City . This Agreement may only be amended, by the parties, with the same formalities as this Agreement. 10. TERMINATION 10.1 Either party may terminate this Agreement without cause upon 30 days written notice to the other party. 10.2 Upon notice of such termination, the City shall determine the amounts due to the Contractor for services performed up to the date of termination. The Contractor shall not be entitled to payment of any lost profits or for Work performed after the date of termination. 10.3 After receipt of a notice of termination, and except as otherwise directed, the Contractor shall stop all Work under this Agreement, and shall do so on the date specified in the notice of termination. 10.4 The City may terminate this Agreement upon five (5) days written notice if the Contractor defaults on any material term of this Agreement. 11. GOVERNING LAW The law of the State of Florida shall govern the contract between the City of South Miami and the successful proposer and any action shall be brought in Miami -Dade County, Florida. In the event of litigation to settle issues arising hereunder, the prevailing party in such litigation shall be entitled to recover against the other party its costs and expenses, including reasonable attorney fees, which shall include any fees and costs attributable to appellate proceedings arising on and of such litigation. 12. ACCESS TO PUBLIC RECORDS The Contractor shall comply with the applicable provisions of Chapter 119, Florida Statutes. The City shall have the right to immediately terminate this Agreement for the refusal by the Contractor to comply with Chapter 119, Florida Statutes. The Contractor shall retain all records associated with this Agreement for a period of three (3) years from the date of Termination. 13. INSPECTION AND AUDIT During the term of this Agreement and for three (3) years from the date of termination the Contractor shall allow City representatives access, during reasonable business hours, to Contractor's and, if applicable, subcontractor's records related to this Agreement for the purposes of inspection or audit of such records. If upon audit of such records, the City determines the Contractor was paid for services not performed, upon receipt of written demand by the City, the Contractor shall remit such payments to the City. 14. SEVERABILITY If a term, provision, covenant, contract or condition of this contract is held to be void, invalid, or unenforceable, the same shall not affect any other portion of this Agreement and the remainder shall be effective as though every term, provision, covenant, contract or condition had not been contained herein. 15. WAIVER OF JURY TRIAL The parties irrevocably, knowingly agree to waive their rights to a trial by jury in any action to enforce the terms or conditions of this Agreement. RFQ #PW- Q2013 -01 City Branding Design & Services Page 58 of 60 16. COUNTERPARTS This Agreement may be signed in one or more counterparts, each of which when executed shall be deemed an original and together shall constitute one and the same instrument. 17. INDEPENDENT CONTRACTOR It is expressly agreed and understood that the Contractor shall be in all respects an independent contractor as to Work, and that Contractor is in no respect an agent, servant or employee of the City . Accordingly, Contractor shall not attain, nor be entitled to, any rights or benefits of the City, nor any rights generally afforded classified or unclassified employees. Contractor further understands that Florida Worker's Compensation benefits available to employees of the City are not available to Contractor, and agrees to provide worker's compensation insurance for any employee or agent of Contractor rendering services to the City under this Agreement. All employees and subcontractors of the Contractor shall be considered to be, at all times, the sole employees or contractors of Contractor, under its sole discretion and not an employee, contractor or agent of the City . 18. ACCIDENT PREVENTION AND REGULATIONS Precautions shall be exercised at all times for the protection of persons and property. The Contractor and subcontractors shall conform to all OSHA, Federal, State, County and City regulations while performing under the terms and conditions of this Agreement. Any fines levied by the above - mentioned authorities, because of inadequacies to comply with these requirements, shall be borne solely by Contractor responsible for same. 19. BACKGROUND CHECKS The Contractor will be responsible for maintaining current background checks on all employees and subcontractor employees involved in the performance of this Work. Background checks must be performed prior to the performance of any Work by the employee under this Agreement. Written verification of any background checks must be provided to the City at the request of the City Manager. 20. LAWS, RULES & REGULATIONS Contractor shall be held responsible for any violation of laws, rules, regulations or ordinances affecting in any way the conduct of all persons engaged in or the materials or methods used by him, on the Work. