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QCA City of South Miami Proposal_FINALRE: RFQ #PW-Q2013-01 City Branding Design & Services Submitted by: Submitted to: Submittal Date: Quest Corporation of America, Inc. 6625 Miami Lakes Dr., Suite 320 Miami Lakes, FL 33014 www.QCAusa.com City Hall Office of the City Clerk 6130 Sunset Drive South Miami, Florida 33143 Tuesday, May 7, 2013 2:00 p.m. Or i g i n a l Dear Ms. Menendez, Quest Corporation of America (QCA) is proud to submit this proposal in response to your Request for Qualifications for City branding design and services for the City of South Miami (RFQ #PW-Q2013-01). Our highly qualified team is well-suited for this assignment and is excited about the opportunity to support the City of South Miami with the development of municipal branding standards and guidelines. QCA offers a unique combination of skills, merging our extensive experience working with public agencies with our award-winning marketing and creative design services to implement a winning strategy to establish the unique identity for South Miami today and well into the future. Founded in 1995, QCA is a full-service communications firm, providing marketing, public relations, community outreach, advertising and website development to an ever growing client base. We are a woman-owned and minority certified firm (DBE) in the state of Florida. QCA’s proposed team members have been carefully chosen to provide the City of South Miami with the skill, expertise and local understanding that a project this important requires. Associates include local bilingual communications professionals as well as award-winning graphic designers who have extensive experience in developing and implementing branding strategies for public sector clients. The overriding goals of this project are successive and build upon one another to: strengthen community pride centered on the uniqueness of The City of Pleasant Living; and enhance awareness among your varied target audiences and stakeholders to include residents, businesses, staff and visitors, as well as potential new residents and businesses. Thank you for considering QCA for this exciting project. We stand ready and committed to provide you with the top quality service our clients have come to expect and to partner with you to take the City of South Miami’s branding strategy to a new level. Sincerely, Sharlene Francois Lairscey, President Quest Corporation of America, Inc. City of South Miami Maria M. Menendez, CMC City Clerk City of South Miami 6130 Sunset Drive South Miami, FL 33143 RE: RFQ #PW-Q2013-01 City Branding Design & Services Local Address: 6625 Miami Lakes Dr., Suite 320 Miami Lakes, FL 33014 P: 305.825.5158 F: 813.926.2962 E: Corporate@QCAusa.com Corporate Office Location: 17220 Camelot Court Land O’ Lakes, FL 34638 P: 866.662.6273 F: 813.926.2962 E: Corporate@QCAusa.com Contact: Sharlene Lairscey, President Sharlene@QCAusa.com 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: Quest Corporation of America, Inc. 3837 Northdale Blvd. #242, Tampa, FL 33624 866 662-6273 813 926-2962 Corporate@QCAusa.com 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 ______ 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: Diane Hackney Approach to Scope of Services QCA is committed to making the City of South Miami’s branding strategy our priority. Our dedicated team of professionals has extensive experience on similar contracts for government agencies. We are client-focused and customer-service driven and are able to deliver top quality products and services on-time and on-budget. Approach to Phase 1: Branding Strategy Stage 1 – We Listen The creative process is interactive. We work closely with our clients to fully understand their short- term and long-term objectives. In the case of “branding” a unique public entity, such as the City of South Miami, it takes dialogue with the City’s representatives and stakeholders to determine the essence of the city that sets it apart and attracts people to live, work and play here. Upon selection, QCA Project Manager Lauren Firtel and Creative Director Chuck Thompson will schedule a project kick-off meeting to introduce our team and to review your branding and marketing vision and objectives. This is where our relationship and understanding begins. We will introduce you to our dedicated QCA team, ask lots of questions and do a lot of listening. We’ll discuss the challenges you’ve faced in the past, what strategies have worked, what hasn’t worked and what your goals are for the future. This is the most important step in the process and we believe that investing time and energy up front shows positive results in the end. Following this meeting, QCA will develop detailed tasks and timelines to complete the development of the Branding Strategy and the logo design as detailed in Phase 1, task 1.1. Additionally, QCA is very transparent in all processes. You will know exactly what we are doing, how long it will take and approve the budget in advance of any activity. Once we get your feedback, we are going to reach out and meet with your “audiences” via formal or informal focus groups or surveys. By listening to your audience, we can uncover the qualitative and quantitative elements of your community that draw people. It is this