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Item 4G 4G - 1 13CITY OF SOUTHLAKE MEMORANDUM August 23, 2017 To: Shana Yelverton, City Manager From: Jenni Lanier, Community Relations Manager Subject: Approve contract renewal with Illumination Fireworks LLC for community fireworks and special effect displays at City events in an amount not to exceed $54,100 Action Requested: City Council approval of a contract renewal with Illumination Fireworks LLC for fireworks and special effect displays at City events in an amount not to exceed $54,100. Background Information: The City of Southlake contracts with a pyrotechnic display company to provide fireworks and special effect displays at community events such as Stars & Stripes and Home for the Holidays Tree Lighting Celebration. Illumination Fireworks LLC has been providing these services to the City of Southlake since 2011 , and the City has been very pleased with their quality of service. In September 2015, the City released a Request for Bid for fireworks and special effect displays and received three proposals from Extreme Pyrotechnics LLC, Illumination Fireworks LLC and Pyro-Tex Inc. After a formal review process, Illumination was selected as the recommended vendor based on their ability to provide the services requested, vendor experience and past history with the City. Illumination has been in business for ten years and performs hundreds of pyrotechnic displays across Texas and the U.S. each year. In addition to providing services for the City of Southlake, Illumination has also worked with the City of Houston, City of Frisco, City of Grapevine, Baylor University, Gaylord Texan Resort and the Perot Museum among other clients. The current contract with Illumination is set to expire on October 18, 2017. It was the first of four, one-year renewals available on the City of Southlake Values.- Integrity alues.Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork 4G - 2 Shana Yelverton, City Manager Meeting Date—September 19, 2017 Page 2 of 2 original contract approved by City Council October 20, 2015. Approval of the contract renewal under considered at this time will constitute the second of the possible four (4) one-year renewals. Illumination did not request a price increase for the next year so the contract terms remain the same. A copy of the proposed contract renewal is included with this memo. Financial Considerations: Funding for the purchase of community fireworks and special effect displays at Stars & Stripes is available in the FY 2018 Hotel Occupancy Tax and General Fund budgets. The fireworks display for the Home for the Holidays Tree Lighting Celebration has been funded through the generous support of our event sponsors. Strategic Link: This item is linked to the City's Strategy Map related to the focus area of Performance Management & Service Delivery and meets the corporate objectives to enhance the sense of community by providing excellent customer service and citizen engagement opportunities, collaborate with select partners to implement service solutions and enhance resident quality of life & business vitality through tourism. Citizen Input/ Board Review: City Council consideration September 19, 2017 Legal Review: N/A Alternatives: Alternatives may include: ■ City Council approval of contract renewal as presented ■ City Council approval of contract renewal with modifications ■ City Council denial of contract renewal Attachments: Proposed contract renewal with Illumination Fireworks LLC Recommendation: Approve a contract renewal with Illumination Fireworks LLC for fireworks and special effect displays at community events in an amount not to exceed $54,100. City of Southlake Values.- Integrity alues:Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork 4G - 3 crff CW SOUMLAM August 9,2017 Illumination Fireworks 1605 Crescent Circle,Suite 200 Carrollton,Texas 75006 Attn: Mr.Jason Umali Subject: Notification of Contract Renewal for Community Fireworks and Special Effect Displays for City Events RFP150913540AN150022 Dear: Mr.Umali: The City of Southlake is providing notification of contract renewal,pending City Council approval,for"Community Fireworks and Special Effect Displays for City Events RFP I509B540AN150022".This renewal shall become effective October 20,2017 pending City Council approval(CC Award date and shall continue in full force based on the terms and conditions of the initial award. The terms and conditions proposed and accepted in this renewal agreement are as follows: Payment Terms: Net 30 days(Unless otherwise noted—such as pre-and/or partial payment) Method of Payment: Shall be made by purchasing card or purchase order. Delivery Terms: FOB Destination Delivery Locations: IF STATED IN RFB DOCUMENT Term of Contract: Shall be effective for twelve months from date of renewal and is eligible for up to two(2)more one(1)year annual renewals. City Contact: Corinne Klitzke 817-748-8919 Send all billing to: City of Southlake 1400 Main Street,Suite 440,Accounts Payable Southlake,TX 76092 or Email:accountspayable a,ci.southlake.tx.us Other Charges: The City of Southlake is a tax exempt municipal corporation and is exempt from all federal, state,and local sales taxes. All other specifications, terms and conditions shall be as provided in the original procurement documents. No other attachments to or in response to this agreement will be accepted unless approved in writing by the Purchasing Manager or an authorized representative of the City of Southlake. Thank you for participating in our procurement process. Please call 817-748-8312 with any questions. Sincerely, Tim Purchasing Manager PPO, CPPB City of Southlake 1400 Main Street,Suite 440 Southlake,Texas 76092 tslifka@ci.southlake.tx.us Attest: Fax: 817-748-8048 Carol Ann Borges,TRMC Contract Renewal Accepted: City Secretary Signed: Date: Approved as to Form and Legality: Mayor Laura Hill City of Southlake City Attorney 4G - 4 ORIGINAL DOCUMENT SCX TI-ILAKE CITY OF SOUTI KE Council ActioYY Ord./Res.No.19 September 29,2016 Date Approved 10 Illumination Fireworks 1605 Crescent Circle,Suite 200 Carrollton,Texas 75006 Attn: Mr.David Rosenbaum Subject: Notification of Contract Renewal for Community Fireworks and Special Effect Displays for City Events RFP 1509B540AN 150022 Dear- Mr.Rosenbaum: The City of Southlake is providing notification of contract renewal,pending City Council approval,for"Community Fireworks and Special Effect Displays for City Events RFP1509135404N1 0022".This renewal shall become effective October 20,2016 pending City Council approval(CC Award date/ �and shall continue in full force based on the terms and conditions of the initial award. / , The terms and conditions proposed and accepted in this renewal agreement are as follows: Payment Terms. Net 30 days(Unless otherwise noted—such as pre-and/or partial payment) Method of Payment: Shall be made by purchasing card or purchase order. Delivery Terms: FOB Destination Delivery Locations: IF STATED IN RFB DOCUMENT Term of Contract: Shall be effective for twelve months from date of renewal and is eligible for up to three(3) more one(1)year annual renewals. City Contact: Ashley Newhart 817-748-8919 Send all billing to: City of Southlake 1400 Main Street,Suite 440,Accounts Payable Southlake,TX 76092 or Email:accountspayable a.ci.southlake.tx.us Other Charges: The City of Southlake is a tax exempt municipal corporation and is exempt from all federal, state,and local sales taxes. All other specifications, terms and conditions shall be as provided in the original procurement documents. No other attachments to or in response to this agreement will be accepted unless approved in writing by the Purchasing Manager or an authorized representative of the City of Southlake. Thank you for participating in our procurement process. Please call 817-748-8312 with any questions. 