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and orders of any public authority bearing on the performance of the Work under this Agreement. Contractor shall secure all permits, fees, licenses, and inspections necessary for the execution of the Work, and upon termination of this Agreement for any reason, Contractor shall transfer such permits, if any, and if allowed by law, to the City . 21. POLICY OF NON - DISCRIMINATION The Contractor shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work and shall not discriminate on the grounds of race, color, religion, sex, age, marital status, national origin, physical or mental disability in the performance of work under this Agreement. 22. NON - WAIVER The approval, and /or acceptance of any part of the Work by the City shall not operate as a waiver by City of any other terms and conditions of the Agreement. 23. NOTICES Whenever any party is required to give or deliver any notice to any other party, or desires to do so, such notices shall be sent via certified mail or hand delivery to: RFQ #PW- Q2013 -01 City Branding Design & Services Page 59 of 60 City : CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, FL 33189 Contractor: Attention: Maria M. Menendez, City Clerk IN WITNESS WHEREOF the parties hereto have executed this agreement on the day and date first above written. Attest: By: By: CITY OF SOUTH MIAMI Maria M. Menendez, City Clerk City Attorney Signed, sealed and witnessed in the presence of: MtEL1 SNtar1E� By: Steven Alexander— City Manager City Resolution # CONTRACTOR: The Weinbach Group, Inc. N In the event that the Contractor is a corporation, there shall be attached to each counterpart a certified copy of a resolution of the board of the corporation, authorizing the officer who signs the contract to do so in its behalf. END OF DOCUMENT RFQ #PW- Q2013 -01 City Branding Design & Services Page 60 of 60 3.1: SCOPE OF SERVICES Our Approach To Brandin At The Weinbach Group, we consider branding — or positioning, as we often call it — a vital step in effectively communicating about client organizations and achieving their organizational goals. For the City of South Miami, our branding strategy will include: • Defining the City of South Miami's "personality" and how it wishes to be perceived by its various audiences, including: o Residents • Commercial entities operating in South Miami • Commercial entities contemplating relocation or expansion to South Miami • Residents of nearby municipalities and unincorporated Miami -Dade County • City of South Miami employees and elected officials • Defining how to express these characteristics — graphically and in writing • Defining standards and guidelines to ensure consistency in the expression of South Miami's brand across all of its communications platforms Deliverables The Weinbach Group will provide the following: Phase I — Branding Strate x • Approved branding statement (a.k.a. positioning statement) that serves as a touchstone or yardstick against which all future communications are measured and evaluated to ensure consistency and congruency with the brand. • Approved graphic interpretation of the branding statement in the form of a logo or corporate mark. This may include icons combined with typography or type alone and will also include recommended colors that reinforce the brand. • In some cases, we develop a tagline or descriptor that distills the brand statement into a short, pithy statement. In the case of the City of South Miami, we will evaluate the current tagline, "The City of Pleasant Living" to ensure it is relevant and is a useful expression of the brand. • Original designs for: I_e� o Letterhead • Business cards • #10 envelopes • Window envelopes • Mailing labels • Email signatures • Fax cover sheets • Memoranda • PowerPoint presentations Phase II - Introduction To The Brand- T o ra h , Photo ra h Pattern Illustration Usage; Stationery; Webs le Design, Si na , We will develop a comprehensive brand standards manual which will provide specific style and usage guidelines for the City's new logo. The Weinbach Group, working in collaboration with the City Manager and other key staff, will develop the structure and content for the manual — including all copywriting and layouts. The finished manual will include the following sections: • An introduction explaining the purpose and importance of brand standards, including the benefits of following consistent usage guidelines as well as the risks associated with failure to do so. • Logo usage: • Guidelines for logo use in full color, black and white, and reverse applications • Guidelines for use of the City's tagline when adjacent to the logo • Required space clearance for the logo (or clear space around the logo) • Examples of improper use • A primary and secondary color palette for use in all communication materials. The color palette will be defined for print (I'MS & CMYK) and electronic (RGB) applications. • Guidelines