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WILESMITH Response to the rfq #pw-q2013-01response to the request for qualifications rfq #pw-q2013-01 city branding design & services city of south miami may 7, 2013 different is better. better is different. 1 Table Of COnTenTs TransmiTTal leTTer .................................................................................................................................................................................................................................5 3.1 sCOpe Of serviCes .............................................................................................................................................................................................................................9 3.2 prOpOser qualifiCaTiOns ......................................................................................................................................................................................................11 proposer qualifications ................................................................................................................................................................................................................12 qualifications - City provided forms ...................................................................................................................................................................................11 awards ...................................................................................................................................................................................................................................................15 not-for-profit Clients ...................................................................................................................................................................................................................16 Hourly rates .......................................................................................................................................................................................................................................17 Deliverables and fees ....................................................................................................................................................................................................................18 Timeline .................................................................................................................................................................................................................................................19 Key project personnel/areas of expertise .........................................................................................................................................................................20 resumes ................................................................................................................................................................................................................................................21 Case Histories - samples of prior similar Work ............................................................................................................................................................28 3.3 prOpOsal paCKage .........................................................................................................................................................................................................................95 3.4 aCKnOWleDgmenT Of agreemenT Terms ............................................................................................................................................................97 2 3 Letter of transmittaL 4 5 leTTer Of TransmiTTal ms. maria m. menendez CmC, City Clerk, CiTY Of sOuTH miami, 6130 sunset Drive., south miami, fl 33143 Dear ms. menendez: Thank you for the opportunity to respond to your rfq #pW-q2013-01 for City branding Design & services. it is understood that this proposal is intended to cover item 1.1 of this rfq and will consist of a comprehensive brand standards guide and development of a brand identity. This proposal is made by margaret Wilesmith, president of Wilesmith advertising | Design without collusion with any other entities or agencies pursuant to this proposal and will demonstrate that Wilesmith meets and exceeds the eligibility requirements of the rfq and has the capabilities, experience and resources to execute its requirements to the highest standard. enclosed is one (1) original copy of our response to your rfq and nine (9) copies with removable binding, and one (1) CD. sincerely yours, margaret Wilesmith, president 319 Clematis street, suite 710, West palm beach, florida 33401 203 east 72nd street, suite 3n, new York, new York 10021 O: 561.820.9196 f: 561.835.0413 e-mail: m.wilesmith@wadads.com 6 “i f i had one hour to change the world, i ’d spend the first 50 minutes figuring out the problem.” -albert einstein 7 3.1 scope of services 8 9 apprOaCH TO sCOpe Of WOrK 1) Wilesmith will conduct exploration and discovery meetings with the City leaders and brand committee or project leaders to assess brand attributes, define the brand personality, establish objectives, profile audience segments, and achieve consensus to set the stage for the next step. 2) based on a fully realized brand brief, Wilesmith will establish an informed and inspired creative platform. We develop options for look, tone and feel, i.e., color palettes, textural and contextual inspirations, iconography, typography, photographic and architectural references, and word characterizations to present to the committee. 3) based on preferences and outcomes from step 3, the agency will develop designs that are narrative, evocative and memorable. Our objective is to ensure that the brand identity is visually engaging, ignites imagination, communicates who you are, what you are, and what makes you special. 4) With feedback from the committee, Wilesmith will refine and finalize the selected brand design. 5) Wilesmith will produce a comprehensive report and rationale for the preferred brand design. 6) Wilesmith will provide a comprehensive execution protocol and graphic standards manual to facilitate implementation and ensure brand integrity across all areas of communication and touchpoints. 7) The agency will provide recommendations to the City, commercial clusters, City agencies and other relevant parties for co-branding and synergistic adoption of the brand to enhance their individual brands. 8) Wilesmith will provide appropriate design files to ensure that in all applications you achieve the best possible results. 9) Throughout the process, a senior level account manager will act as the point of contact to communicate openly and freely with the client to ensure the project proceeds in a smooth, timely and disciplined manner. 