essence and understanding that help direct the branding efforts and help us determine how to visually impart that essence in a single uncomplicated logo. Stage 2 – We Think As with all QCA’s branding strategies, there is an element of strategic planning, research and discovery. Based on a thorough discovery of the City, and its unique offerings, our formal and/or informal interviews, QCA will define the overall brand architecture (defined by the relationships of the City, its services and attributes with its residents, business partners and target audiences), how the City is defined and unique in the Southeast Florida marketplace, a hierarchy of messages crafted to resonate with customers, a distinctive brand promise and a projection of the customer’s ideal overall brand experience. We collate these insights into creative concepts, which are formally presented to you for review and approval. Stage 3 – We Design Armed with these insights, QCA goes to the drawing board. We explore design solutions that meet the established goals and create visual identities representative of your core propositions and unique personality. We consistently review work as a team (internally) so that we can measure the effectiveness of our design ideas, and we constantly challenge thinking prior to finalizing creative concepts. Throughout this process, our team adheres to a strict quality control process. All deliverables are reviewed by at least two QCA staff members, including the project manager, prior to the client’s review. Our process ensures that the City of South Miami is presented with drafts that capture your vision, direction and input. Additionally, our creative director is responsible for managing our production schedule, and assuring that all projects are reviewed and completed on time. We conduct Quality Assurance / Quality Control meetings regularly to assure all work is being completed in a timely manner, and that our assigned personnel meet the agency’s high standards. Throughout this process we will communicate regularly with South Miami staff to ensure deadlines and expectations are fully met. Stage 4 – We Present In this stage, QCA will formally present our creative concepts to your team, face-to-face, and gather direct feedback. We take your feedback very seriously and will work with you to make adjustments and revisions that result in a final product that we are all proud of. QCA always allows for two rounds of design amends within our costs, to make sure we get it right and your vision is met. Stage 5 - Development and Implementation This is where your concept comes to life. The imagery is post produced and placed, the color palette finalized and graphic guidelines are developed for identified applications and uses. Whether your brand assets are being applied to a set of brand guidelines, or a marketing brochure, outdoor advertising or website – you can be assured that your visual identity will clearly demonstrate all the values, messaging and objectives identified at the briefing stage. Approach to Phase 2: Introduction to Brand Well, now we have the logo and the branding strategy is in place. At the stage, QCA is well prepared to initiate your brand and take it into the marketplace, where it will serve as a beacon to draw attention to the City of South Miami. QCA will work closely with your team to make sure all reasonable and important channels are utilized to your best outcome. We will act as your research team to find the best ways to implement with your team. We will review and make recommendations based on your existing marketing analysis documents previously completed. To protect your brand, it is critical to develop usage guidelines that protect and preserve the identity you have worked so hard to establish. QCA has developed Standards and Guidelines for our clients that do just that. In fact, we have developed these for our own “brand” and fully understand to value and importance of these guidelines. Part of our service will be to train your staff so they can take over and implement these strategies. Additionally, QCA will work with the City to establish a knowledgeable group of staff members responsible for managing the City’s brand and its application. Typography: Through the branding process, we will have established the portfolio of typography. While a brand needs to be somewhat adaptive and flexible to satisfy and array of applications, typography is definitive. Divergence from established typography will serve to dilute the brand. QCA can develop a family of type faces, styles, and weights, that satisfy the need for flexibility without affecting the impact of the established brand. Photography/Pattern/Illustration Usage: In working closely with City of South Miami staff, throughout City departments, QCA will identify all the potential avenues where photography, pattern(s) and illustrations might interact with the established branding strategy. These visual elements can interact strongly with an established brand and all options and possibilities need to be carefully identified to assure that guidelines allow for creativity, while maintaining the City’s logo and brand as the dominant feature and icon. Stationary: In this day of electronic communication, stationary is often overlooked or taken for granted. But this