of using the City of South Miami name in written form — first and secondary mentions, as well as style guidelines for such elements as credentials, website addresses, telephone numbers, commas in a series, and abbreviations. • Selection of primary and secondary typography and guidelines for usage. Depending upon the selected font, The Weinbach Group may also identify eo alternative fonts for word processing applications if the selected font(s) are not readily available to City employees. • Guidelines for use of the logo in printed and electronic applications (such as a website) as well as other applications, including signage Work Plan At The Weinbach Group we recognize that clients are more than organizations. They are comprised of people. So, in the day -to -day course of our work, we meet the needs of the people within our clients' organizations. That means we pay special attention to turnaround time, respecting clients' budgets, achieving goals, measuring results, and recognizing their internal circumstances. And above all else we provide flexibility. In practice, and for the purposes of this proposal, we will endeavor to meet the City's goals as follows: • At the outset of our engagement with the City of South Miami, we will develop a project schedule that will identify key dates for each major project step, as well as dates for periodic meetings to review creative work and gather feedback about our performance. • We will facilitate a discovery session with the City Manager and key staff (and possibly with elected officials) to identify the traits the City wishes to convey through its brand. • We will develop and submit creative work to meet the deadlines identified within the agreed -upon schedule. • We will work with the City Manager and /or key staff to gather feedback and implement client - directed changes — always mindful of turnaround time and scheduled deadlines. • We will submit time allocation reports to identify the total volume of time spent by our staff on the City of South Miami branding program and the specific elements of the program. Team Members Our dedicated team for the City of South Miami brand development and brand guidelines project will consist of the following fulltime, Weinbach Group employees: The Manager of Client Services who serves as the account director and day - to -day liaison between the City of South Miami and The Weinbach Group. He or she is responsible for marshaling agency resources on the client's behalf; directing the development of creative work to accurately reflect clients' tastes and needs, and ensuring that project schedules and budgets are respected. • The Senior Art Director & Studio Manager who provides artistic guidance for the development of artwork produced by The Weinbach Group and ensures that all artwork meets agency standards for quality and consistency. • The Graphic Designer who will provide the hands -on graphic design services and original artwork development, as well as implementation of client - directed :modifications to artwork. • The Communications Specialist who will draft original copy for the written requirements of the account, such as the guidelines within the brand standards manual. • The Agency Principal who will participate in the initial discovery session and supervise the overall project progression. In addition, the Agency Principal serves as "creative director" for all agency output. He is available whenever necessary to address client concerns. 3.2: PROPOSER QUALIFICATIONS The Weinbach Group was founded in 1987 under the leadership of industry veteran N. Phillip Weinbach (Phil). In 1994, Daniel Weinbach joined the firm, bringing a background in organizational communications, the visual arts, and a Master's degree in film producing from the University of Southern California. With Daniel's contribution to the company, The Weinbach Group began to expand its range of services — truly defining itself as a full- service agency. In 1998 the agency relocated to the City of South Miami, and the following year created an in- house graphic design studio to further enhance its capabilities to meet clients' comprehensive communications needs. Over the course of our 25 -year operating history in South Florida, The Weinbach Group has served a number of public, government, and not - for - profit entities including: • Jackson Health System / Public Health Trust • The Town of Cutler Bay • The Department of Veterans Affairs • City of Doral • The Village of Pinecrest • P.A.C.E. — Performing Arts for Community and Education • Children's Home Society • Miami -Dade County Department of Health (Hepatitis C Education) In addition, The Weinbach Group has earned a reputation for applying a principled approach to the delivery of marketing communications services. We do so because it's in our nature, and we do so because it's good business. In fact, we believe "integrity" is one of the most important factors that has led to an average client tenure of nearly a decade! We extend this philosophy