10 “pleasure in the job puts perfection in the work.” -aristotle 11 3.2 proposer quaLifications 12 prOpOser qualifiCaTiOns COnTaCT persOn: • Margaret Wilesmith, President - phone number: 561.820.9196 - e-mail: m.wilesmith@wadads.com Years in business: • 15 years • in 1998 incorporated as Wilesmith Advertising | Design, a privately held Florida Corporation headquartered in West palm beach, florida, with a satellite office in new York City size Of business: • Employees: 10 minOriTY/WOmen-OWneD business: • A woman-owned, certified SBE • Fed Tax ID : 65-0925828 finanCial CapaCiTY: • D&B Duns# 96-456-4421 • The agency is financially stable, without bankruptcies, litigation or liens. RFQ #PW-Q2013-01 City Branding Design & Services Page 30 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. Note: Additional sheets may be attached if necessary. Contact person: Margaret Wilesmith; Phone # 561.820.9196 Wilesmith Advertising is a boutique branding and strategic communications firm focused on brand development and design, and integrated marketing communications for non-profit organizations. The Agency demonstrated capabilities in all elements of the brand and marketing process. Wilesmith distinguishes itself by thought leadership: a level of strategic and creative thinking that consistently delivers qualitative and quantitative results for clients. Our dedicated client team, our commitment to excellence, and our intensity and passion for the work set Wilesmith apart and will bring value and results to the City of South Miami. We have been recognized by the Advertising Federation for “raising the bar” for creative thinking, design and advertising in South Florida, and selected by the internationally renowned Design Center of the Americas as “Graphic Design Firm of the Year.” Wilesmith Advertising | Design has won over 350 awards locally, regionally and nationally. The qualities that make us distinctive are expressed in our brand promise: “It’s the thinking that makes us different.” And what makes us different makes us better.(Continued on pages #13-16) RFQ #PW-Q2013-01 City Branding Design & Services Page 31 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: Address: Principals: Titles: 2. a. Are you licensed, as may be required, in the designated area(s) of Miami-Dade County, Florida? Yes No b. List Principals Licensed: Name(s): Title: Remarks: 3. How long has your company been in business and so licensed? 4. If Proposer is an individual or a partnership, answer the following: a. Date of organization: Wilesmith Advertising | Design 319 Clematis Street, Suite 710, West Palm Beach, Florida 33401 Margaret Wilesmith President, Treasurer, Secretary 15 years N/A N/A X RFQ #PW-Q2013-01 City Branding Design & Services Page 32 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: 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. 6. How many years has your organization been in business under its present business name? a. Under what other former names has your organization operated? 7. a. Has your company ever failed to complete a bonded obligation or to complete a Contract? Yes No 15 years N/A N/A N/A X RFQ #PW-Q2013-01 City Branding Design & Services Page 33 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: 8. a. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). b. State the name of the individual(s) and titles that will have personal supervision of the work: 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______________________ _______________________ ________________________ Title_______________________ _______________________ ________________________ Phone #: ___________________ _______________________ ________________________ Email: ___________________ _______________________ ________________________ N/A m.wilesmith@wadads.com 561 820-9196 Margaret Wilesmith President/CEo Please see pages # 20-26 for team resumes as they are too lengthy to include here. Margaret Wilesmith: President/Creative Director; Project lead (primary client contact) Scott Eurich: Design and implementation Director (alternate point of contact) RFQ #PW-Q2013-01 City Branding Design & Services Page 34 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: Signature Print Name Company Title If Corporation (Seal) If Individual or Partnership, two Witnesses are required: Witness Witness Respectfully submitted (CORPORATE SEAL) Company - Contractor Margaret Wilesmith President/CEoWilesmith Advertising | Design Wilesmith Advertising | Design 5/07/2013 N/A N/A COR P O R A TION S E A L WILESMITH ADVERTISING|DESIGN Articles of Incorporation Document #P99000049101 F LORIDA 1 9 9 9 RFQ #PW-Q2013-01 City Branding Design & Services Page 35 of 60 CITY OF SOUTH MIAMI CITY BRANDING DESIGN & SERVICES RFQ #PW-Q2013-01 PROPOSER’S QUALIFICATIONS (CONTINUED) ATTEST: _______________________________________ By ___________________________________ (Seal) Secretary President _______________________________________ Witness ______________________________________ Contractor Signature END OF SECTION Margaret Wilesmith COR P O R A TION S E A L WILESMITH ADVERTISING|DESIGN Articles of Incorporation Document #P99000049101 F LORIDA 1 9 9 9 RFQ #PW-Q2013-01 City Branding Design & Services Page 36 of 60 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. Name of Firm, City, County or Agency: Address: Contact: _____________________ Title: ______________________ Telephone :( ) Location: Scope of Work: 2. Name of Firm, City, County or Agency: Address: Contact: _____________________ Title: ______________________ Telephone :( ) Location: Scope of Work: 3. Name of Firm, City, County or Agency: Address: Contact: _____________________ Title: ______________________ Telephone :( ) Location: Scope of Work: 4. Name of Firm, City, County or Agency: Address: Contact: _____________________ Title: ______________________ Telephone :( ) Location: Scope of Work: NOTE: Additional references may be attached and provided. CiTY oF TAvArES, FloriDA John Drury iCMA-CM, City Administrator 201 East Main Street, Tavares, Fl 32778 352 742-6209 Brand Assessment, Brand Promise, Brand Design, Graphic Standards Manual, Wayfinding, Environmental Graphics, Marketing Collateral Design, implementation Document Tavares, Fl CiTY oF DUNEDiN, FloriDA Bill Francisco Brand Committee Member, EDC 727 733-6970 Community Brand Assessment, research, Competitive Set Analysis, Findings and Methodology report, Brand Platform, Position, Byline, Tagline; Collateral and Ad Campaign Creation: Marketing Plan; integration into Public realm N/A N/A CiTY oF DANiA BEACH, FloriDA Executive Director, ASlA, AiCP 954 552-5455 Brand Assessment, Brand Promise, Brand Design, Graphic Standards Manual, Wayfinding, Environmental Graphics, Marketing Collateral Design, implementation Plan Jeremy Earle 100. W. Dania Beach Blvd, Dania Beach, Fl 33004 PAlM BEACH CoUNTY CoNvENTioN AND viSiTorS BUrEAU Shirley Talbert vice President of Marketing 1550 Palm Beach lakes Boulevard, West Palm Beach, Fl 33401 Community Brand Assessment, Competitive Marketing Analysis, Competitive Website Analysis, Findings reports, Collateral and District identity Design 561 233-3000 or (561) 762-8857 West Palm Beach, Fl Dania Beach, Fl 13 prOpOser qualifiCaTiOns Wilesmith advertising/Design has a record of success in creating brand identities and implementing brand identity and strategies for destinations and community brands; special districts; major residential, commercial, entertainment and historic centers, and non-profits locally, regionally and nationally. When we approach a project, our goal is perfection. Our intention is to find solutions that will make a difference. Our process is guided by that single-minded intention: to identify your point of difference, articulate your competitive identity, and set a course for communicating your true brand essence. Our process leads us to discover something that may not have been seen before, and our clients love us for it. for cities and destinations, this means creating a unique sense of place – the thoughts, feelings, and impressions people have of you. The challenge is to capture the many diverse components of south miami in a single powerful identity and to differentiate it from the many cities and towns in florida and beyond, all vying for market share. Our business model of accountability is as important as our analytical and creative capabilities. We believe in collaboration, and more importantly, active listening. We also believe there are certain essential qualities and attributes that ensure the success of the projects we accept: vision, imagination, focus, insight, laughter, fun, collaboration and the commitment to consistently delivering outstanding value, and that success is centered on three key elements: 1. leadership - the ability to lead teams, and bring vision and understanding of business strategy to achieve success in highly competitive environment. 