is a critical element in establishing identity – from the weight and texture of the paper, the style of the envelopes, to the position and color of the logo and City seal, your stationary speaks volumes to those you are communicating with. QCA’s graphic designers have vast experience in selecting and designing stationary that compliments your identity and conveys quality, dedication, and professionalism. Website Design: A website is one of the most accessible communications tools that an agency can have in its arsenal. QCA’s in-house creative services division has created and maintains numerous websites for our public-sector clients across the state. QCA associates will work hand-in-hand with South Miami’s webmaster to incorporate the new branding strategies into the City’s website. We have the knowledge and expertise to assist with the updating of the existing site with an emphasis on ease of navigation, striking graphics that will resonate with the community and targeted messages that are easily read and understood by the community at-large. Additionally, QCA complies with all Section 508 ADA requirements when building a site. Other Important Considerations: Ability to Control Costs The QCA team understands constrained budgets. We will work very closely with the City of South Miami staff to make sure our services fall within budget, while still exceeding your expectations. QCA adheres to strict financial accounting practices. Our internal auditing system allows us to monitor task assignments, develop realistic budgets, track and forecast labor and direct costs and adjust resources when needed. QCA will regularly generate financial reports, maintaining an accurate picture of contract progress and costs. All costs will be discussed with and approved by the City of South Miami prior to expending funds. Methodology to Provide Reliable and Quality Service QCA works smart. Our proposed staff members have broad skills and experience allowing us to maximize efficiency and productivity. We recognize the most important aspect of 100% client satisfaction often is our ability to be responsive, available and flexible. QCA commits to strictly adhering to: • Established budgets, schedules and deadlines • Established approval protocol • Regularly scheduled staff progress meetings and reviews • 24/7 availability • Regular performance reviews Creative Process Protocol Lauren Firtel, the point person for this account, will work diligently with your staff to ensure open lines of communications and to see this project wholly, from concept through production. Following is a standard creative process: • Estimate & timeline presented to client for approval • Design Concepts produced • Project Manager (PM) presents concepts to City of South Miami • Concept either approved or goes back to QCA Creative for modifications • Project Manager presents revisions to client • Work approved • QCA prepares final files and will see the product through production when necessary 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. Diane Hackney, Vice President (P) 866-662-6273 See following pages for QCA qualifications Proposer’s Qualifications Quest Corporation of America, Inc. (QCA) is a multi-faceted communications company that specializes in developing and implementing successful marketing and communications strategies for public sector clients nationwide. Our range of services includes: strategic brand development and implementation; graphic design and collateral production; advertising and video production; website development and maintenance; focus groups and brainstorming sessions; community presentations and charrettes; public relations, and strategic communications. Founded in 1995, QCA is a DBE / MWBE-certified firm headquartered in Land O’ Lakes, Florida, with local, full-service offices and professional staff in Miami Lakes, Orlando, Jacksonville and Tallahassee, as well as in Texas and Connecticut. QCA has 46 associates strategically located to serve our clients, including a Southeast Florida staff of eight communications professionals, some of whom are bilingual (English / Spanish). The QCA Creative Department takes great pride in producing professional, high-quality products that are designed to get attention while also effectively communicating our client’s message. Our award-winning graphic designers work out of the corporate office in a state-of-the-art turnkey design studio that boasts the latest computer hardware, software, and office automation. These capabilities save our clients both time and money and ensure that QCA will have no difficulty delivering a new logo to the City of South Miami in 30 days, as required by the RFQ. Through the years, QCA has also developed detailed design standards and guidelines for our clients to assure that their “Brand” is always used as intended and is never diluted through inappropriate use or application. QCA is fully capable of designing and producing the entire package of image materials starting with a logo and branding strategy to include stationary, website design, and other uses including street signage and welcome monuments. Firm-wide Experience and Expertise QCA has more than 17 years of related experience developing, creating and implementing “image” graphics for public-sector clients, including