to our professional staff by carefully selecting like - minded recruits. Collectively, we have 155 years of experience and talents that produce sound, smart, thoughtful and most importantly effective work, all under one roof. It's this team — not to mention our location in the City of South Miami — that uniquely positions us to address South Miami's requested services Today, The Weinbach Group continues to evolve and grow, employing integrated marketing solutions to its varied roster of South Florida, national, and international clients. Relevant Clients Why is The Weinbach Group uniquely positioned to serve the brand strategy needs of the City of South Miami? Not only has our office been located in South Miami for more than a decade and a half, giving us valuable perspective, but we are highly experienced assisting clients with brand development and positioning. We have worked with the following organizations specifically assisting with their brand standards (samples attached on subsequent pages): • Jackson Health System / Public Health Trust • University of Miami Health System • Children's Bereavement Center • ToplineMD • Village of Pinecrest • Titan Emergency Group • Cassel Salpeter & Partners • Westshore Capital Partners • The Succession Group • Lapin & Leichtling • Physicians Dialysis Team • Daniel Weinbcach, Chief Operating Officer Daniel joined The Weinbach Group in 1994, and his intensive approach to client service has resulted in successful, long -term client relationships. He brings discipline and organization to his clients' marketing programs in terms of continuity of message, focus on goals, and respect for clients' budgets. He is a frequent contributor to marketing, healthcare, and entrepreneurial journals. He is a member of the Society for Healthcare Strategy and Market Development, the Association for Corporate Growth, and he serves on the Board of the Temple Beth Am Religious School. Prior to joining The Weinbach Group, he worked at Neufeld /Rehme Productions, a division of Paramount Pictures, as well as at Chestnut Hill Productions and Metro Goldwyn Mayer (MGM). He earned his master's degree from the University of Southern California film school and his bachelor's degree from the University of Michigan. • Perla Terzian,_Manager of Ment Services Perla is a Manager of Client Services at The Weinbach Group. As a lead team member, Ms. Terzian marshals agency resources on behalf of clients and contributes to her clients' marketing communications programs and strategies. Prior to joining The Weinbach Group, Perla was account supervisor at Barrow & Beber Silverstein, where she developed high -end marketing campaigns for national clients with special emphasis on the real estate industry. She also worked as an account executive for Bernard Hodes Group. A native of Miami, Ms. Terzian earned her Bachelor of Science in Communications from Florida International University, where she minored in Marketing. Alex Madeia, Manager of Client Services Alex serves as a Manager of Client Services, handling the day -to -day relationship between clients and The Weinbach Group. He is responsible for identifying the client's strategic goals and coordinating the agency's internal team to execute tactics to meet those objectives. Alex's diverse background includes communications work in higher education, arts, real estate, publishing, automotive, and recently, community organizing. He earned a BA, English from SUNY Fredonia (2000) and an MBA from Argosy University (2010). • Meieli Sawyer, Corm- nunications 5 ecialisf Meieli is responsible for copywriting for The Weinbach Group's clients. She handles a range of marketing communications activities including researching and monitoring clients' businesses, competitors, and industries to identify and target opportunities for news media coverage. In addition, she writes press releases, publicity pitches, and copy for advertising, newsletters, brochures and other promotional client communications. A native of Vermont, Ms. Sawyer earned her Bachelor of Science degree from Syracuse University. She also studied at London College of Fashion and Mackenzie Presbyterian University in Sao Paulo, Brazil. • Jovan Villalba, Senior Art Director & Studio Manacle Jovan Villalba supervises and manages The Weinbach Group's art department to ensure the timely delivery and exemplary design of all of our graphic materials. Prior to joining The Weinbach Group, Jovan held the position of Art Director at the Eliran Murphy Group of New York City, handling accounts for high - profile clients such as the American Museum of Natural History, The Chamber Music Society at Lincoln Center, and The Apollo Theater. A Miami native, Jovan attended the New World School of the Arts in Miami and was honored with a full- tuition scholarship to attend the Cooper Union in New York City where he earned his BFA. He is a professional artist who has exhibited his art at many renowned venues, such as the Queens Museum of Art, the New York Design Center, and the