2. strategic Thinking - applying critical thinking to communications problems and issues 3. informed imagination - applying critical insights to creative exploration 14 prOpOser qualifiCaTiOns Wilesmith has helped over 50 non-profit clients nationally, regionally and locally build their brands through strategic positioning and communications that ensure relevancy, provide a valuable user experience, and influence development. The agency works in the total brand environment to create, build and retain brand value. We have complete capabilities to utilize all appropriate tools and channels of the integrated marketing toolbox including: • Qualitative/Quantitative Market Research • Brand Assessment • Brand Design and Identity Systems: Logo, byline,Tagline • brand extensions • brand standards manuals • Copywriting • Collateral Design • Creative Development • Desk research • Direct mail • environmental graphics • graphic Design • media planning • media buying • Online/Offline advertising • promotional programs • strategic planning • Website assessment and Design • seO/sem • Wayfinding • THinKing! 15 aWarDs 1997 Local Addys: 14 Golds • 29 Silvers Best of Show - Print • Special Judges Award 1997 District addys: 5 silvers 1997 national Healthcare awards Silver - Newsprint • Merit - Brochure 1997 national mature media: bronze - brochure 1998 Local Addys: 13 Golds • 31 Silvers 1998 District Addys: 1 Gold • 6 Silvers south florida building industry awards 1998: best of show - print Campaign best of show - magazine print best of show - Direct mail international professional services awards 1998: first place - Corporate brochure 1999 Women in Communications awards (aCe) Ritz-Carlton, Palm Beach • Special Publications Ritz-Carlton, Palm Beach • Marketing Summer Packages 1999 Local Addys: 23 Golds • 36 Silvers Best of Show - Print • Special Judges Award (3) 2000 Local Addys: 15 Golds • 20 Silvers Best of Show - Print • Ritz-Carlton, Palm Beach Best of Show - Public Service • Children’s Home Society 2000 District Addys: 2 Golds • 5 Silvers 2001 Local Addys: 13 Golds • 29 Silvers Best of Show - Print • BABOR Cosmetics Best of Show - Billboard • Lowry Park Zoo, Tampa 2001 District Addys: 1 Gold • 2 Silvers 2002 Local Addys: 14 Golds • 26 Silvers Best of Show - Electronic • Jewish Federation One That Got Away • Wellington Mall 2002 american bankers association Gold - Newsprint • Fidelity Federal Bank & Trust 2003 Local Addys: 4 Golds • 9 Silvers 2003 national College marketing Gold - Television • Palm Beach Community College 2004 national Council of marketing and public relations medallion award 2004 american bankers association, Certificate of merit, print 2005 Local Addys: 5 Golds • 14 Silvers Best of Show - Broadcast • Palm Beach Community College nOTe: awards only go through 2005, only because we stopped entering. Why, you ask? We ran out of wall space… 16 nOT-fOr-prOfiT ClienTs american Cancer society american Orchid society american red Cross ascencia, los angeles County, Ca Children’s Home society City of Tavares, florida City of pompano beach, florida City of Dania beach, florida City of Dunedin, florida Town of miami lakes, florida City of West palm beach, florida Commission for Jewish Education Councils on aging: martin & indian river Counties Dreyfoos school for the performing arts florida atlantic university Honors school greensboro symphony Orchestra Homesafe shelter for abused Children Humane society of the palm beaches Jewish Federation of Palm Beach County Jewish Federation of South Palm Beach County Kravis Center for The performing arts lowry park zoo morselife senior services norton museum of art palm beach Community College palm beach Community College foundation palm beach County Cultural Council palm beach mental Health association palm beach pops palm beach zoo palm beach County Convention & visitors bureau peoria County, illinois; senior services Organization of Teratology specialists, san Diego, Ca Public Justice Foundation, Washington, D.C. preservation foundation of palm beach Scripps Research Institute, La Jolla, CA/Palm Beach, FL south florida fair Caron substance abuse rehabilitation Centers, pa. The benjamin school The pine school The school for autism 211 information services south florida science museum 17 HOurlY raTes We have offered project fees on the following page. Our hourly rates are as follows: principal/Creative Director/strategic Communications - $175/hr Design Director - $150/hr strategic planning and marketing - $150/hr research audit, public relations - $150 /hr senior art Director - $150/hr graphic Designers - $125/hr administrative/proofreader - $65/hr 18 Deliverables anD fees a. explOraTiOn anD DisCOverY ................................................................................................................................................$ 3,000 purpose: to gain insight into current brand perceptions and assess the brand environment to include: - Communication, marketing materials and media audit - exploration & Discovery with brand committee - Depth interviews with city leaders - Digital brand network assessment: evaluate City’s online presence, functionality of proprietary sites, cross- sell functionality, access points, related messaging and user behavior b. branD iDenTiTY ......................................................................................................................................................................................$ 13,500 1. brand Concepts/mood board: brand narratives told through key words, typography, photography, iconography, symbols, colors palettes, textures and tones 2. logo and tagline - preliminary tagline category trademark and url search - logo design informed by mood board outcomes - present multiple executions to client - Distill concepts and refine 3. provide final logo as finished art through a dedicated website with downloadable logo files, including pDf standards guide, b&W CmYK and pms logos, grayscale logos for all applications, plus logos for online usage C. branD guiDelines ...................................................................................................................................................................................$3,500 - logo guide: sizes, proper placement, incorrect uses of the logo - Color palettes – specific colors, combinations and usage - font guide – type styles, appropriate use - Company template design – positioning of logo, address on letterhead, business cards - Web guidelines - voice & style guide 19 Timeline 8 WeeKs frOm appOinTmenT • Complete exploration & discovery among brand committee and stakeholders • Analyze and deliver findings, and gain consensus on project direction from all decision makers 4 WeeKs • Develop and deliver a narrative that communicates the “City of South Miami Experience”, unique value attributes and competitive advantages 8 WeeKs • Develop, present to Brand Committee and refine options for logo/byline/tagline 6 WeeKs • Brand Standards Manual • Prepare a report supporting the preferred branding option • Deliver report to all decision makers inclusive of a recap of each step of project TOTAL PROJECT TIMEFRAME: 26 WEEkS 20 kEy PROJECT PERSONNEL/AREAS OF ExPERTISE Team members margaret Wilesmith: president/Creative Director; project lead scott eurich: Design and implementation Director bill vervaeke: research and strategic planning linda rivera: senior art