the City of Doral, the Jacksonville Transit Agency (JTA), Tallahassee Regional Airport, Palm Beach International Airport, the Orlando- Orange County Expressway Authority (OOCEA), the Florida Department of Transportation (FDOT), and the Connecticut Department of Transportation (CTDOT), to name a few. We excel at brand development and implementation, development of meaningful and memorable tag lines and image messaging, website development and advertising in all mediums including print, video, broadcast, web, and social media. Below is a small sampling of similar projects that QCA has successfully developed and implemented. City of Doral Trolley, Doral, FL In keeping with its small-town charm and desire to launch a new public transit initiative, the City of Doral selected QCA to lead the branding, marketing and community relations efforts for the City’s trolley system. First, QCA created the logo and tagline for the City’s new trolley bus service. Then, to maintain momentum on the public education efforts surrounding the new bus service, QCA worked closely with city staff to develop and implement a marketing campaign to promote awareness of the new bus system. Included in the marketing campaign was the design and distribution of collateral materials such as promotional flyers and passenger schedule brochures. The pilot program was very successful, due in large part to the community’s awareness of the project, which was a direct result of QCA’s savvy marketing and public relations initiatives. With the continued success of its first route, the Doral Trolley System recently implemented a new service line in the downtown corridor targeting local businesses and retail. QCA continues to work with the City of Doral to produce marketing materials to support outreach initiatives to increase ridership for the trolley. Connecticut Department of Transportation, CTfastrak CTfastrak is a 9.4 mile dedicated busway that will connect Hartford and New Britain, Connecticut. For this project, QCA is tasked with developing a three-year multi-phased marketing plan and budget, with three targeted initiatives including: construction, pre-launch and launch through the first year of service. QCA is crafting a CTfastrak brand messaging platform to engage citizens. This effort includes hosting four focus groups including one in Spanish, targeting current and potential transit users to define a positioning statement and advertising concepts that will resonate with the community. QCA has also been tasked with the redesign and development of a new CTfastrak website that will feature video, interactive maps and trip planning capabilities. The plan includes a Community Outreach Matrix detailed with events, required resources, and projected costs with minimum / maximum ranges. Jacksonville Transportation Authority (JTA), Jacksonville, FL When JTA decided it needed to rebrand with a more regional transportation focus, the agency selected QCA to serve as the general marketing consultant, responsible for achieving this goal through branding, advertising, marketing and public relations. In 2011, Jacksonville Transportation Authority tasked QCA with refreshing the agency’s master brand and various consumer brands. QCA worked closely with the leadership team to establish corporate goals for JTA’s identity, look and feel. QCA conducted a strategic and creative Get Involved!Keep our city clean, green & beautiful Keep Doral Beautiful Scan with your smartphone www.CityofDoral.com • 305-593-6740 • Connect with us on www.CityofD o r a l . c o m • 3 0 5 - 5 9 3 - 6 7 4 0 • C o n n e c t w i t h u s o n Doral Trolle y . . . F o r a l l t h e r i g h t r e a s o n s To shopping cen t e r s , t o o u t s t a n d i n g r e s t a u r a n t s , t o b e a u t i f u l p a r k s a n d recreation and e v e n c o n n e c t i n g t o t h e M e t r o r a i l . J u s t s i t b a c k , r e l a x a n d l e t us do the drivin g a n d d i d w e m e n t i o n … i t i s F R E E *! Enjoy the rid e . *Trolley Services M o n - F r i f r o m 6 a m t o 9 p m Saturdays 7am to 7 p m , N o S u n d a y S e r v i c e presentation, and together with JTA, came to consensus on a refreshed logo design. QCA also worked with JTA regarding consumer positioning, tagline opportunities, graphic language and naming conventions. Additional tasks accomplished successfully over the years for JTA include the redesign and launch of the JTA website and the design and production of the agency’s annual reports. When JTA launched the Riverside Trolley in 2008, QCA was tapped to produce a logo, rack cards, flyers, pole banners, street signage and route maps. QCA staff coordinated all tasks, assisted at the launch and educated the public about the new trolley service. Tallahassee Regional Airport, Tallahassee FL In 2010, Tallahassee Regional Airport’s (TLH) marketing staff turned to QCA for marketing help. In response, QCA developed and implemented a comprehensive media campaign including television, magazine, newspaper, website and social media advertising. QCA worked closely with TLH leadership to identify their target audiences as well as the best media to reach them. The campaign, entitled “The Way Travel Should Be,” is designed to position Tallahassee Regional Airport as the airport of choice for those traveling