'ov,"t'" w Sincerely, Tim Slifka Purchasing Manag CPPD, CPPB City of Southlake +y�, 1400 Main Street,Suite 440 Southlake,Texas 76092 N� tslifkana.ci.southlake.tx.us Attest: Fax:817-748-8048 GrhtOL 11,U�G�AW 4-G )Jeri-Payae,TRMC Contr4ptkene 1 Accepted: City Secretary 09-0c TY) S Signd: Date: �� av�� Approved as to Form and Legality: ayor Laura Hill City of Southlake City Attorn 4G - 5 i ofSTJT"L,AiC ORIGINAL DOCUMENT CITY OF SOUT�� i,�KB Council Actio �i OrdJRes.No. Date Approved 5 October 12,2015 Illumination Fireworks I 1605 Crescent Circle,Suite 200 Carrollton,Texas 75006 i Attn: Mr.Benjamin Webers Subject: Contract Award Notification for Community Fireworks and Special Effect Displays for City Events RFP1509B540AN150022 1 Dear Mr.Webers: i The City of Southlake is pleased to inform you that Illumination Fireworks of Carrollton, Texas is the awarded vendor for "Community Fireworks and Special Effect Displays for City Events RFP1509B540AN150022" The award and this agreement are based on your proposal to the City, copy enclosed.This is a single vendor award contract.Your company's award is attached.This award was approved by the City of Southlake City Council on 17-X0-20►tr . The terms and conditions proposed and accepted in this agreement are as follows: Payment Terms: Net 30 days(Unless otherwise noted—such as pre-and/or partial payment) Estimated Quantities: The City does not guarantee to purchase any minimum or maximum quantity but does conteoplate purchasing the awarded items exclusively during the term of the contract from the successful vendofs. Method of Payment: Shall be made by City procurement card or purchase order Delivery Terms: FOB Destination Delivery Locations: Vendor Delivery or City employee pick-up. Term of Contract: The term of awarded contract shall remain in effect for twelve months from date of award and is eligible r for up to four(4)one(1)year annual renewals. City Contact: Dona Kinney 817-748-8918 Send all billing to: City of Southlake 1400 Main Street,Suite 440,Accounts Payable Southlake,TX 76092 or via email to accountspUable@ci,soutlilake.tx.us ci.southlake.tx.us Other Charges: The City of Southlake is a tax exempt municipal corporation and is exempt from all federal,state,and local I sales taxes. All other specifications,terms and conditions shall be as provided in the original procurement documents. No other attachments to or in response to this agreement will be accepted unless approved in writing by the Purchasing Manager or an authorized representative of the City of Southlake. Thank you for participating in our procurement process. Please call 817-748-8312 with any questions. Jli erely, ` fe TimSlifka,CPPO,CPP' o` uTH! ,, %, Purchasing Manager ``��,•�c��°.00. all dC� 110,stl, City of Southlake 1400 Main Street,Suite 440 Southlake,Texas 76092 ~ tsli$ca p.ci.southlake.tx.us Attegt: Fax:817-748-8048 °°�•....o�° ,•` Lori Payne, C ,�'�iy�� g �,•``�� Contract and Award Accepted: City Secretary Signed: J Date: ,) Appro ed as Form and Lega'ty Mayor Laura Hill City of Southlake CityAtto y 4G - 6 City of Southlake - Illumination fireworks - 2015-2016 Best and Final Offer Stars and Stripes Celebration-All Inclusive i 1. Per Event Pricing per Scope of Services $22,000 2. Per Event Reschedule S&S Event Fee See policy below 3. Per Event Cancellation of S&S Event Fee See policy below Other Vendor Charges for Stars and Stripes $50.00 Per Each Event: Southlake Fireworks Display Permit Fee 4. (TBD) &Texas Fireworks Display Permit Fee ($50.00) Boom MIMEEMMM Home for the Holidays Event-All Inclusive Option A:$5,000 5. Per Event Pricing per Scope of Services Option B:$8,000 6. Per Event Reschedule S&S Event Fee See policy below 7. Per Event Cancellation of S&S Event Fee See policy below Other Vendor Charges for Home for the $0.00 Per Event Holidays Event. 8. Southlake Fireworks Display Permit Fee(TBD) 9. Per Each Other Vendor Services: Show Design $0.00 10. Per Each Other Vendor Services:Soundtrack $0.00 Development Option A Total:$27,050 TOTAL ALL LINE ITEMS Option B Total:$30,050 • I 2016 Southlake Cancellation and Reschedule Policy Cancellation Policy(not rescheduled) • If the Client cancels the display thirty (30) or more calendar days prior to the display, the Client shall pay 30%of the cost of the display. • If the Client cancels the display fourteen (14) to twenty nine (29) calendar days prior to the display,the Client shall pay 50%of the cost of the display. • If the Client cancels the display one (1) to three (3) calendar days prior to the display,the i Client shall pay 60%of the cost of the display. • If the Client cancels the display on the date of the display,the Client shall pay 80%of the cost of the display. Reschedule Policy The decision as to whether to proceed with the display based upon inclement weather, or the imminent threat of inclement weather,shall be made by a representative of Illumination and the Client. By law, Illumination shall have complete authority to cancel the display if,in the 4G - 7 _. ._ reasonable opinion of Illumination, the health,safety,or well-being of the pyrotechnicians and/or spectators would be jeopardized by proceeding with the display. In the event the display is cancelled due to inclement weather,the following policy shall apply: Client cancellation in writing prior to 7/03/16: No charge with reschedule for a date within calendar year 2016, except for blackout date Monday, July 4,2016 and at the availability of Illumination. Client cancellation in writing on 7/03/16, prior to arrival: 10%fee or loss in show value for reschedule within calendar year 2016, except for blackout date Monday, July 4, 2016 and f at the availability of Illumination. I • Client cancellation in writing on 7/03/16, after arrival:20%fee or loss in show value for reschedule within calendar year 2016,except for blackout date Monday,July 4, 2016 and at the availability of Illumination. I i The show shall be rescheduled for a date within calendar year 2016 at the availability of Illumination and not on July 4,2016. If the display is not rescheduled within calendar year 2016, the cancellation policy shall apply. i f ' i I i i 4G - 8 ' Appendix 13--Proposal Submit.W'Chvekiist: (To determine-validity ofproposo)." appendix B(pages 10,through_19;)miist`be included inthe proposal submittal i Appendiic'C Conflict of Interest Form(page 19,)must be.inetuded in the.proposal submittal. Copy of Valid Current State of Texas Fireworks Pyrotechnic Operators License r,. RFP1509B540AN150022 . .. j�' Community Fireworks and 1 Special Effect Displays dor :City Events 3. S AY SEPTEMBER.25,2015 : I - ,S :.A-c. ::'o •:i�' h:. -.v.? 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V�. 3 tf.:.: :7s,td•,:f-: ..: .rr: ,.1>h a :gra !!rs� - :1. ll•: :1.:.: ....:.:: :..:.... .•n.jg,..,. :..... .,,....1:. .. ,:,._....:...... .. . :. s•,,: :.t,:+itis:: :i a C -dull ��• :�1 . i,,.t!. .:.,'.:1.,:::::_� �>�... 1�..�:.•,�'.,o..t t :.tin,at}' .1.�'•!:,i;�k.. �};i=;_:::.;��::,'.::�: ..,i 1 ... .. :. ..:.:.. �::: :..,:.. ,.t :.�... '.::.., .y!..i�i:�h:';i:. :.I'v I ��1.:� .;It, :.•t.$i::i;f�i':.::::;':{�:; r I learned of this Request for Proposals by the following-means. i ❑ Newspapers Advertisement City Email Notification ❑ Southlake Website ❑ Cold Call to City ❑ Mailed M*a Copy ❑ tauter ❑. SecureBid i City of Soutbl6ke - RF'P1509BS40AN150022 - Page 10 of 20 f � � t It [ If 1, f � Y r }lNt,r 4 ry��,� tni !u� Vit,p �u t>• }in ,Wy>tt,K++in"'cif ,' t' Atli t!