Director Kate Caryk: graphic Designer Celiese Tuason: Jr. Art Director 21 margareT WilesmiTH: presiDenT/CreaTive DireCTOr margaret Wilesmith began her career as a copywriter for sheraton Hotels. in 1986, she joined the saatchi & saatchi Worldwide affiliate in bermuda. as Director of Client services and award-winning group Creative Head. as president/Creative Director of Wilesmith advertising | Design, she has won multiple awards both regionally and nationally, including awards from national Healthcare, national mature media, american Women in Communications, american banking association, national College marketing and the prsa’s prestigious bernays award. she is on the board of the Arts Creation Foundation For Children in Jacmel, Haiti, a founding member of the 2% solution, the movement to end homelessness in palm beach County, fl, and a sCOre volunteer (Counselors to america’s Small Businesses). Margaret is the author of “Not Just for Fortune 500 Companies anymore: The importance of branding for non- profits” published in the pr news guide to best practices in nonprofit Communications. Her “what’s it all about, alfie?” moment prompted her to seek her masters of science in strategic Communications at Columbia university where she recently completed a targeted tourism marketing plan for new York City and a case study on aruba studying the effects of negative events on destination image. she is conducting her thesis on global giving for the Western union foundation which supports the un’s “1,000 Days of action” for universal education for girls. she plans to go into the sunset teaching young communications aspirants what it took her 30 years to learn. (as a guest lecturer in integrated marketing at Cal state, she was called “wicked awesome!”) education: b.a. emmanuel College, boston, ma masters of science, strategic Communications Columbia university in the City of new York (2013) Years in industry: 32 area of expertise: branding and integrated marketing for non-profits 22 sCOTT euriCH: viCe presiDenT/Design DireCTOr a native of new York, scott is a marketing executive and art director with 22 years of experience marketing some of the country’s most recognized brands. scott was a senior partner with a sales promotion agency ranked in the top 15 in the country for five consecutive years. scott’s versatile background includes strong creative as well as production and management responsibilities. With a demonstrated ability for managing a project, from conceptual to creative to technical prepress, scott is also a leader and team builder, with strong strategic as well as change-management skills. scott is a highly motivated and organized professional with a serious commitment to completing the task at hand. His ability, knowledge, experience and commitment to success produce results that make him a valuable asset to Wilesmith. account experience includes: Tropicana pure premium, farley’s fruit snacks, bacardi rum, florida Department of Citrus, Heinz pet food, ivy mackenzie investments, pam Cooking spray, gulden’s mustard, mental Health association, american Orchid society, first bank of the palm beaches, morselife, inc., palm beach Cultural Council, Colony Hotel, palm beach Community College, Ram Real Estate, South Florida Fair, Jet Aviation, Signature Flight support, the law firms of leopold law and Coben palmer russell, american Cancer society, and the Cities of Tavares, pompano beach, Dania beach, West palm beach districts, Downtown West palm beach, among others. 23 linDa rivera: seniOr arT DireCTOr linda is a florida native. she graduated summa Cum laude from florida atlantic university with a bachelor of fine arts in graphic Design. During her senior year, she worked as a graphic designer for the university galleries at fau. she joined Wilesmith in 2004. account experience includes: american red Cross, babOr Cosmetics intl., Cityplace Tower, northpoint/southpoint realty Development, ram Development, The scripps research institute, st. michael’s independent school, virtual bank, lydian bank & Trust, fidelity federal bank & Trust, realty international, morselife inc., first bank of the palm beaches, american Orchid society, West palm beach Downtown Development authority, mariner asset management, brown Harris stevens, medexpress urgent Care, palm beach County Cultural Council, Coben palmer russell, Leopold~kuvin, Palm Beach Concierge, Jet Aviation, Signature Flight support, grand bank & Trust, american Cancer society, The City of Tavares, The City of pompano beach, the Town of miami lakes and the City of Dunedin, fl. 24 bill vervaeKe: aCCOunT DireCTOr; sTraTegiC planning bill was born in the state of Washington. However, until he went to college at florida state university, he never lived in any one place more than three years. after graduating from fsu, where he majored in advertising and public relations, he took a temporary job in miami at eastern airlines. He stayed for 15 years and got out five years before it went into receivership. but, by then, travel was in his blood and he went to new York to head the north american sales team for Hertz Corporation. To round out his airline and car rental experience, he became the s.v.p. of Trusthouse forte Hotels responsible for sales and marketing in the u.s., latin america and Caribbean. mandarin Oriental Hotel group sought him out and persuaded him to go to Hong Kong to be their s.v.p. sales & marketing worldwide. While in Hong Kong he met eric Hilton. later, when eric was overseeing the creation of a new brand “Conrad Hotels and Casinos” he recruited bill to be his s.v.p. sales & marketing worldwide based in los angeles. bill helped build the brand consisting of eight hotels and almost 3,000 rooms as well as three casinos. When Conrad was absorbed into Hilton, bill got into the advertising business. account experience includes: palm beach County Convention and visitors bureau, palace resorts (mexico), visiT flOriDa, el Conquistador (puerto rico), Casino Windsor (Canada), sun Cruz Casinos (florida), Kiawah island golf resort (south Carolina), Kiawah island real estate, Commodore Cruise lines, allegro resorts, Williams Hospitality, Doral golf resort & spa, Club med n.a., Hilton virginia beach, ara macao resort and marina (belize) 25 CELIESE TuASON - JR. ART DIRECTOR Celiese was born in Houston, Texas, but grew up in south florida. she entered the university of florida (uf) as a florida medallion scholar and florida bright futures scholar and left as a graduate with a bachelors of fine arts in graphic Design in 2012. and of course, as a lifelong gator fan. While at uf, she was accepted into the graphic Design upper Division program, which meant being a part of a computer-integrated studio as one of eighteen students. in addition, she has participated in vox graphis, a student organization at uf dedicated to sharing a love for design. she has designed layouts for the asian-american magazine inK, and was associate multimedia director for the volunteers for international student affairs. in the past, Celiese has designed for various clients such as DellDeligero, llC, gainesville Health and fitness Center, and memorial Hospital West. Celiese joined Wilesmith advertising/ Design in 2012. Her academic training, refined designed sensibilities, exquisite sense of type and color, and natural curiosity result in work that is consistently interesting, imaginative, compelling and memorable. 