into and out of the TLH service area. For the campaign, QCA coordinated an extensive media buy and the design of the campaign elements, including coordination of “real life” community leaders, employees and passengers from Tallahassee to appear in the advertisements. Additionally, QCA scripted, designed, and directed the production of a :30 television commercial, which aired on several major stations and was featured on the TLH’s website. www.flytallahassee.com Game On! Get ready! Get set! It’s g a m e t i m e ! Calling all Tallahassee- b o u n d f o o t b a l l fanatics... Tallahasse e , a l o n g w i t h m o r e than 32 counties throu g h o u t F l o r i d a , Georgia and Alabama c a l l t h e T a l l a h a s s e e Regional Airport home f i e l d a d v a n t a g e . And you can too. With easy, hassle-free t r a n s p o r t a t i o n o p t i o n s to and from the airport, a s a f e a n d s e c u r e facility with shopping a n d r e s t a u r a n t c h o i c e s , you will feel comfortab l e a n d r e l a x e d w h e t h e r waiting for a departure o r j u s t a r r i v i n g . So, Get Your Game On ! F l y T a l l a h a s s e e ! What if the Dames Point Bridge was never built?What if the Dames Point Bridge was never built? Part of your day. Part of your community. Part of your life.Part of your day. Part of your community. Part of your life. www.jtafla.comwww.jtafla.com What if the J. Turner Butler was never built?What if J. Turner Butler Blvd. was never built? Part of your day. Part of your community. Part of your life.Part of your day. Part of your community. Part of your life. www.jtafla.comwww.jtafla.com With easy, hassle-free transportation to and from the airport, a safe and secure facility with shopping and restaurant choices, you will feel comfortable and relaxed whether waiting for a departure or just arriving. Welcome to the start of your travels. www.flytallahassee.com Tallahassee, along with more than 32 counties throughout Florida, Georgia and Alabama, calls the Tallahassee Regional Airport home. And you can too. Our Mat Is Always Out 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: Quest Corporation of America, Inc. 3837 Northdale Blvd. #242, Tampa, FL 33624 18 years N / A Sharlene Lairscey President / Owner / CEO N / A N / A 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 N / A N / A 18 years None N / A 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 Sharlene Lairscey President 866-662-6273 Corporate@QCAusa.com Diane Hackney Vice President 866-662-6273 Diane@QCAusa.com QCA staff is fully equip with knowledge, skill and experience to provide branding and design services to the City of South Miami. Please see team member resumes attached for details. Jill Cappadoro - Project Principal, Brand and Marketing consultant; Lauren Firtel - Project Manager; Ivette Ruiz-Paz - Bilingual (English / Spanish) Market Research; Chuck Thompson - Creative Director; Joe Duhamel - Graphic Designer; Diane Hackney - Contracts, Finance Vice President Jill Cappadoro’s public sector experience spans 24 years and two transportation properties, during which she has been recognized as a top performer and earned several promotions. Jill has conducted market research studies and focus groups to better understand public perception on community issues, and has used the findings to develop marketing programs and implement media campaigns to educate the community. Jill directed such highly visible projects as the grand opening of the TECO Line Streetcar System and rebranding of Hillsborough Area Regional Transit Authority (HART) in Tampa, Florida. Additionally, Jill has developed the public involvement programs for transit decision making for both HART and Pinellas Suncoast Transit Authority (PSTA). Her responsibilities have included ridership development and the launch of DOT-funded transit services, along with implementation of successful programs to retain riders, increase fare revenue and improve service quality. She has extensive experience in managing budgets in excess of $1,000,000, excellent communication skills, and has served as spokesperson representing these public sector agencies with media, County Commission and City Council leadership. EDUCATION • B.A., Mass Communications, University of South Florida PROFESSIONAL DEVELOPMENT • FDOT Public Involvement Workshop • National Transit Institute (NTI), Public Involvement in Transportation Decision Making • Media Training; Intensive Media Interviewing Techniques • Sensitivity Training • Plans Reading MEMBERSHIPS • Graduate, Leadership Tampa Alumni • Greater Tampa Chamber of Commerce • Tampa Downtown Partnership • Tampa Downtown Attractions Association Jill Cappadoro Project Principal / Quality Control Lauren Firtel is an enthusiastic communications professional with more than nine years of experience. She has extensive experience working on the Brand Team of a community organization; with public municipalities on their information outreach to citizens; at a full-service, fully integrated advertising agency; and as part of stylized print media production teams: writing feature story copy for the University of Miami’s Business School magazine and celebrity pieces for Zink magazine. She has written and produced multiple public information collaterals for the City of Miami