%I,pF i;( }tjna 0I, �k. i�Kt .1 ,� r ` �. • • • SI}Nt4•r�1lP', � j 11 ��a �r 'r" ` w"Mp�+ to • • • • g} tP { t <��rt{`✓arm a f'# ' s '4 iAWA1 4f1ll�llM , 1 � ,i I' .1 v 4G - 10 Thank you for considering Illumination Fireworks as your fireworks, pyrotechnics, and special ' jL I effects provider. Please read through the enclosed information to learn about our company and find out why event producers around the country rely on Illumination Fireworks , to deliver nothing but the most exciting visual entertainment imaginable. TECHNOLOGY Fireworks and special effects can be performed utilizing a variety of firing methods. We invest in the latest digital firing equipment that can handle even the most complicated productions. Our latest computer firing systems are capable 3 of synching fireworks or other effects to music within 1/1000th of a second accuracy. Combine this technology with our wireless firing capability and we're able to fire anything, anywhere, I anytime. f i. SAFETY w Our number one priority is the safety of everyone , in attendance at your event. We will never I consider firing and effect that may be unsafe in any way. We diligently follow all Federal, State, I and Local laws and regulations. All of our technicians are experienced and receive a training regularly,year-round. .; x;. Insurance In addition to having one of the best safety records in our industry, we also provide the best insurance coverage. Our $10,000,000 policy covers our operations with the ability to add the j client and venue as additional insured for added benefit and protection. I AMAZING CLIENTS We're proud to work with companies and organizations that expect the best. , University of North Texas Beal Bank FC Dallas Professional Soccer Southern Methodist University Honda Gaylord Texan Resort Oklahoma City University ESPN NCAA Football and Soccer Baylor University Omni Hotels Clear Channel Communications Mary Kay Cosmetics Dodge American Drag Racing League Central Market Party City Perot Museum of Nature and Science I i 7 1 i +'V4. ..ti> 'A' .i.'y,�i�tl i Price and Value Customer Service Budget is always an important factor for any Our current customers always enjoy the top- organization. Consistently, we have been notch customer service they receive. As a able to deliver more "bang for the buck" family-owned company, we give individual i through innovation and exceptional logistics. attention to each show and strive to meet We strive to simplify our processes all while the needs of each and every event. Our delivering more to your event. operations take out the possibility for miscommunication by limiting the number of Quality and Design different people handing your show. In fact, how many other companies can you call Not all fireworks are created equally. Our ' dedication to quality is evident in our and reach the owner 24 hours a day, 7 days displays. Each year we work with our a week? Our competition doesn't provide suppliers to provide the most symmetrical that service,but we re proud to. bursts and brightest, most intense colors. Each effect is tested multiple times before Planning and Logistics used at an event. In all cases,we know what Operating 24/7 and 365 days a year isn't we are promising and are able to deliver easy. We've invested in back-end software exactly that. that allows our staff to track the details of each show we produce and each venue Our world-class fireworks show designers use we work in. This means our company special computer choreography software database provides our'staff with current, up that allows them to preview each show so to date information regarding your show they ensure you'll have the perfect display, and any notes that were made during the Paired with our huge inventory of planning process. These notes are shared magnificent effects, our show designers company-wide to ensure a seamless have all of the tools to paint your sky with an production process,setting your event up for amazing display. true success. 4G - 12 City of Southlake #RFP 1509B540AN 150022 We at Illumination Fireworks, LLC. thank you for fhe opportunity to present this bid for your l annual Stars and Stripes Celebration and Home for the Holidays Fireworks Shows. 1. Proposed Products and/or Servicel Illumination strives to entertain your guest with an exciting and engaging pyrotechnic display.We import only high quality product from respected vendors to use in our displays along with the latest state of the art systems to design and conduct your display. From office staff to show designers, the warehouse crew that preps your display to the onsite show crew,we work together as a team to ensure a successful display. Your display will be custom designed to meet your display requirements while paying special attention to guest location and attendance,event theme&soundtrack.We will design, implement,install, perform and tear down the displays in an efficient and timely manner.We will coordinate the displays with the Southlake Fire Marshal,Southlake Police Department and the Contract Manager as needed to ensure successful displays. 1.1 Stars and Stripes Celebration:Monday,July 4,2016 A. Product/Service Description: i For a fee of$22,050, Illumination Fireworks proposed display will be a 1.3G/1.4G (medium- level/high-level fireworks) combination display choreographed to a music soundtrack approved by the City of Southlake. Duration of the display will be twenty-one (21) to thirty (30) minutes.The fireworks presentation will include an opening, main show,and grand finale using a wide range of quality effect types from 1.75"to 3"in size.The show will be cued and fired from the top level of the west parking garage in Southlake Town Square.The display will be computer designed and fired I electronically upon command.The display can be weather proofed and only high winds, lightning or other dangerous weather will affect the show. Our goal is not to provide the highest possible number of shots, but to balance quality of shells and presentation for the best'display possible.The City of Southlake may request a different distribution of effects for the show (i.e. more in fhe finale,less in opening body). Final breakdown will depend on choreography but the show will include a minimum of the following sizes and quantities: Shell Count 1.75" 60 2" 84 2.5" 536 3" 414 Total 1094 i 4G - 13 j i Illumination Display Choreography Opening Segment The opening scene of your show is one of the most important segments of the display.Our goal is to grab the audience's attention and fill them with excitement as we set the tone, pace,and feel for the rest of the program.This is traditionally established through a barrage of special effects paired with an assortment of aerial shells. Approx.30.45 secs. Main Body After your audience is fully enthralled in the spectacle of the opening segment,we transition into the main body of the display.Our expert design team will show their creativity as we present a progression of scenes that we design specifically for you and your show. From glittering chrysanthemums to crackling palm trees, color-changing brocades to the iconic smiley face shells,each element is hand-picked through our state-of-the-art choreography program to keep your wide-eyed audience gasping in awe. Approx.20-28 mins. t Grand Finale The grand finale is the culmination of every fireworks display.This is the segment of the show that your audience will remember above everything else. Careful design and product selection are vital components of the process we use to customize your grand finale.Chains of thunderous salutes,golden willows and a variety of other shells will linger in the air and have your audience cheering for more. Approx.45-75 secs. I i . . ........... ---- 4G - 14 B. Additional Hardware Descriptions: I Illumination Fireworks fires each show electronically. By producing many large-scale displays nationwide,we also have back up personnel,equipment,and other resources if needed.This is just another way we ensure your show to be a success, C. Guarantees and Warranties: i The fireworks display will be pre-loaded, electronically fired,with continuous presentation and no "dead time"of more than 3 seconds (unless musically appropriate). In most cases,the sky will be filled with multiple effects at one time.Should unintended dead time occur in the show,the City will be refunded at a rate of$1,000 per accumulated minute of dead time.Any starting delay will be refunded at a rate of$100 per minute. (I D. Project Schedule/Delivery Date: The display will be set u b a team of qualified and trained technicians overseen b at least two p Y p Y q acne echni i y s t I State-licensed Pyrotechnicians.The show will be set up the morning of July 3rd and be fired at 9:30pm on the west parking garage in Southlake Town Square. 