26 KaTe CarYK: grapHiC Designer a native of poland, Kate earned her masters Degree in marketing and management at poland’s lublin Technical university where she also earned an engineering Degree. simultaneously, she graduated from the private information Technology school earning a degree in information Technology. (i know...we were impressed too!) prior to emigrating from poland Kate worked as a software implementation Consultant implementing integrated enterprise resource planning systems. Kate moved to the united states in 2008, and in 2011 graduated from sessions College for professional Design with concentrations in print and Web Design. graduating with honors (of course) Kate was selected to redesign the school’s student micro site. in 2012 she joined Wilesmith advertising/Design working under Design Director, scott eurich on non-profit brand design and web projects. in february 2013 Kate became a united states citizen and was honored by her agency colleagues with a lunch of hot dogs, hamburgers and apple pie. Kate’s account experience includes: Commission of Jewish Education, MorseLife, Sabadell Bank, motherTobaby, The lukens institute, City of West palm beach – northwest neighborhood, peoria County, palm beach County Convention and visitors bureau, and international Consulting engineers, new York. 27 28 “You all did a super job! ‘Tavares, a merica’s s eaplane City’, is an identity rich in economic development possibility. The sky really is the limit!” - mayor nancy Clutts, City of Tavares 29 exampLe 1: city of tavares, fLorida 30 ClienT: CiTY Of Tavares, fl PROJECT: branding (april 2009 - september 2010) branD Team: margaret Wilesmith, project Director, strategic planning; scott eurich, Design Director; Doug Hardee, Creative Director; linda rivera, art Director D eliverables : • Brand Evaluation • Brand Promise and Platform • Brand Design and Identity: Logo, Byline, Tagline • Implementation Plan • Wayfinding, Collateral Design, Environmental Graphics, Website Design, Ad Campaign, Brand Standards Manual DesCripTiOn: The City of Tavares, florida is a stunning example of a municipality that is fully committed to its brand and is seeing remarkable results, in spite of a limited marketing budget. in 2009, the City was implementing a master redevelopment plan, the focus of which was a state-of-the-art seaplane basin, the only one between georgia and Key West, florida. at the time, no one could imagine the incredible impact this would have on the City, which had experienced an extended period of decay and economic depression. 31 Hoping to avoid a cookie-cutter approach, Tavares selected Wilesmith advertising | Design for its fresh and creative perspective to conduct a brand assessment and reinvent the City’s brand. We couldn’t help but be inspired by the City’s intrepid spirit both from a historical and modern perspective. The agency starting by defining the City’s distinct value proposition, creating a unique brand identity and implementing it across the brand architecture. The completed initiative included immersion of the new brand design and messaging into the public realm through environmental graphics, wayfinding, collateral design, events, online and offline advertising, public relations and other channels of distribution. The agency was also responsible for creating an inviting, holistic exterior environment. by building an infrastructure supported by a relevant and authentic brand, the City realized a dramatic return on investment in the worst economic downturn since the great Depression. resulTs* (3 years) • 37 new businesses, including 2 boutique hotels • One of the largest seaplane manufacturing facilities in the world, Progressive Aerodyne, relocated to city • More than 3,400 seaplanes visits (1000% ahead of projections) • Destination used in a major Hollywood film requiring a seaplane scene, and • Has become a regular stopping point for seaplaners from as far away as Mexico, Italy and France. * source: bill neron, Tavares economic Development Director 32 Before 33 after 34 prinT Campaign 35 COllaTeral 36 gaTeWaY signage 37 billbOarD Campaign 38 billbOarD Campaign 39 WaYfinDing 40 41 sample appliCaTiOns 42 WebsiTe HOme page 43 branD sTanDarDs manual 7 Colors for Print For any printed application please refer to the color specifications below. Accurate reproduction of colors is essential for brand consistency. File Format • Illustrator eps Color options • Pantone® Matching System (PMS) • Four Color Process (CMYK) For more information, please refer to UsaGe (p. 9).FoUr Color proCess (CmYK) pantone® matChinG sYstem (pms)alternate: pms (no metalliC) Pantone® 2945 Pantone® 2945 MetaLLIC 8402 Pantone® CooLGrey 9 C: 100% m: 52% Y: 0% K: 12% C: 0% m: 0% Y: 0% K: 60% 5 Core Element Our logo “Logo” is the core element of our visual identity. It should be seen on everything we do from letterheads and advertising to promotional items and brochures. The Logo consists of four elements: the seaplane, the water/waves, the Tavares logotype and the byline “America’s Seaplane City”. It should not be redrawn, digitally manipulated or altered. The Logo must always be reproduced from a digital master reference. This is available in eps, jpeg and gif formats. Please ensure the appropriate artwork format is used. For more information, please refer to USAGE (p. 9). File Name: Tavares_Logo_PMS.eps File Name: Tavares_Logo_CMYK.eps File Name: Tavares_Logo_B&W.eps File Name: Tavares_Logo_PMS_noMET.eps File Name: Tavares_Logo_CMYK.jpg File Name: Tavares_Logo_Gray.eps USAGE All promotional items and 2 color commercial printing that can use metallic ink. USAGE All 4 color commercial process printing. USAGE All b&w newspaper. USAGE All promotional items and 2 color commercial printing that can NOT use metallic ink. USAGE All in-house computer files. USAGE An optional b&w for commercial printing. 8 Colors for Digital Media For any online or digital application please refer to the color specifications below. File Format • jpeg or gif Color options • RGB • LAB • Hexadecimal HTML Code For more information, please refer to UsaGe (p. 9). r:0 G:62 B:139 l:32 a:-8 b:-52 l:40 a:0 b:-1 HexadeCimal Html r:85 G:85 B:83 #003e8b #55553 44 press release 45 e xamp L e 2: the city of dania Beach, fLorida 46 The City of Dania beach, florida had been in decline, losing its place among broward County’s leading cities. The purpose of the project was to support the Dania’s re-development through branding. it was essential that the brand resonate with businesses investing in the City. at the same time, research showed that the City’s history was a perceived value asset and source of pride for stakeholders. Wilesmith developed a brand promise, identity and design that supported the City’s revitalization while reflecting its historic position in the County. The new logo’s contemporary, structural and graphic, reflects the City’s modern attitude. The use of the nautilus was inspired by the primary architectural design element used in the City’s new downtown center. The wave formation at the top references the City’s substantial maritime assets, while the vertical form on the right references its ascendancy. The logo utilizes the negative space to form the letter D (the City is referred to by it’s first name only) which serves as the locus for the other graphic elements of the logo. The brand identity was extended throughout the City and within marketing portals, like the website, to unify the brand yet ensure that each business district was distinctly identified. 