Beach Capital Improvement Projects (CIP) office, and creative copy for various events, websites and print media pieces. She also has extensive computer and graphic skills, experience with website concepts, design, content development and simple html. She can manage numerous tasks simultaneously to meet established deadlines. Ms. Firtel is comfortable coordinating with elected and appointed officials, bringing community leaders together and with South Miami surroundings in general; she is born and raised in Miami. As a QCA Area Manager in Southeast Florida, Lauren’s focus is on municipalities in her region. She is the lead public information officer on major CIP projects, and serves as an assistant public information specialist for FDOT’s District Six miscellaneous construction contract. Her duties include daily interaction with Miami Beach residents, businesses and City representatives. She works to develop solid Community Awareness Plans, write letters and emails to the general public and government officials, coordinate with local businesses, create and maintain project databases, produce and distribute public information materials, plan public meetings for large audiences, arrange field meetings between project team and individual stakeholders, communicate between contractor and stakeholders regarding utilities, and more. She records and maintains meeting minutes and keeps detailed records of project-related events and activities, including media clips. Her proven organizational skills, established writing abilities, and her excellent customer relations ensure the highest level of service and will enhance any project on which she works. EDUCATION • B.A. Communications, cum laude. University of Hartford; West Hartford, CT PROFESSIONAL DEVELOPMENT • Public Speaking • Public Involvement in Transportation Decision Making • QCA Management Lunch ‘n’ Learn Series • Interpersonal and Non-Verbal Communication • Media Training MEMBERSHIPS & HONORS • QCA Employee of the Year (2010) • University of Hartford Alumni Association, member • Miami Lighthouse for the Blind, volunteer • Miami Alumnae Chapter of Delta Gamma, Communications Vice President • Silver Knight Nominee, journalism category Lauren Firtel Project Manager In her career, Ms. Ruiz-Paz has served in many public relations, branding, marketing, advertising and production management capacities for a variety of local and national industries. She is a seasoned bilingual (English / Spanish) communications professional that brings a wealth of knowledge to every task and has worked extensively in the South Florida community since 2001. A native of South Florida, and a customer service expert, she has the experience and public relations know-how to serve as an asset to any team. Ms. Ruiz-Paz serves as an Area Manager throughout Southeast Florida. In this role, she is responsible for establishing and maintaining client relationships, as well as team building and project management. She has participated in a variety of brand marketing, advertising and public relations contracts both in South Florida and in California. She is adept at developing effective and brand marketing materials, media relations, press releases, advertising copy, and web content with ease. She is able to develop and produce promotional materials and can manage all aspects of special event coordination, publicity and facilitation. She can assist in the development of effective marketing plans and programs and is well versed in Content Management website updating and maintenance. She has applied her varied communications background and extensive South Miami area community understanding and experience effectively on numerous projects. She is able to employ her extensive local knowledge, familiarity with branding concepts and accomplished public speaking skills to communicate effectively with local residents, elected officials and the media. EDUCATION • B.A., Broadcast Communications, California State University-Northridge; Northridge, California PROFESSIONAL DEVELOPMENT • FDOT Public Involvement Training • Customer Service Training • Social Media Training • Public Speaking MEMBERSHIPS & HONORS • Scholarship Winner, Journalism • Award Winner, Academic Excellence; California State University-Northridge Ivette Ruiz-Paz Bilingual / Market Research Chuck is an experienced creative director who has produced high level communications and marketing for more than 24 years throughout the United States. With a major in visual communications, he designs bold, creative and exciting graphics that communicate to his target audience. He oversees key communications materials including logos, signage, community reports, passenger schedules and transit maps, as well as event service flyers, and newspaper ads. He has lead creative efforts in the design of website content and maintenance, as well as video production. At QCA, Chuck oversees the creative direction of marketing materials, including television and video production, website design, brand implementation strategies, annual reports, print ads and promotional collateral for such clients as Florida Department of Transportation, Georgia Department of Transportation, Jacksonville Transportation Authority, Hillsborough Area Regional Transit Authority, Tampa Hillsborough Expressway