Berlinerkunst Project of Berlin, Germany. Jovan's solo exhibition is currently on view at Tache Gallery in New York City. • Peter Bacallao Art Director Peter's work draws on over a decade of prior graphic design experience including positions at Aquus Interactive, Indvio �O_Jl Marketing and Advertising and CP +B. In addition, Peter has handled a number of high - profile freelance projects for companies including B1ackBerry Latin America, Oleomed, UM Life Science and Technology Park, Resorts World Group, PharMed, Latitude Miami, Ivax and Trump International. A Miami native, he graduated from the Art Institute of Ft. Lauderdale, where he earned a bachelor's degree and currently remains active as a member of its alumni organization, where he serves on the Presidential Board. He is also a member of the American Institute of Graphic Arts, The Type Directors Club, and The One Show committee. • Delfos Alma ro Art Director Delfos previously worked at Brenalt Design Agency, where he coordinated and designed large - format artwork including posters, banners, and signs. He also designed signage for two Miami companies after emigrating from Havana, Cuba in 2000. In Cuba, Delfos worked as a designer in the communications arts industry and for the fashion industry, where he was honored in 1999 for his innovative pre & -a- porter (ready -to -wear) fashions. He earned his bachelor's degree in communication art from the Technical Institute of Industrial Design and the Higher Institute of Industrial design in Havana. Services The Weinbach Group's range of activities includes: • Marketing goal identification • Positioning and branding • Graphic design and commercial art • Key message development • Production management • Advertising concept and creation • Copywriting • Collateral materials development • Media planning, buying and placement • Public relations and publicity generation • Social media management Search engine optimization It's our team — not to mention our location — that uniquely positions us to address the City of South Miami's requested services, including branding strategy, visual guidelines, logos, and future style recommendations. Rates The Weinbach Group charges clients a blended rate of $175 per hour which covers all professional and account - related services, with the exception of graphic design and web programming. For these services we charge $125 per hour. The majority of the work detailed in this proposal will fall under this rate category. e� on PUBLIC ❑ HEALTH TRUST HEALTH SYSTEM Miracles mace c?ai4. Jacnkson gee What You � an Gain vVhen You Lose c_ a LJHealth UNIVERSITY OF MIAMI HEALTH SYSTEM IL j1i 7,y� 1: v �l M7n nM U.tiul 1 L�A711TW1. UNIVERSITYOF MLWI DEPARTMENT OF Pinecrest People Mover Connecting People in Pinecrest jam !'I • ■' All ABOARD,.. Introducing the Pinecrest People Mover Connecting Palmetto Middle School and Palmetto Senior High School with surrounding neighborhoods Titan EMERGENCY GROUP Command Performance �� Titan jam " Onow 1111 NarN SCa81n211Cl8 - JWAN WA Fla,ee 72218 P6: BW (Al 8628 • Fu: 88/8f AQ • W bbuMMbRiPoI -14 Titan 4711 Ns616Yl�gy 6i/ lYtfMW14 iplli 3II1B i� Titan �snow n.. Kh►m r. s�zm TOO Wes 6e.. P6: SW 641 5526 • F- M W? 1243 Jsbwlhnh FL R219 —dwl n- /)nc Alh.imMa Playa C."Cwd w w l Glhles, Florida 441 0070 . , 111 n544),IInIYI SUCCESSION Or Alhamhra P,,» d Cue 1411, rd, Galde.. Fkr1,1 111 14 1 t SUCCESSION Wisdom in Wealth Transfer SUCCESSION (one Alhamhra Pl- Suite 1410 Cural Gahles, Florida 37174 105 447 0070 .. 305 447 0080 -J'. phollanderrtsuccession -group com www yucca—In-group com F rc , A1• rmNnndr•i 1 SUCCESSION Cassel Salpeter& Co. INVESTMENT BANKING 21 Cassel Salpeter & Co. INVESTMENT BANKING Cassel Salpeter & Co. SCOTT E. SALPETEK INVESTMENT NANKING Cassel Salpeter &Co. r 801 Brickell Avenue, Suits 650 Miami, Florida 33131 P: 305. 438.7702 • F: 305. 438.0000 W W W.CASSEL9A 11MCOM L1 CHILDREN BEREAVEMENT C E N T E R CHILDREN'S BEREAVEMENT_ C E w T C R 7bming Lives Around After loss (CB )-IILDRFNS LREAVEMCNT 7600 S. Red Road, Suite 307 South Miami, FL 33143 Turning Lives Around Aker Loss 7600 S Red Road Suite 307 • South Miami, FL 33143 • 305- 668 -4902 • Fax: 305 - 669 -9110 • www.childbereavement org CHILDREN S UIRFAVEXIENT Mindy Cassel, Ph.D., C.T. EXECUTIVE DIRECrOR AND CO-FOUNDER 7600 S. Red Road Suite 307 South Mlaml, FL 33143 305- 668 -4902 Fax: 305.669.9110 mecassei@childbereavement.org L A P I N & L E I C H T L I N G L A P I N & L E I C H T L I N G L L LAPIN & LE IC FI T L I N 255 Alhamb,. C :,Cll Sr , 6G0 Cora Gahles Flnri3a 33134 jrosenni3LL- lawfirm.com L 255 Alhambra Circle Suite 600 Coral Gables, Florida 33134 LAPIN & LEICHTLING Ph: 305.569 4100 Direct: 305.569,4103 Fax: 305.569 0000 I r' I 255 Alhambra Circle Suite 800 Coral Gable:, Florida 33134 Ph: 305 569 4100 Fax: 305 569 0000 PHYSICIANS r DIALYSIS FIYSIC IAN ti IV DIALYSIS U DIALYSIS 19559 N C. V Avenue North Aliami Beath, Pl 391;7 Li��''''�� I'IIYtiI (TA N ti DIALYSIS Allan 1. Jacob, M.U. President ajnco6C plp'sic iunsdinllsis oom r Avenue , North Miami Beach, CL 33179 •(305) 651-3261 , rix: (305) 651 -2961 - www.phy1iciansdial3sis cum i Reach, PI 33179 • 1'.