47 CiTYWiDe branD Before after 48 downtown districtdesign districtgreen district art & antique districtmaritime district branD exTensiOn 49 City Services Community Leisure Business Online Services Visit Our Districts search the site... Hot Topics Hurricane Info Bids & Proposals Commission Agendas & Minutes Employment Staff Directory City Cable Channel 78 CRA - Community Redevelopment Agency City Calendar Download Forms View Municipal Codes Read News Updates Receive Email Alerts Beach & Pier Parks & Recreation Centers Attractions Home • Contact Us • Sitemap • Print Friendly • Email to a Friend • RSS • Disclaimer • Accessibility • Copyright • Powered by CivicPlus City of Dania Beach • 100 W. Dania Beach Blvd. • Dania Beach, FL 33004 • Ph: 954-924-6800 • Fx: 954-921-2604 Web Design 50 “margaret, You and your team did a fantastic job” -Tom Digiorgio, Chairman p ompano b each e conomic Development Council 51 exampLe 3: city of pompano Beach, fL 52 b ran D Team: Margaret Wilesmith, Project Director, Strategic Planning; Scott Eurich, Design Director; Jennifer Dempsey, Research; Linda Rivera, Jon Chung Art Directors Deliverables: • Market research • Brand Assessment; Brand Report • Brand Promise and Platform • Brand Design and Identity: Logo, Tagline • Wayfinding, Collateral Design, Environmental Graphics, Website Design, Ad Campaign, Brand Standards Manual COsT: $75,000 Transitioning from its agricultural roots, the City of pompano beach had experienced prolonged economic decline in spite of its many natural assets including a spectacular beach, 47 parks and reputation for the best deep sea fishing in florida. unfortunately this was all surrounded by low income housing and vacant commercial space. The City’s reputation as a welcoming place to visit or do business was also in the negative space, not helped by its leading role on “police Women of broward County” which, with its focus on crime, further undermined the Cra’s efforts to rehabilitate the City and its image. With a redevelopment plan ready to launch, the City selected Wilesmith to conduct a brand assessment and rebrand the City for the purpose of economic development. The agency worked with a 12-member brand 53 committee comprised of representatives of the economic Development Council, Chamber, Cultural Council, Hotel association, and numerous other community agencies and organizations. Wilesmith conducted extensive in-market intercept surveys as well as brand imprint sessions with city commissioners, residents, business owners and city employees The insights gained from this research led us to articulate the brand promise and establish a new brand identity which has been put to work to support redevelopment efforts in the industrial and tourism sectors. The critical feature of the rebrand was early adoption of the brand promise and identity internally. This initiated a cultural change that shifted the focus onto the customer, and facilitated the brand’s successful integration into the public realm. The brand promise is now the battle cry for everyone at every City level with “their hands on the brand.” The pompano beach brand promise for people who value genuine hometown qualities but also want the lifestyle a progressive, modern city offers, we will provide an environment where your comfort, enjoyment and success is our top priority. We will do everything possible to make it easy and pleasant for you to enjoy our beaches and parks or to do business here. in every interaction we will affirm your choice of pompano beach by welcoming you warmly and making you feel an important and valued part of our community. This brand promise was a result of an in-depth brand assessment process and approved by the brand Committee and City Commission prior to the brand Design process which is demonstrated in this case study. 54 befOre 55 56 afTer 57 prinT Campaign 58 visiTOrs guiDe 59 WebsiTe 60 seCOnDarY gaTeWaY 61 peDesTrian DireCTiOnal 62 veHiCle appliCaTiOn 63 sTreeT banners 64 sample appliCaTiOns 65 branD sTanDarDs manual 1 Brand Standards Manual 5 Our logo (Logo) is the core element of our visual identity. It should be seen on everything we do from letterheads and advertising to promotional items and brochures. The Logo consists of four elements: the sun, the fish, the water, the Pompano Beach logotype and the tagline “Florida’s Warmest Welcome”. It should not be redrawn, digitally manipulated or altered in any way. The Logo must always be reproduced from a digital master reference. This is available in eps, jpeg and gif formats. Please ensure the appropriate artwork format is used. For more information, please refer to USAGE (p. 8). 4-Color PMS Logo 5-Color PMS Logo 4-Color Process CMYK Logo1-Color PMS Logo 1-Color B&W Logo 1-Color Gray Logo Usage All promotional items and 4-color commercial printing that can use PMS. Usage All promotional items and 5-color commercial printing that can use PMS. Usage All CMYK commercial process printing. Usage All promotional items and 1-color printing. Usage All b&w newspaper. Usage An optional b&w for commercial printing. Core Element 9 In certain cases, it will be necessary to print the color logo on a color background. The Logo should only be printed on the approved colors shown here. The Logo should not be printed on any other color. See Logo Don’TS (p. 12). IMPoRTA nT noTE: The illustrations on the right do not imply that the Logo should be contained in a box of any kind. Rather it is to show how the Logo should appear when knocked out of a larger area of the aforementioned colors. Color Background Four Color ProCess (CMYK) 10% oF PMs 348 20% oF ProCess Yellow 20% oF PMs 7459 20% oF PMs 130 C: 10% M: 0% Y: 10% K: 5% C: 0% M: 10% Y: 20% K: 0% C: 15% M: 0% Y: 5% K: 5% C: 0% M: 0% Y: 20% K: 0% 6 For any printed application please refer to the color specifications right. Accurate reproduction of colors is essential for brand consistency. File FormAt - illustrator eps Color options - pantone® matching system (pms) - Four Color process (CmYK) For more information, please refer to UsAGe (p. 8). Four Color ProCess (CMYK) Pantone® MatChing sYsteM (PMs) Pantone® 348 Pantone® 130Pantone® 7459 Pantone® 346 BLaCK C: 100% m: 0% Y: 87% K: 20% C: 0% m: 30% Y: 100% K: 0% C: 76% m: 6% Y: 8% K: 15% C: 56% m: 0% Y: 42% K: 0% C: 0% m: 0% Y: 0% K: 100% logo Colors for Print 66 “i commend your excellent, professional work. Thanks for everything, especially your patience during a wild ride!” bill francisco - brand Committee, Dunedin 67 exampLe 4: the city of dunedin, fLorida 68 ClienT: CiTY Of DuneDin, fl PROJECT: branding and marketing (may 2011 - november 2012) bran D T eam : margaret Wilesmith, project Director, strategic planning; scott eurich, Design Director; bill vervaeke, research; Linda Rivera, Jon Chung, Art Directors D eliverables : • Qualitative/Quantitative Market Research • Brand Assessment; Brand Report • Brand Promise and Platform • Brand Design and Identity: Logo, Byline, Tagline • Collateral Design, Environmental Graphics, Ad Campaign, Economic Development Brochure, Merchandise Design • Standards Manual • Marketing Plan DesCripTiOn: Dunedin is an interesting story. While we have a superb relationship with the City and believe it is on the cusp of becoming a great place brand, it is also an example of how a City can lose control of the branding process. 69 Dunedin is one of florida’s most charming cities. However, it was not realizing its potential for economic development in the tourism or small-to mid size business sector. The City had a great product, but its brand had never been refined or articulated. The City selected Wilesmith, again for our fresh perspective and hands-on style. The agency immersed itself in the City, working with the brand committee, conducting focus groups with business leaders, spending time with visitors and residents, and evaluating key value assets and their respective weight in creating a compelling brand story. The extensive research, including a community survey that saw an extraordinary level of resident participation, revealed that Honeymoon island is considered the City’s most unique value asset in attracting visitors. no other destination can claim Honeymoon island as its own. The added bonus is the evocative, magical name of the island itself. based on this finding, along with other key supporting features, the agency developed a brand identity that encompassed three major features: water, the nature trail, the indigenous osprey, which all combine to form a heart symbolizing the romance of Honeymoon island and the Dunedin experience. The byline, “Home of Honeymoon island” captures the unique selling proposition of the City supported by the brand promise expressed in the tagline “We’ll Win Your Heart.” The identity simply and elegantly tells a wonderful, evocative story about the City. The brand solution was presented to enthusiasm and applause in the City Commission chambers. 