1.2 Home for the Holidays Event:Saturday, November 21,2015 (Future displays held the Saturday prior to Thanksgiving Day) i j v r: f j I I A. Product/Service Description: Illumination Fireworks will provide a 2 to 4 minute 1 AG (medium-level fireworks) display choreographed to a music soundtrack approved by the City of Southiake.The fireworks presentation will include an opening, main show,and grand finale using a wide range of quality effect types from 1"to 2.5"in size. - ..... . ............ _. .._._....... _.. 4G - 15 Our goal is not to provide the highest possible number of shots,but to balance quality of shells and i presentation for the best display possible.The City of Southlake may request a different distribution of effects for the show (i.e. more in the finale,less in opening body). Final breakdown will depend on choreography but the show will include a minimum of the.following sizes and quantities: Shell Count Shell Count Gerbs 12 Gerbs 24 1.5" 246 Strobes 24 2" 55 1.5" 369 Total 313 2" 65 Total 482 It t �,kss �r ri a. i 1 t f 1; Illumination Display Choreography Opening Segment The opening scene of your show is one of the most important segments of the display. Our goal is to grab the audience's attention and fill them with excitement as we set the tone, pace,and feel for the rest of the program.This is traditionally established through a barrage of special effects paired with an assortment of aerial shells. Approx.20-30 secs. 4G - 16 Main Body After your audience is fully enthralled in the spectacle of the opening segment,we transition into the main body of the display.Our expert design team will show their creativity as we present a progression of scenes that we design specifically for you and your show. From glittering chrysanthemums to crackling palm trees, color-changing brocades to the iconic smiley face shells, each element is hand-picked through our state-of-the-art choreography program to keep your wide-eyed audience gasping in awe. Approx. 1-2 mins. Grand Finale The grand finale is the culmination of every fireworks display,This is the segment of the show that your audience will remember above everything else. Careful design and product selection are vital components of the process we use to customize your grand finale. Chains of thunderous salutes,golden willows and a variety of other shells will linger in the air and have your audience cheering for more. Approx. 30-45 secs. B. Additional Hardware Descriptions: Illumination Fireworks fires each show electronically. By producing many large-scale displays nationwide,we also have back up personnel, equipment,and other resources if needed.This is 1 just another way we ensure your show to be a success. C. Guarantees and Warranties: I The fireworks display will be pre-loaded,electronically fired,with continuous presentation and no # "dead time"of more than 3 seconds (unless musically appropriate).In most cases,the sky will be filled with multiple effects at one time.Should unintended dead time occur in the show,the City will be refunded at a rate of$1,000 per accumulated minute of dead time.Any starting delay will ! be refunded at a rate of$100 per minute. D. Project Schedule/Delivery Date: The display will be set up by a team of qualified and trained technicians overseen by at least two State-licensed Pyrotechnicians.The display will be held the Saturday prior to Thanksgiving Day at Southlake Town Square and be fired at 6:30pm on the roof of Southlake Town Hall. 2. Cost of Proposed Products and/or Services A. Pricing: Pricing is inclusive of all associated cost for delivery, labor,insurance,taxes,overhead, and profit. i B.Schedule of Pricing: i Stars and Stripes Celebration--All Inclusive 1. Per Event Pricing per Scope of Services $22,000 2. Per Event Reschedule S&S Event Fee $0.00 3. Per Event Cancellation of S&S. Event Fee 10070 Other Vendor Charges for Stars and Stripes $50.00 Per Each Event:Southlake Fireworks Display Permit Fee 4. (TBD) &Texas Fireworks Display Permit Fee $50.00 4G - 17 Home for the Holidays Event-All Inclusive Option A:$5,000 7, ,7_ 4 ent Pricingper Scope of Services Option B:$8,000 ent Reschedule S&S Event Fee ' 0.00 . ervnCancellation of S&S Event Fee 100% Other Vendor Charges for Home for the $0.00 Per Event Holidays Event. 8. Southlake Fireworks Display Permit Fee TBD 9. Per Each Other Vendor Services:Show Design $0.00 10. Per Each Other Vendor Services:Soundtrack $0.00 Development Option A Total:$27,050 TOTAL ALL LINE ITEMS Option B Total:$30,050 3.Term of Contract and Option to Extend: I Any contract resulting from this RFP shall be effective for twelve months from date of award.The City anticipates that contract shall be renewed pursuant to the availability of funds and at the discretion of the City.The following clauses shall be included in the contract: A. Option Clause: It is agreed that City will have the option to extend the contract for up to four(4) additional years,in one-year intervals.To exercise this option,the City shall serve notice 30 days f prior to contract termination or to the end of any one-year extension.The Option to Extend will not be considered if funding is unavailable or if the contractor's past performance is not within the industry standard. I B. Escalation Clause:Should market conditions prevail which dictate an increase,the successful contractor may submit documentation requesting permission to increase pricing no later than 30 days after receiving notice from the City of its intent to extend the agreement. Escalation may only occur at the time of renewal and only upon securing the approval of the City in writing. Requests for price adjustments must be solely for the purpose of accommodating an increase in the contractor's cost, not profits. II Vendors shall show in this quote their anticipated percent of escalation if/when the option to extend is exercised.The percent quoted will be a maximum.In addition,the percentage proposed will be a factor in determining the best value to the City. It is the average price over the period of the contract that will be the price factor considered in the evaluation of this quote. Quotes in which negative or no escalation is shown will be considered as 0%escalation. C. Price Increases Upon Extension: If approved by the City, the Contractor shall modify the rates charged by the Contractor to reflect any changes shown in the comparative statement delivered j to the City.The maximum increase allowed under this provision shall be four percent (4%) per year. The City shall have authority,in its reasonable discretion,to determine the validity of any change in Contractor's rates.City cannot exercise the Option to Extend with any price increases unless the Vendor completes the section of the Quote requesting anticipated percentage of annual escalation. FIRST ADDITIONAL YEAR(FY 2016-2017)ESCALATION........................ 0 % SECOND ADDITIONAL YEAR(FY 2017-2018) ESCALATION......................—A-7. THIRD ADDITIONAL YEAR(FY 2018-2019) ESCALATION....................... 0 % FOURTH ADDITIONAL YEAR(FY 2019-2020) ESCALATION.................... 0 4G - 18 4. Proposer's Experience/Staff Overall Experience-Now in our 9th year of operation, Illumination Fireworks started as a father and son business and has earned a reputation for professionalism and attention to detail. From simple beginnings, Illumination has grown to perform hundreds of displays across Texas and the U.S.each year.We have'expanded our services to become a full service pyrotechnic display and special effect company with the addition of flame effects, lasers, cryo jets,fog and atmospheric effects in addition to a full selection of confetti/streamer equipment.We have performed our services for a wide range of clients from cities large and small to hotels and convention centers and from corporate events to small private functions.We are large enough to get the job done, but still small enough that you can reach the owners anytime. 