- (305) 651-7961 T Di 1" w �. �rrr VMD 1A DiUisron Of Femwe!! .... O�.�.IIICMn Francisco J. Leon Tnnl: I � " IIf "° „II rhlcf Opc raliitK 0l ficur 3225 Avialian A4enue I Suilu ^00 1 Miami Florida 33133 — .. r- WESTSHORE CAPIIAI PARTNERS WESTSHORE Rivergete To—,, Suite 2610 400 North Ashley Drive I Ternpa, FL 33602 WESTSHORE CAPITAL PARTNERS Davtlr 11 Rur!d r P wi%i,i DHROWesyehoreCaphelPartners.com WESTSHORE I.. I I . 11 '1 I David J Mali2ia I Managing Partner DJM®Westsho Cajea,f aHears.cam I ivergale Tower, guile 2510 1 400 North Ashley Dine I Tampa, FL 338112 I Ph 813- 223.3600 I Fax 513- 223 -3099 1 www WestshoreCaphalPannem com I Rivergate Tower, Suite 2610 1 400 North Ashley Drive I Tampa, FL 33602 1 Ph: 813- 223.3900 I Fax : 913- 223.3999 I www.Wesrchore CapitelPartners.com HW6DEC 0211 Citizens Property Insurance Corporation CITIZENS Citizens Service Center 6676 Corporate Center Parkway r.Offlifr3Ksuer CEWAPW" Jacksonville, FL 32216-0973 Homeowners HW-6 Condo Unit - Owners Wind Only Policy - Endorsement Effective 03110/2013 Policy Number: FRJW4232474 -05 -0001 Policy Period: From 03/10/13 To 03/10/14 12:01 A.M. Eastern Standard Time at the location of the Residence Premises Named Insured and Mailing Address: ILocatlon of Residence Premises: Agent: Phone (305) 233 -6101 THE WEINBACH GROUP 7301 SW 57TH CT BERNIE CARR INSURANCE AGENCY, INC.. 7301 SW 57th Ct Ste 550 STE 550 Bernard Carr Miami, FL 33143 -5334 MIAMI, FL 33143 12600 SW 120th St #108 Miami, FL 33186 FL License: A041360 Citizens ID: 003474 Coverage is only provided where a premium and a limit of lia;!Ry is shown. OTHER WINDSTORM OR HAIL DEDUCTIBLE: $500 HURRICANE DEDUCTIBLE: $4,000 (2%) LIMIT OF LIABILITY ANNUAL PREMIUM PROPERTY COVERAGES $1,211 A - Dwelling $1,000 C - Personal Property $200,000 D - Loss of Use $40,000 OTHER COVERAGES Personal Property Replacement Cost ante or Law Limit (25% of Cov. A) PREMIUM ADJUSTMENT DUE TO ALLOWABLE RATE CHANGE MANDATORY ADDITIONAL CHARGES Tax Exempt Surcharge Catastrophe Financing Surcharge 2005 Citizens Property Insurance Corporation Emergency Assessment 2005 Florida Hurricane Catastrophe Fund (FHCF) Emergency Assessment INCLUDED (see policy) TOTAL POLICY PREMIUM INCLUDING ASSESSMENTS AND ALL SURCHARGES Insured Note: The portion of your premium for Hurricane Coverage is: $727 Non - Hurricane is: $31 Loan Number. 832909001 FIRST NATIONAL BANK OF SOUTH MIAMI 5750 SUNSET DR MIAMI, FL 33143 -5332 $414 INCLUDED -$867 $13 $114 $8 $10 $903 Policyholder Copy Page 1 of 3 MID: 1216 /AID: 1216 / FID: 0 Processed Date: 03/06/2013 p r., •1 co co m N 8 r 0 Policy Number: FRJW4232474 -05 -0001 Policy Period: From 03/10/13 To 03/10/14EC 0211 PAGE 3 12:01 A.M. Eastern Standard Time at the location of the Residence Premises FLOOD COVERAGE IS NOT PROVIDED IN THIS POLICY. THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES, WHICH MAY RESULT IN HIGH OUT -OF- POCKET EXPENSES TO YOU. LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE THAT YOU MAY WISH TO PURCHASE. YOU MAY ALSO NEED TO CONSIDER THE PURCHASE OF FLOOD INSURANCE FROM THE NATIONAL FLOOD INSURANCE PROGRAM. WITHOUT THIS COVERAGE, YOU N MAY HAVE UNCOVERED LOSSES. PLEASE DISCUSS THESE COVERAGES WITH YOUR INSURANCE AGENT. LO TO REPORT A CLAIM CALL (866) 411 -2742. INFORMATION ABOUT YOUR POLICY MAY BE MADE AVAILABLE TO INSURANCE COMPANIES AND /OR AGENTS TO ASSIST THEM IN FINDING OTHER AVAILABLE INSURANCE MARKETS. _EA QE CONTACT YOUR AGENT IF THERE ARE ANY QUESTIONS PERTAINING TO YOUR POLICY. IF YOU ARE UNABLE TO CONTACT YOUR AGENT, YOU MAY REACH CITIZENS AT (888) 685.1555. licyholder Copy Page 3 of 3 MID: 1216 /AID: 1216 / FID: 0 Processed Date: 03/06/2013 7401 Cypress Gardens Blvd. Winter Haven, FL 33888 -0007 M U -19- 2705 -F600 U 3 000001 0001 WYNBROOK PROPERTIES LLC AND WEINBACH GROUP INC 7301 SW 57TH CT STE 550 LIN, SOUTH MIAMI FL 33143 -5334 2 OP 0 ;o Location: 7301 SW 57TH CT STE 550 SOUTH MIAMI FL 33143 -5334 Mortgagee: FIRST NATIONAL BANK OF SOUTH MIAMI ITS SUCCESSORS AND/OR ASSIGNS Loan No: 832909001 Forms, Options, and Endorsements " $2,145.18 icial Form 3 FP -6153 p Dishonesty $10,000 OPT ED Valuable Paper $20,000 OPT VP Amendatory Endorsement FE- 6210.3 Business Policy Endorsement FE -6464 Tree Debris Removal FE -6451 Glass Deductible Deletion FE- 6538.1 Fungus (Including Mold) Excl FE -6566 Subcontractor P Exclusion Amendatory Collapse FE -6598 FE -6839 Policy Endorsement - Business FE -6610 Business Unit - Owners FE-6385 Continued on back of page ...... ..