70 CHallenges unfortunately, the process was hi-jacked by a vocal minority who either did not support the brand process from the beginning or had limited knowledge or understanding of the process. in a misguided effort to achieve 100% community buy-in, (perhaps an overly optimistic goal for any city undertaking), the City lost control of their own brand, and with it, their opportunity to be represented in a truly unique and memorable way. While we were disappointed with the Commission’s ultimate decision to select one of our other logo designs, it was only because we truly believe that the original selection was the right one for the City. However, we have always enjoyed open and candid communications with our client, and continue to work with them to implement their new brand through a multi-year integrated marketing program encompassing all elements of the marketing toolkit. This is a cautionary tale for those undertaking the time and expense of a branding initiative. City leaders have the responsibility for economic development, the sole purpose for branding in the first place. Therefore they must be the custodians of their brands. They must set the tone and be the primary brand stewards. it cannot be compromised, crowd-sourced or managed. However, it also points to the importance of ongoing community- wide communications and engagement throughout the process to facilitate understanding and buy-in. 71 presenTeD DU NE DIN Life Flows Yo ur Way DU NE DIN Life Flows Yo ur Way DUNEDIN Life Flows Your Way DUNEDIN Life Flows Your Way water • color • life DUNEDIN water • color • life DUNEDIN We ’ll Steal Yo ur Heart We ’ll Steal Yo ur HeartLife flows Your Way Life flows Your Way PMS 294 PMS 347 PMS 298 PMS 3005 Home of Honeymoon Island Fall in Love Home of Honeymoon Island Fall in Love HOME OF HONEYMOON ISLAND HOME OF HONEYMOON ISLAND 72 reCOmmenDeD PMS 294 PMS 347 PMS 298 PMS 3005 73 seleCTeD 74 billbOarDs 75 76 brOCHure 77 WebsiTe 78 branD sTanDarDs manual 79 additionaL sampLes • city of west paLm Beach • paLm Beach county convention and visitors Bureau • town of miami Lakes 80 “a ll of us were very impressed with the creative look and feel. great job from your team.” - shirley Talbert, vp/Chief marketing Officer palm beach County Convention and visitors bureau 81 DisTriCT TOurism iDenTiTies 82 DisTriCT TOurism iDenTiTies 83 name, Tagline, anD lOgO Design The City of West palm beach retained us to create a brand for the blighted west side of the pleasant City in redevelopment, for emerging and established artists would live, work and market their work through galleries and public events. The assignment was to create a name, tagline and logo for the district. The goal was an urban, modern, and cool brand identity; a place artists would feel reflects their vibe and vision. The agency developed names using frames of reference including area history, art history, important arts movements and forms, artists' colonies and their genesis, as well as geographic markers. The location abutted 23rd st. and would be located on city lots #2 and #3. and that's how lot23 came to be the emerging artists district. The tagline, “The artful side of pleasant City”, was incorporated into the logo rather than use it as a separate element. The logo is a modern graphic treatment referencing the lot gridlines to artfully form the number 23 in the negative space. (Kismet in the world of graphic design.) The tagline wraps around the side of logo to suggest the very specific, self-contained nature of the district. The result is unique and distinctive – edgy, hip and urban. 84 branD iDenTiTY/Tagline HISTORIC DISTRICT The City of West palm beach, florida contracted with Wilesmith to brand its northwest neighborhood which had suffered from years of neglect, crime and economic decline, and is now in redevelopment. its residents have a deep love and connection to the neighborhood, which has more churches than any other in the city, and a distinguished black history. The logo design renders the letter n into a heart symbolizing the residents’ feelings about the district. The circle communicates connection and community. The tagline expresses both the feelings and character of the neighborhood. 85 86 87 88 89 90 91 92 Downtown Development authority annual/business reports (City of West palm beach) 93 City of West palm beach economic Development brochure 94 att a c h m e n t g 95 3.3 proposaL package 96 att a c h m e n t g RFQ #PW-Q2013-01 City Branding Design & Services Page 19 of 60 SECTION IV PROPOSAL PACKAGE 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: ADDRESS: TELEPHONE: ( ) FAX#: ( ) EMAIL: m.wilesmith@wadads.com 561 820-9196 Wilesmith Advertising | Design 319 Clematis Street, Suite 710, West Palm Beach, Florida 33401 561 835-0413 RFQ #PW-Q2013-01 City Branding Design & Services Page 28 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 FORMS ATTACHED Bid Package: One (1) original and Nine (9) copies Yes______ No______ Proposal Confirmation Yes______ No______ Scope of Services/Plan Yes______ No______ Proposer’s Qualifications Yes______ No______ Proposer’s References Yes______ No______ Indemnification Clause Yes______ No______ Non-Collusive Affidavit Yes______ No______ Drug-Free Workplace Form Yes______ No______ Sworn Statement on Public Entity Crimes Yes ______ No ______ Related Party Transaction Verification Form Yes______ No______ Exception to the Request for Proposals Yes______ No______ Addendum Acknowledgement Form Yes ______ No ______ Anti-Kickback Affidavit Yes ______ No ______ Proof of Insurance Yes ______ No______ Contract/Agreement Yes ______ No ______ X X X X X X X X X X X X X X X RFQ #PW-Q2013-01 City Branding Design & Services Page 29 of 60 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. Proposer’s Name Signature Date State of: County of: The foregoing instrument was acknowledged before me this day of , 2013, by , who is (who are) personally known to me or who has produced as identification and who did (did not) take an oath. Notary Public Signature Notary Name, Printed, Typed or Stamped Commission Number: My Commission Expires: 5/07/2013 FloriDA PAlM BEACH CoUNTY Wilesmith Advertising | DesignMargaret Wilesmith, RFQ #PW-Q2013-01 City Branding Design & Services Page 37 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. Proposer's Name Signature Date State of: County of: The foregoing instrument was acknowledged before me this ______ day of ______________________, 2013, by ______________________________________, who is (who are) personally known to me or who has produced _____________________________ as identification and who did (did not) take an oath. Notary Public Signature Notary Name, Printed, Typed or Stamped Commission Number: My Commission Expires: 5/07/2013 FloriDA PAlM BEACH CoUNTY Wilesmith Advertising | DesignMargaret Wilesmith, 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 State of } } SS: County of } being first duly sworn deposes and says that: a)He/she is the ___________________________, (Owner, Partner, Officer, Representative or Agent) of ___________________________ , 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: By: Witness