1 Experience-Illumination Fireworks works with many respected clients from sports teams to corporate clients to cities large and small,to help them enhance their guest's experience.From High Level fireworks displays to confetti for a trophy presentation we can assist.We are well versed in conducting multiple displays on any given day. Current and Past Clients Include: City of Corpus Christi City of Frisco,TX r " City of Houston City of Grapevine FC Dallas Soccer Team City of Southlake Baylor University Southern Methodist University Oklahoma City University ESPN Bowl Games Emirates Airlines Sam's Club JC Penny Dodge ' Gaylord Texan Resort Perot Museum of Nature and Science A. Project Team: Experience of staff-Illumination hires and trains our own staff members,from the owners,office staff and production staff and lead technicians down to the assistant crew members everyone is on the same page and dedicated to safely conducting your display and making sure you receive the full value of your entertainment monies spent with us.All Lead Technicians are state licensed and trained in house following established guidelines and procedures. Staff Highlights: David Rosenbaum, President-State Licensed Fireworks Pyrotechnics Operator,Special Effects Operator and Flame Effects Operator. Lead Show Designer.David provides consulting services for numerous companies across the United States and South America.David has performed thousands of professional displays. Steve Rosenbaum,Vice President-State Licensed Fireworks Pyrotechnics Operator and Special Effects Operator.Steve has performed thousands of professional displays. i 4G - 19 Craig Rosenbaum,Chief Financial Officer-State Licensed Fireworks Pyrotechnics Operator, Special Effects Operator and Flame Effects Operator.CDL Class C with Hazmat.Craig has performed hundreds of professional displays. Jason Love,General Manager-State Licensed Fireworks Pyrotechnics Operator,Special Effects Operator and Flame Effects Operator. CDL Class B with Hazmat.Assistant Show Designer.Jason ' has performed hundreds of professional displays. '( Benjamin Webers,Sales Manager-Special Effects Operator.Proposal Author. Benjamin will also serve as your single point of contact. Direct- (469)208-8548 B. Removal or Replacement of Staff:If an assigned staff person must be removed or replaced for any reason, the replacement person must be approved by City prior to joining the project. C. Business Establishment:State the number of years the Proposer's business has been established and operating. If Proposer's business has changed names or if the principals operating the business operate any similar businesses under different names,or have operated any other businesses or changed the legal status or form of the business within the last five (5) years,all names, of predecessor business names, affiliated entities,and previous business entities operated by the principals,if different than present, must be provided; State the number of years' experience the business has: 9 : and the number of employees: 65 D. Project Related Experience: Illumination Fireworks, LLC specializes in low to mid-level fireworks displays for events of all sizes.We successfully perform displays of the proposed type 1-3 times per week,year-round.This is not an uncommon performance for us.Each show is custom designed to take full advantage of the unique venue.Since the majority of our displays are of this scope,we spend most of our research and development on perfecting our firework displays, as well as, working with vendors to create custom effects for maximum performance and entertainment value.All of our suppliers carry product liability insurance and we only purchase the highest quality fireworks.Illumination Fireworks is also aware of the unique firing site being a parking garage.We fire effects from rooftops on a regular basis, and are aware of extra precautions that must be taken to-ensure a safe performance. Last, by being located in Carrollton,Texas,we are available to you 24/7 and are familiar with the area and the high level of service that the City of Southlake and its citizens demand. References Reference # 1 Client/Company Name:City of Rockwall Contact Name: Brad Griggs Contact Title:Assistant City Manager Phone: 972-771-7761 Email: bgriggs@rockwall.com Date and Scope of Work Provided: 4t"of July(1.3G High-Level Fireworks)-2011,2012,2013,2014,2015 Rubber Duck Regatta (1.4G Medium-Level Fireworks)-2014,2015 Reference # 2 Client/Company Name:Town of Little Elm Contact Name:Chad Hyde Contact Title: Parks & Recreation Director Phone:972-377-5564 Email:chyde@littleelm.org 4G - 20 _ Date and Scope of Work Provided: 41h of July(1.3G High-Level Fireworks)-2012,2013,2014,2015 Fall/Christmas Festival(1 AG Medium-Level Fireworks)-2011,2013,2014 Little Elm 5k(Flame Effects) -2015 Reference #3 Client/Company Name: City of Glen Rose(Somervell County Water District) Contact Name: Kevin Taylor Contact Title:General Manager Phone:254-897-4141 Email: ktaylor@scwd.com Date and Scope of Work Provided: .4th of July(1.3G High-Level Fireworks)-2011,2012,2013,2014,2015 Reference# 4 I s Client/Company Name: City of Jacksboro Contact Name:Jacky Hall Contact Title: Parks& Recreation Director Phone: 940-229-8084 Email:jhall@cityofjacksboro.com Date and Scope of Work Provided: j 4th of July(1.3G High-Level Fireworks)-2012,2013,2014,2015 i 6. Trade Secrets and/or Confidential Information: This proposal X (does)_(does not) contain trade secrets and/or confidential information.If applicable,describe such trade secrets and confidential information,and the basis for your assertion that such material qualifies for legal protection from disclosure. r s' 7. Federal,State and/or Local Identification information A.Centralized Master Bidders List registration number: None B. Prime contractor HUB/ MWBE registration number: None C.An individual Proposer acting as a sole proprietor must also enter the Proposer's Social Security Number: # - - (N/A) Emergency Business Services Contact Notice During a natural disaster, or homeland security event,there may be a need for the City of Southiake to access your business for products or services after normal business hours and/or i holidays.The City may request City employee pick up or vendor delivery of product or services. For this purpose, a primary and secondary emergency contact name and phone number are required.It is critical the vendor's emergency contact information remains current.City shall be contacted by Email with any change to a contact name or phone number of these emergency contacts. Updates may be emailed to vendors@ci.southlake.tx.us.All products or services requested during an emergency event are to be supplied as per the established contract prices, terms and conditions.The vendor shall provide the fee (pricing) for an after-hours emergency opening of the business,if any.In general, orders will be placed using a City of Southlake procurement card (Master Card) or City issued Purchase Order.The billing is to include the emergency opening fee,if applicable. 