�.. r.r vrI ■ I gf 1VP9I G uusiness- Office Policy DEC 08 2012 to DEC 08 2013 DEC 082012 $2,145.18 Coverages and Limits Section I A Buildings $231,700 B Business Personal Property 46, 600 C Loss of Income Actual Loss D Loss Assessments 1,000 Deductibles - Section I Basic 1,000 Other deductibles may apply - refer to policy Section If L Business Liability $1,000,000 M Medical Payments 5,000 Gen Aggregate (Other than PCO) 2, 000 000 Prducts - Completed Operations 2, 000, 000 (PCO Aggregate) Annual Premium Forms, Opts, & Endrsmnt Bus Liability - Cov L FL EMPA ASSESSMENT FL TRUST FUND FHCF ASSESSMENT 2005 CITIZENS -EM Amount Due Premium Reductions Yrs in Business Discount Enclosed Building Sprinkler Discount Inflation Coverage Index: 230.4 + For the full name of each assessment entity and the dollar amount, please see the Florida Assessment Page. NOTICE: Information concerning changes in your policy language is included. Please call your agent if you have any questions. $722.00 1,328.00 41.00 4.00 2.09 27.18 20.91 $2,145.18 l /WV6, - �&i*uSS ue c... Moving? See your State Farm agent. 000a 1018 i Agent BERNIE CARR INSURANCE AGCY IN See reverse for important information. K2, R6 , ".r. rtmn ___ - Prepared oiui; rd[m r- iurlua ifisufoffuu uumpuiiy UUM 7u 1\-r ✓v v ..r S53 -3299 FL Important information regarding your policy premium Your policy premium may include one or more of the following assessments: 4 Citizens Property Insurance Corporation Understate law, Citizens Property Insurance Corporation (Citizens) may assess all property insurance companies to cover any deiici t resulting from losses, including hurricane losses. Insurance companies are permitted to recoup this assessment from their policyholders. 'These assessments may be imposed for more than one deficit year, and may be in the form of a "regular" assessment or an "emergency" assessment. Ifyour premium includes a Citizens assessment, your renewal notice will 'indicate the applicable assessment (for example, 2005 CITIZENS-RE, G, 2005 CITIZEN, S -EIVI, etc.) and the assessment amount. The Florida Insurance Guaranty Ass cia_ _ tion The Florida Insurance Guaranty Association (FIGA) was created by the Florida legislature to administer the claims of insolvent piope.r'cN- and casualty insurance companies. Under state law, the FIGA may secure funds to pay covered claims and expenses by assessing property arld casualty, insurers. Insurance companies are permitted to recoup this assessment from their policyholders. These assessments may be unposed for more than one deficit year, and may be in the form of a "regular" assessment or an emergency' assessment. If your premium includes any FIGA assessments, your renewal notice will indicate the applicable assessment (for example, 2009 Fl. GUARANTY -REG, 200; FT, GU kRANTY -F,M, etc.) and the assessment amount. Florida Hurricane Catastrophe Fund The Florida Hurricane Catastrophe Fund (FHCF) was created in 1993 during a special legislative session after Hurricane Andrew. 'I lie fund protects the states interest in maintaining insurance capacih- in Florida by providing reimbursements to insurers for a portion of their catastrophic hurricane losses. The assessments small continue until the Office of Insurance Regulation is directed by the 'Board to issue an Order superseding or terminating the Order levying the assessment. Ifyour premium includes this aSSessnlerlt, your renewal notice will indicate the applicable assessment (FHCF ASSFSSN•IFNT) and the assessment amount. F €orida Emergency Management Prepa redness .and ,Assistance Florida statute established the Emergency Management, Preparedness and Assistance (ENIPA)Trust Fund, which is funded by an annual surcharge of $2.00 on residences of every home - owner, mobile homeowner, Tenant homeowner, and condominium unit owner, and a $9.00 surcharge on commercial fire, commercial multiple peril, and business owner property insurance policies. Money in the fund may not be used to supplant existing funding. The rules for the allocation of funds are: 60% to implement and administer .state and local emergency management programs (training, specified percentages of which go to counties and local agencies), 20% for state relief assistance for nun - federally declared disasters, and 20% for grants and loans to state or regional agencies, local governments, and private organizations to implement projects that will further state and local emergency management objectives. If your premium includes this assessment, vour renewal notice will indicate the applicable assessment (FI. EMPA ASSESSMENT) and the assessment amount. Florida Trust Fund •I he fu lids received from the Insurance Regulatory-Trust Fund shall be used by the staff of the Florida State Fire College to provide all necessary services, training, equipment, and supplies to carry out the college's responsibilities, including, but not limited to, the Stale Fire Marshal Scholarship Grant Program and the procurement of training Films, videotapes, audiovisual equipnleiit, and other useful information on tire, firefighting, and fire prevention, including public fire service iniormation packages. If your premium includes this assessment, your renewal notice will indicate the applicable assessment (FI, TRUST FUND) and the assessment amount. R, you have any questions regarding the information in this notice, please contact your State Farm" agent. 