Authority, the City of Tallahassee Utilities Department and Tallahassee Regional Airport. EDUCATION • B.A., Visual Communications, Art Institute of Atlanta; Atlanta, GA PROFESSIONAL DEVELOPMENT • Photoshop World Conference • Graphic Artists Guild • American Advertising Federation • National Association of Photoshop Professionals Chuck Thompson Creative Director / Senior Graphic Designer With more than 23 years of design experience, Joe has worked on a wide variety of client projects including municipal, transportation and aviation. He brings extensive experience in client satisfaction with a no-nonsense design approach that gets quickly to the point, with a strong focus on clear communication. As a member of QCA’s creative team, Joe collaborates on all design projects including branding, public information collateral, brochures, newspaper advertisements, and website design. A tireless and productive attitude has him rising to meet every client goal set before him. Joe supports such transportation industry clients as the Georgia Department of Transportation, Tallahassee Regional Airport, Hillsborough Area Regional Transit, and numerous road construction projects. Various clients over his career have included TWA, PepsiCo, Worldwide Sport and Nutrition, and marketing firms with clients such as Lever Brothers, Fuji, Sam’s Club and NBTA. EDUCATION • B.F.A., Graphic Deisgn, New York Institute of Technology, NY Joe Duhamel Graphic Designer 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 Diane Hackney Quest Corporation of America, Inc.Vice President 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 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. Michael Baker Group 430 New Park Avenue, West Hartford, CT 06110 Nancy Lyon-Stadler Marketing Manager 216 536-0375 Hatford, Connecticut Public Relations, Branding, Marketing, Advertising, Web Design, Focus Groups and Mobile Application Design Orlando-Orange County Expressway Authority (OOCEA) 4974 Orl Tower Road, Orlando, FL 32807 Michelle Maikisch Public Affairs Manager 407 595-8667 Orlando, Florida Public Information services for OOCEA's Five Year Work Program Tallahassee Regional Airport 3300 Capital Circle, SW; Suite 1, Tallahassee, FL 32310 Marshall J. Taggart Deputy Director of Aviation 850 891-7821 Tallahassee, Florida Marketing Campaign, Advertising, Branding and Media Buying Strategos Public Affairs 5550 W. Executive Drive, Suite 550, Tampa, FL 33609 Drew Weatherford President 813 321-1400 Tampa, Florida Web Design, Marketing and Advertising 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 Doral 8401 NW 53rd Terrace, 2nd Floor, Doral, FL 33166 Dulce Pantaleon Public Works Coordinator 305 593 6740 Doral, Florida Doral Trolley rebranding and production of marketing materials 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: Diane Hackney 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) Diane Hackney Vice President Vice President Quest Corporation of America, Inc. 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 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 Quest Corporation of America, Inc. Diane Hackney 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. Diane Hackney, Vice President Quest Corporation of America, Inc. 3837 Northdale Blvd. #242 Tampa, FL 33624 59-3335186 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. 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) Quest Corporation of America, Inc. Diane Hackney 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 Diane Hackney Quest Corp. of America, Inc. 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. Diane Hackney, Vice President RFQ #PW-Q2013-01 City Branding Design & Services Page 46 of 60 Section 8A-1 CODE OF ETHIC Sec. 8A-1. - Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (1) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies, such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review and preservation board, the code enforcement board and such other individuals, boards and agencies of the city as perform quasi-judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city attorney, and all assistants to the city clerk, city manager and city attorney, however titled. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or to be conferred, in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting business with the city. (9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid, a proposal in response to a RFP, a statement of qualifications in response to a request by the city, or entering into contract negotiations for the provision on any goods or services, whichever first occurs. (c) Prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business RFQ #PW-Q2013-01 City Branding Design & Services Page 47 of 60 in which that person or a member of the immediate family has a financial interest, direct or indirect with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall effect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: (1) The payment of taxes, special assessments or fees for services provided by the city government; (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (1) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2), (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or registered land