4G - 21 i The contractor shall provide the names, phone numbers and fee (pricing),if any,for an after-hours j emergency opening of the business listed below. Business Name: _Illumination Fireworks LLC Contract #:_ RFP1509B540AN150022 Description: Community Fireworks and Special Effect Displays for City Events Primary Contact (Name): David Rosenbaum Primary Contact Phone Numbers: Home: 469-208-8539 Cell: 214-674-1465 Secondary Contact (Name): Jason Love ! Secondary Contact Phone Numbers: Home: 979-587.0477 Cell: 979-587-0477 After Hours emergency opening fee,if applicable:$ 0 R 9. Cooperative Governmental Purchasing Notice Other governmental entities maintaining interlocal agreements with the City, may desire, but are not obligated,to purchase goods and services defined in this RFB from the successful Bidder.All purchases by governmental entities,other than the City,will be billed directly to and paid by that governmental entity.The City will not be responsible for another governmental entity's debts.Each governmental entity will place their own orders with the successful Bidder and be responsible for ensuring full compliance with the RFB specifications. Prior to other governmental entities placing orders,the City will notify the successful Bidder of their intent. Please indicate below if you will permit other governmental entities to purchase from your agreement with the City. ? [X] Yes, Others can purchase [ 1 No, Only the City can purchase 1 j i i i j I`4 I i j I .l 1 1 i j 4G - 22 R Issued To; License Number LOVE, JASON C FPO-9733±04 1305 W VILLA MARIA RD APT E105 Expiration Date:02-02-2016 f BRYAN TX' 77801-4219 EFFECTIVE DATE: 02-62.2012. FIREWORK Y. C LICENSE TM T O OF E DATE ISSUED:January 7,2015 Chris Connealy,.8%te F(re Marshal s SNI81 Rev:•7.'�D9 TWS'i�EPARTMENT OPfN;URAh►CE STATE FIRE MARSHALS OFFICE To receive neinrs and updates from the SFMO conceming Fire lndustry LOVE,J C Licensing,sign up for the SFMO Licensing eNews Update at License N 04 httP:/lwwwtdi.texas.gov/aleit/esfi olicensing.htmt PYR+o7 P E**.,02-02 t9ss Signa a rLteanseJPernut. tl •. .1 /" ` TE FIRl3'MArtSHAI` F.FFPCTIVE t1ATE:. 02-02.2013 LOVE,JASON C 1062 KINGSTON DRIVE LEWISVILLE TX 75067 4G - 23 Issued To: License.Nurnber ROSENBAUM., DAVID SCOTT --_:.,. FROA745887 i 60.8 Horizon Expiration Date:05-012016 l Flower Mound TX 75028FFEcriy9on7e: 05:014600 F FIREWQR 1C .. LICENSE RTM T D A r 11 DATE ISSUED:March 11,2015 ChrisConngaly,State Fire Marshal r 5Et1$�;(U115 TEXAS DEPARTMENT OF INSURANQE STATE Ft R6 MARSNALIS OFFlw To receive news and updates from the SFMO concerning Fire Industry ROSENSA I . lD SCOTT Liaensing,.sign up for the SFMO licensing,eNew.s Update at License : 887 htipJ/www.tdi.texas.gov/aiertfesfmoiicensing.html PYRo Expires:05-0. 4907 SignatrueAl LtcenselF�enni 1 r XA A7E FIRE.E09CTWff nATt;: 0341.200 ROSENBAUM,DAVID SCOTT ' 1605 CRESCENT CIR STE 200 CARROLLTON TX 75006-3500 i 4G - 24 I Appendix B--Proposal(continued) I. REQUIRED PROPOSAL INFORMATION. IN ORDER FOR A PROPOSAL TO BE CONSIDERED COMPLETE,.AND TO BE EVALUATED FOR A CONTRACT AWARD BY THE CITY,PROPOSER MUST SUBMIT ALL OF THE FOLLOWING INFORMATION: 1. Proposed Products and/or Services A. Product or Service Description: Proposers should utilize this section to describe the technical aspects, capabilities, features and options of the product and/or service proposed in accordance with the required Scope of Services as identified in Appendix A. Promotional literature, brochures,or other technical information may be used. B. Additional Hardware Descriptions: Proposers should also include in this section a detailed description of what additional hardware and/or software, if any,would be required by the City in order to fully utilize the goods and/or services proposed. C. Guarantees and Warranties: Each Proposer shall submit a complete copy of anywarranties or guarantees provided by the manufacturer or Proposer with the Proposal submitted. D. Project Schedule/Delivery Date: Proposer must provide a project schedule noting all projected completion dates for segments of the Project,from start-up to completion,and all delivery dates for goods covered by the RFP. The Proposal must show the number of days required to deliver and install the product or equipment after the receipt of the City's Purchase Order. 2. Cost of Proposed Products and/or Services A. Pricing: Pricing shall reflect the full Scope of Services defined herein, inclusive of all associated cost for delivery,labor,insurance,taxes,overhead,and profit. B. Schedule of Pricing: Proposer shall quote unit pricing in accordance with the itemized listing of products or contract segments stated in the Scope of Services and using the following format: Stars and Stripes Celebration — All per Event Inclusive Pricing per Scope of Services $ 72. !1. per Event Reschedule S&S Event Fee $ 3. Per Event Cancellation of S&S Event Fee $ Other Vendor Charges for Stars and Stripes Event. Please $ Describe: $ 4. Per Each $ Home for the Holidays Event — All 5. Per Event Inclusive Pricing per Scope of Services $ 6. Per Event Reschedule H for H Event Fee $ 7. Per Event Cancellation of H for H Event Fee $ Other Vendor Charges for Home for the Holidays Event. Please Describe: $ 8. Per Each $ City of Southlake - RFP1509B540AN150022 - Page 11 of 20 4G - 25 Other Vendor Services:Please List: 9. Per $ Other Vendor Services:Please List: 10. Per $ Other Vendor Services:Please List: 11. Per $ Other Vendor Services:Please List: 12. Per $ Other Vendor Services:Please List: 13. Per $ Other Vendor Services:Please List: 14. Per $ Other Vendor Services:Please List: 15. Per $ Other Vendor Services:Please List: 16. Per $ Other Vendor Services:Please List: 17. Per $ Other Vendor Services:Please List: 18. Per $ Other Vendor Services:Please List: 19. Per $ Other Vendor Services:Please List: 20. Per $ Other Vendor Services:Please List: 21. Per $ Other Vendor Services:Please List: 22. Per $ i TOTAL ALL LINE ITEMS $ 3. Term of Contract and Option to Extend Any contract resulting from this RFP shall be effective for twelve months from date of award. The City anticipates that contract shall be renewed pursuant to the availability of funds and at the discretion of the City. The following clauses shall be included in the contract: A. Option Clause: It is agreed that City will have the option to extend the contract for up to four(4) additional years,in one-year intervals. To exercise this option, the City shall serve notice 30 days prior to contract termination or to the end of any one-year extension.The Option to Extend will not be considered if funding is unavailable or if the contractor's past performance is not within the industry standard. B. Escalation Clause: Should market conditions prevail which dictate an increase, the successful contractor may submit documentation requesting permission to increase pricing no later than 30 days after receiving notice from the City of its intent to extend the agreement.Escalation may only City of Southlake - RFP1509B540AN150022 - Page 12 of 20 .. ............ 4G - 26 occur at the time of renewal and only upon securing the approval of the City in writing. Requests for price adjustments must be solely for the purpose of accommodating an increase in the contractor's cost,not profits. Vendors shall show in this quote their anticipated percent of escalation if/when the option to extend is exercised. The percent quoted will be a maximum. In addition,the percentage proposed will be a factor in determining the best value to the City. It is the average price over the period of the contract that will be the price factor considered in the evaluation of this quote.Quotes in which negative or no escalation is shown will be considered as 0%escalation. C. Price Increases Upon Extension; If approved by the City, the Contractor shall modify the rates charged by the Contractor to reflect any changes shown in the comparative statement delivered to the City. The maximum increase allowed under this provision shall be four percent(4%)per year. i The City shall have authority,in its reasonable discretion,to determine the validity of any change in Contractor's rates.City cannot exercise the Option to Extend with any price increases unless the Vendor completes the section of the Quote requesting anticipated percentage of annual escalation. FIRST ADDITIONAL YEAR(FY 2016-2017)ESCALATION........................ % SECOND ADDITIONAL YEAR(FY 2017-2018)ESCALATION....................... % THIRD ADDITIONAL YEAR(FY 2018-2019)ESCALATION...................... % FOURTH ADDITIONAL YEAR(FY 2019-2020)ESCALATION................... % 4. Proposer's Experience/Staff A. Project Team: Identify all members of the Proposer's team (including both team members and management)who will be providing any services proposed and include information which details their experience. B. Removal or Replacement of Staff:If an assigned staff person must be removed or replaced for any reason,the replacement person must be approved by City prior to joining the project. C. Business Establishment: State the number of years the Proposer's business has been established and operating. If Proposer's business has changed names or if the principals operating the business operate any similar businesses under different names, or have operated any other businesses or changed the legal status or form of the business within the last five (5) years, all names, of predecessor business names, affiliated entities, and previous business entities operated by the principals,if different than present,must be provided; j State the number of years' experience the business has: ; and the number of employees: i D. Project Related Experience: All Proposals must include detailed information that details the Proposer's experience and expertise in providing the requested services that demonstrates the Proposer's ability to logically plan and complete the requested project. City of Southiake - RFP1509B540AN150022 - Page 13 of 20 4G - 27 !I ' l 5. References Proposer shall provide four(4)references where Proposer has performed similar to or the same types of services as described herein. Reference#1: Client/Company Name: Contact Name: Contact Title: Phone: Email: Date and Scope of Work Provided: s I II � i Reference#2: Client/Company Name: Contact Name: Contact Title: I Phone: Email: Date and Scope of Work Provided: Y i Reference#3: Client/Company Name: Contact Name: Contact Title: Phone: Email: I Date and Scope of Work Provided: Reference#4: Client/Company Name: Contact Name: Contact Title: Phone: Email: Date and Scope of Work Provided: I. City of Southlake - RFP1509B540AN150022 - Page 14 of 20 4G - 28 i I 6. Trade Secrets and/or Confidential Information j Trade Secrets and/or Confidential Information: This proposal (does)_(does not)contain trade l secrets and/or confidential information. If applicable, describe such trade secrets and confidential i information, and the basis for your assertion that such material qualifies for legal protection from disclosure. 7. Federal,State and/or Local Identification Information i A. Centralized Master Bidders List registration number: B. Prime contractor HUB/MWBE registration number: i I C. An individual Proposer acting as a sole proprietor must also enter the Proposer's Social Security j Number:# 8. Emergency Business Services Contact Notice During a natural disaster,or homeland security event,there may be a need for the City of Southlake to access your business for products or services after normal business hours and/or holidays. The City may request City employee pick up or vendor delivery of product or services. For this purpose,a primary and secondary emergency contact name and phone number are required. It is critical the vendor's emergency contact information remains current. City shall be contacted by E- mail with any change to a contact name or phone number of these emergency contacts.Updates may be emailed to vendorsna.ci.southlake.tx.us. All products or services requested during an emergency event are to be supplied as per the established contract prices, terms and conditions. The vendor shall provide the fee (pricing) for an after-hours 1 emergency opening of the business,if any. In general,orders will be placed using a City of Southlake procurement card (Master Card) or City issued Purchase Order. The billing is to include the emergency opening fee,if applicable. j i The contractor shall provide the names, phone numbers and fee (pricing), if any, for an after-hours 's emergency opening of the business listed below. I Business Name: i Contract#: Description: 1 I Primary Contact(Name): i Primary Contact Phone Numbers:Home: Cell: ! Secondary Contact(Name): Secondary Contact Phone Numbers:Home: Cell: i After Hours emergency opening fee,if applicable:S i City of Sonthlake - RFP1509B540AN150022 - Page 15 of 20 ------------ - ------— - -- - 4G - 29 i 9. Cooperative Governmental Purchasing Notice Other governmental entities maintaining interlocal agreements with the City,may desire,but are not obligated, to purchase goods and services defined in this RFB from the successful Bidder. All purchases by governmental entities, other than the City, will be billed directly to and paid by that governmental entity. The City will not be responsible for another governmental entity's debts. Each governmental entity will place their own orders with the successful Bidder and be responsible for ensuring full compliance with the RFB specifications. Prior to other governmental entities placing orders,the City will notify the successful Bidder of their intent. t Please indicate below if you will permit other governmental entities to purchase from your agreement with the City. [ ] Yes, Others can purchase [ ] No, Only the City can purchase 11 CONTRACT TERMS AND CONDITIONS EXCEPT WHERE PROPOSER MAKES SPECIFIC EXCEPTION IN THE SUBMITTED PROPOSAL,ANY CONTRACT RESULTING FROM THIS ! RFP WILL CONTAIN THE FOLLOWING TERMS AND CONDITIONS, WHICH PROPOSER HEREBY ACKNOWLEDGES, AND TO WHICH PROPOSER AGREES BY SUBMITTING A PROPOSAL: s 1. Delivery of Products and/or Services A. Payment Terms: Unless otherwise specified in the Scope of Services or otherwise agreed to in writing by the City,payment terms for the City are Net 30 days upon receipt of invoice. B. Warranty of Products and Services:All products furnished under this contract shall be warranted to be merchantable and good quality and fit for the purposes intended as described in this Proposal,to the satisfaction of City and in accordance with the specifications, terms, and conditions of the Scope of Services,and all services performed shall be warranted to be of a good and workmanlike quality,in addition to,and not in lieu of,any other express written warranties provided. C. Late Delivery or Performance: If Proposer fails to deliver acceptable goods or services within the timeframes established in the Project Schedule,the City shall be authorized to purchase the goods or services from another source and assess any increase in costs to the defaulting Proposer,who agrees to pay such costs within ten days of invoice. D. Title to Goods and Risk of Loss: For goods to be provided by Proposers hereunder,if any,the title and risk of loss of the goods shall not pass to City until City actually receives,takes possession, and accepts the goods and the installation of such goods,has tested the system,and determined that i it is in good and acceptable working order. 