553 -3299 FL (C) rOnLl n00 G4 n4 ..v fOrlC\ 794 GQ1)J �, 7401 cypress Gardens Blvd Winter Haven, FL 33888 -0001 A Stock Company with Home Offices in Winter Haven, Florida 2705 -F600 WYNBROOK PROPERTIES LLC AND WEINBACH GROUP INC 7301 SW 57TH CT STE 550 SOUTH MIAMI FL 33143 -5334 Forms, Options, and Endorsements Sinkhole Cat Grnd Cvr Coll Cov FE -6668 Building Coverage For Tenants FE -6859 Mandatory Reporting End FE -5801 Section II Additional Insured FE -6609 nG;1Vr -VV ►L trtK i iNGATE SUPPLEMENTAL PAGE PQLfCY NUMBER 98- R4- 9616 -3 Business -Office Policy DEC 08 2012 to DEC 08 2013 CONTINUED Please keep this part for your record. `P Agent BERNIE CARR INSURANCE AGCY INC Telephone 305 - 233 -6101 Prepared Oct 18 2012 A� °� CERTIFICATE OF LIABILITY INSURANCE 0510612x° 3Y' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poboy(W must be endomod. H SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, Certain policies may require an endoreemenL A statement on this certificate dose not confer rights to the certificate holder In lieu of such endarsemenl[*) PRODUCER Bernie Carr Insurance Agency 12600 SW 120th Street Suite 108 PH0 State&- Miami, FI 33186 - - -- 111811 _RERL)AFFORDIN[iCOV9t1iGE_ rMSURBIt A_State Faun Fire and Casualty gompa rlY js INSURED THE WEINBACH GROUP, INC 7301 SW 57TH CT STE 550 INSU SOUTH MIAMI FL 33143 -5334 INSURER 0- orsuReRe_ _.. •- - i COVERAr.F4 rROTICIr`ATM Wr lexar- 7• - THIS IS TO CERTIFY THAT THE POLICIES OF iNSURANGE LISTED BELOW I1AVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. __19 TYPE OF INSURANCE .... _... POLICY NUMBER M 1�ldGY F]IF -.�._ .._ VAS .�"... WSR; GENERAL LIAaLISY EACH OCCURRENCE _ COMM,; RCIAL GENERAL LtASILTY '� ��ATi .- PRFM RES (E0 ogZi s CLAIMS -MADE OCCUR ` - M£O EXP [A rk ane - -- ..- - ..�._- _PERSONALd Aq INJURY 3 I QEMERAL AGGREGATE f GEN'L AG[;RECrATE LIMIT APPLIES PER: FcsL +cY ' nRa- 1 PROWLTS - COhiPIOP ACC S —.... - LOC S AUTOMO9ILELIABILITY - LIMIT ANY AUTO .. - -- BO ILY INJURY _S BODILY INJURY (Per person) S ALL OWNED , SCHEDULED __: AUTOS . ; AUTOS - -- BODILY INJURY (Per not CBI) 5 NONI MIED HIRED AUTOS AUTOS I �ROP AIAGE PW OGfaOe f S UMBRELLA 1 OCCUR " EACH OCCURRENCE S S EXCESS LIAR C� IAIMS -MADE AGGREGATE DEO - A WORKERSCOMPENSAT10N AND EMPLOYERS' LIABILITY YIN 98- SK4L852 -5 0*7912013 STATU, OTH. . 09129/2013 X T- Ry -Lum- EB. A y PROPRIETORIPARTNER/EXECUTIVE OFFICEIMEMBER EXCLUDED? ❑ NIA E. L. EACH A Cf1 C,IE7VT $ 100,00U iA1A[MRrary In NR) if yee, eee,tfap �I[MIAC E.L. DI5UA017 - EA EMPLOYEE $ 100,000 _ . -__ . -_ ..... _... _ 0 I E.L DISEASE - POLICY I IMrT S 500,D00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES puta %ACORD 101, AddrUorall Remarks Schelde, If more apwo Id mgLamd) 1 Iw" SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE / r-I 7 -2 A' ❑ItI] Cr]liRC1R8TlAIJ 61I rinhFa �nceruari ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 1001486 132849.8 01 -23 -2013 I FE- 6999.1 Page 1 of 1 In accordance with the Terrorism Risk Insurance Reauthorization Act of 2007, this disclosure is part of your policy. POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE Coverage for acts of terrorism is not excluded from your current policy. However your policy does contain other exclusions which may be ap- plicable, such as an exclusion for nuclear hazard. You are hereby notified that under the Terrorism Risk Insurance Act, as amended in 2007, the definition of act of terrorism has changed. As de- fined in Section 102(1) of the Act: The term "act of terrorism" means any act that is certified by the Secretary of the Treasury—in concurrence with the Secretary of State, and the Attorney General of the United States ---to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Un- der this policy, any covered losses resulting from certified acts of terrorism may be partially reim- bursed by the United States Government under a formula established by the Terrorism Risk Insur- ance Act, as amended. Under the formula, the FE- 6999.1 United States Government generally reimburses 85% of covered terrorism losses exceeding the statutorily established deductible paid by the in- surance company providing the coverage. The Terrorism Risk Insurance Act, as amended, con- tains a $100 billion cap that limits U.S. Govern- ment reimbursement as well as insurers' liability for losses resulting from certified acts of terrorism when the amount of such losses exceeds $100 billion in any one calendar year. If the aggregate insured losses for all insurers exceed $100 billion, your coverage may be reduced. There is no separate premium charged to cover insured losses caused by terrorism. Your insur- ance policy establishes the coverage that exists for insured losses. This notice does not expand coverage beyond that described in your policy. THIS IS YOUR NOTIFICATION THAT UNDER THE TERRORISM RISK INSURANCE ACT, AS AMENDED, ANY LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM UNDER YOUR POLICY MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT AND MAY BE SUBJECT TO A $100 BILLION CAP THAT MAY REDUCE YOUR COVERAGE.