surveying, as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined in paragraphs (b)(2), (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a firm, corporation, partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally, no person included in the term defined in paragraph (b)(1) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (1) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or RFQ #PW-Q2013-01 City Branding Design & Services Page 48 of 60 (2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the person defined in paragraph (b)(1) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b)(1) who has any of the specified relationships or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (e) Gifts. (1) Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without adequate and lawful consideration. (2) Exceptions. The provisions of paragraph (e)(1) shall not apply to: a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph (3); c. Awards for professional or civic achievement; d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)(1) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in paragraphs (b)(1) through (6), or for any person included in the terms defined in paragraphs (b)(1) through (6) to accept or agree to accept from another person or entity, any gift for or because of: a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public action; b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in paragraph (b)(1); or d. Attendance or absence from a public meeting at which official action is to be taken. (4) Disclosure. Any person included in the term defined in paragraphs (b)(1) through (6) shall disclose any gift, or series of gifts from any one person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)(1) through (6) be employed by a corporation, firm, partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city RFQ #PW-Q2013-01 City Branding Design & Services Page 49 of 60 or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b)(1) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official position, nor shall that person in fact ever disclose confidential information garnered or gained through an official position with the city, nor shall that person ever use such information, directly or indirectly, for personal gain or benefit. (i) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. (j) Prohibition on outside employment. (1) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city, except as may be permitted as follows: a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is to be performed on city time. b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c. is obtained. c. Approval of department head required. Any outside employment by any full- time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in section 1-11 of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause. RFQ #PW-Q2013-01 City Branding Design & Services Page 50 of 60 (k) Prohibited investments. No person included in the terms defined in paragraphs (b)(1) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. (l) Certain appearances and payment prohibited. (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counsel or legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as counsel or legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when financial interests involved. No person included in the terms defined in paragraphs (b)(1) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment, equity, or debt. (n) Acquiring financial interests. No person included in the terms defined in paragraphs (b)(1) through (6) shall acquire a financial interest in a project, business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official, officer or employee. (o) Recommending professional services. No person included in the terms defined in paragraphs (b)(1) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials, officers or employees. (p) Continuing application after city service. RFQ #PW-Q2013-01 City Branding Design & Services Page 51 of 60 (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall, for a period of two years after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs (b)(1) through (6)] in connection with any judicial or other proceeding, application, RFP, RFQ, bid, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two-year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, 501(c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)(1) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)(1) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(1) in which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section 8A-2(p). (q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)(1) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. END OF SECTION RFQ #PW-Q2013-01 City Branding Design & Services Page 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. None 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) Quest Corporation of America, Inc. Diane Hackney, Vice President Addendum 1 Addendum 2 Addendum 3 4/30/13 5/1/13 5/3/13 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 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 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 www.QCAusa.com | 866.662.6273 | DBE / WBE Certified Quest Corporation of America, Inc. 17220 Camelot Court | Land O’ Lakes, FL 34638