Witness (Printed Name) (Title) Florida Palm Beach Margaret Wilesmith owner Wilesmith Advertising | Design RFQ #PW-Q2013-01 City Branding Design & Services Page 39 of 60 CITY OF SOUTH MIAMI CITY BRANDING DESIGN & SERVICES RFQ #PW-Q2013-01 NON-COLLUSIVE AFFIDAVIT (CONTINUED) ACKNOWLEDGMENT State of ) ) SS: County of ) BEFORE ME, the undersigned authority personally appeared to me well known and known by me to be the person described herein and who executed the foregoing Affidavit and acknowledged to and before me that executed said Affidavit for the purpose therein expressed. WITNESS, my hand and official seal this day of , 2013. My Commission Expires: _______________________________ Notary Public State of Florida at Large END OF SECTION Florida Palm Beach RFQ #PW-Q2013-01 City Branding Design & Services Page 40 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 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. Proposer’s Signature Date ______________________________________________________ Print Name 5/07/2013 Wilesmith Advertising | Design Margaret Wilesmith 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 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. 1. This sworn statement is submitted to the City of South Miami by _______________________________________________________________ [Print individual’s name and title] for _______________________________________________________________ [Print name of entity submitting sworn statement] whose business address is ____________________________________________________ ____________________________________________________ and (if applicable) its Federal Employer Identification Number (FEIN) is ____________________ (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: _____________________________________ ) 2. I 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. I 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. Margaret Wilesmith, President Wilesmith Advertising | Design 319 Clematis Street, Suite 710, West Palm Beach, Florida 33401 65-0925828 N/A 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 4. I 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. I 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.] ____ 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. X RFQ #PW-Q2013-01 City Branding Design & Services Page 43 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 ____ 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. ____________________________________ ______________________________________ Proposer’s Name Proposer’s Signature Sworn to and subscribed before me this ______ day of __________, 2013. Personally known ____________________________________________________________ OR produced identification ________________ Notary Public State of Florida at Large ________________________________ My commission expires _______________ (Type of identification) ____________________________________ (Printed, typed or stamped commissioned Name notary public) Wilesmith Advertising | Design Wilesmith Advertising | Design RFQ #PW-Q2013-01 City Branding Design & Services Page 44 of 60 “RELATED PARTY TRANSACTION VERIFICATION FORM” I ______________________________, individualy and on behalf of _______________________(“Firm”) have Name of Representative Company/Vendor/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)I 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)I 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 board, commission or agency of the City within the past Margaret Wilesmith Wilesmith Advertising | Design N/A N/A N/A RFQ #PW-Q2013-01 City Branding Design & Services Page 45 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, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or 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 of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8)No Other Firm, 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 members (hereinafter referred to as “Related Parties”) has responded to a solicitation by the City in which I 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)I 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 agreement with the City, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami-Dade 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 belief. Signature: ___________________________ Print Name & Title: ______________________________ Date: ________________________ ATTACHED: Sec. 8A-1 - Conflict of interest and code of ethics ordinance. Margaret Wilesmith, President 5/07/2013 N/A N/A N/A RFQ #PW-Q2013-01 City Branding Design & Services Page 52 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. N/A RFQ #PW-Q2013-01 City Branding Design & Services Page 53 of 60 CITY OF SOUTH MIAMI CITY BRANDING DESIGN & SERVICES RFQ #PW-Q2013-01 ADDENDUM ACKNOWLEDGEMENT FORM Addendum # Date Received _______________________________ ________________________________ _______________________________ ________________________________ _______________________________ ________________________________ _______________________________ ________________________________ _______________________________ ________________________________ _______________________________ ________________________________ _______________________________ ________________________________ _______________________________ ________________________________ _______________________________ ________________________________ _______________________________ ________________________________ __________________________________ ___________________________________ __________________________________ ___________________________________ __________________________________ ___________________________________ Proposer: __________________________________________ (Company Name) __________________________________________ (Signature) ___________________________________________ (Printed Name & Title) Margaret Wilesmith, President Wilesmith Advertising | Design 4/30/2013 5/01/2013 5/02/2013 ADDENDUM No. #1 ADDENDUM No. #2 ADDENDUM No. #3 RFQ #PW-Q2013-01 City Branding Design & Services Page 54 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:____________________________ Title:___________________________ Sworn and subscribed before this _____ day of______________, 2013 __________________________________________ Notary Public, State of Florida __________________________________________ (Printed Name) My commission expires: _______________________ END OF SECTION Margaret Wilesmith President RFQ #PW-Q2013-01 City Branding Design & Services Page 55 of 60 CITY OF SOUTH MIAMI CITY BRANDING DESIGN & SERVICES RFQ #PW-Q2013-01 AGREEMENT THIS AGREEMENT is made this day of ,2013 by and between the City of South Miami , Florida (the “City ”) and (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 (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 Wilesmith Advertising | Design $ 20,000 RFQ #PW-Q2013-01 City Branding Design & Services Page 56 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 8.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 57 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 58 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 59 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 60 of 60 City : Contractor: CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, FL 33189 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: CITY OF SOUTH MIAMI By: By: Maria M. Menendez, City Clerk Steven Alexander – City Manager By: City Resolution # ____________________ City Attorney Signed, sealed and witnessed in the CONTRACTOR: _________________________ presence of: By: By: (*) 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 Wilesmith Advertising | Design Wilesmith Advertising | Design 97 3.4 acknowLedgment of agreement terms