2. Miscellaneous A. Independent Contractor:Proposer agrees that Proposer and Proposer's employees and agents have no employer-employee relationship with City. Proposer agrees that if Proposer is selected and awarded a contract, City shall not be responsible for the Federal Insurance Contribution Act (FICA) payments, Federal or State unemployment taxes, income tax withholding, Workers Compensation Insurance payments, or any other insurance payments, nor will City furnish any medical or retirement benefits or any paid vacation or sick leave. B. Assi ents: The rights and duties awarded the successful Proposer shall not be assigned to another without the written consent of the Purchasing Manager. Such consent shall not relieve the j assigner of liability in the event of default by the assignee. C. Liens: Proposer shall indemnify and save harmless the City against any and all liens and encumbrances for all labor,goods, and services which may be provided to the City by Proposer or City of Southlake - RFP1509B540AN150022 - Page 16 of 20 4G — 30 a Proposer's vendor(s), and if the City requests,a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. D. Gratuities / Bribes: Proposer certifies that no bribes in the form of entertainment, gifts, or otherwise,were offered or given by the successful Proposer,or its agent or representative,to any City officer, employee or elected representative,with respect to this RFP or any contract with the City,and that if any such bribe is found to have been made this shall be grounds for voiding of the contract E. Financial Participation: Proposer certifies that it has not received compensation from the City to participate in preparing the specifications or RFP on which the Proposal is based and acknowledges that this contract may be terminated and/or payment withheld if this certification is 4 inaccurate. F. Required Licenses:Proposer certifies that he holds all licenses required by the State of Texas for a provider of the goods and/or services described by the Scope of Services herein. G. Authority to Submit Proposal and Enter Contract: The person signing on behalf of Proposer certifies that the signer has authority to submit the Proposal on behalf of the Proposer and to bind the Proposer to any resulting contract. H. Compliance with Applicable Law: Proposer agrees that the contract will be subject to, and Proposer will strictly comply with, all applicable federal, state, and local laws, ordinances,rules, and regulations. 3. Financial Responsibility Provisions A. Insurance: The Proposer, consistent with its status as an independent contractor, shall carry,and shall require any of its subcontractors to carry,at least the following insurance in such form,with such companies,and in such amounts(unless otherwise specified)as City may require: i. Worker's Compensation and Employer's Liability insurance, including All States Endorsement, to the extent required by federal law and complying with the laws of the State of Texas; ii. Commercial General Liability insurance, including Blanket Contractual Liability, Broad Form Property Damage, Personal Injury, Completed Operations/Products Liability, Premises Liability, Medical Payments, Interest of Employees as additional insureds, and Broad Form General Liability Endorsements,for at least One Million Dollars($1,000,000) E Combined Single Limit Bodily Injury and Property Damage on an occurrence basis; iii. Comprehensive Automobile Liability insurance covering all owned, non-owned or hired automobiles to be used by the Contractor, with coverage for at least One Million Dollars ($1,000,000)Combined Single Limit Bodily Injury and Property Damage. l B. Indemnification: Proposer agrees to defend, indemnify and hold harmless the City,all of its officers,Council members,agents and employees from and against all claims,actions,suits, demands, proceedings, costs, damages and liabilities, including reasonable attorneys' fees, court costs and related expenses,arising out of,connected with,or resulting from any acts or omissions of Proposer or any agent,employee,subcontractor,or supplier of Proposer in the execution or performance of this contract without regard to whether such persons are under the direction of City agents or employees. City of Southlake - RFP1509B540AN150022 - Page 17 of 20 4G - 31 Appendix C — Form CIQ INFORMATION RF!GARPING VENDOR CJJNFI,ICT QF INTEREST OUESTIONNAIRE WHO: The following persons must file a Conflict of Interest Questionnaire with the City if the person has an employment or business relationship with an officer of the City that results in taxable income exceeding$2,500 ' during the preceding twelve—month period,or an officer or a member of the officer's family has accepted gifts with an aggregate value of more than$250 during the previous twelve—month period and the person engages in any of the following actions: 1. contracts or seeks to contract for the sale or purchase of property,goods or services with the City, including any of the following: a. written and implied contracts,utility purchases,purchase orders,credit card purchases and any purchase of goods and services by the City; b. contracts for the purchase or sale of real property,personal property including an auction of property; c. tax abatement and economic development agreements; 2. submits a bid to sell goods or services,or responds to a request for proposal for services; 3. enters into negotiations with the City for a contract;or 4. applies for a tax abatement and/or economic development incentive that will result in a contract with the City. THE FOLLOWING ARE CONSIDERED OFFICERS OF THE CITY: I. Mayor and City Council Members; 2. City Manager; 3. Board and Commission members and appointed membessby the Mayor and City Council; 4. Directors of 4A and 4B development corporations; 5. The executive directors or managers of 4A and 4B development corporations;and 6. Directors of the City of Southlake who have authority to sign contracts on behalf of the City. EXCLUSIONS: A questionnaire statement need not be filed if the money paid to a local government official was a political contribution,a gift to a member of the officer's family from a family member;a contract or purchase of less than$2,500 or a transaction at a price and subject to terms available to the public;a payment for food,lodging, i transportation or entertainment; or a transaction subject to rate or fee regulation by a governmental entity or agency. WHAT: A person or business that contracts with the City or who seeks to contract with the City must file a "Conflict of Interest Questionnaire"{FORM CIQ}which is available online at www.ethics.state.tx.us and a copy of which is attached to this guideline.The form contains mandatory disclosures regarding"employment or business relationships" with a municipal officer. Officials may be asked to clarify or interpret various portions of the questionnaire. WHEN:The person or business must file: 1. the questionnaire—no later than seven days after the date the person or business begins contract discussions or negotiations with the municipality, or submits an application,responds to a request for proposals or bids,correspondence,or other writing related to a potential contract or agreement with the City;and 2. an updated questionnaire—within seven days after the date of an event that would make a filed questionnaire incomplete or inaccurate. It does not matter if the submittal of a bid or proposal results in a contract.The statute requires a vendor to file a FORM CIQ at the time a proposal is submitted or negotiations commence. WHERE: The vendor or potential vendor must mail or deliver a completed questionnaire to the Finance Department.The Finance Department is required by law to post the statements on the City's website. ENFORCEMENT:Failure to file a questionnaire is a Class C misdemeanor punishable by a fine not to exceed $500.It is an exception to prosecution that the person files a FORM CIQ not later than seven business days after the person received notice of a violation. NOTE:The City does not have a duty to ensure that a person files a Conflict of Interest Questionnaire. City of Southlake - RFP1509B540AN150022 - Page 18 of 20 I 4G - 32 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reftects changes made to the law by H.S.1481,80th Leg.,Regular Session. OFFICEt1SEONLY f 'Phis questionnaire is being filed in accordance with Chapter 176.Local Govemment Code Dam Rea&ed by a person who has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the person meets requirements under Section 176.006(a). By lawthis questionnaire must be filed with the records administratorof the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006,Local Government Code. A person commits an offense If the person knowingly violates Section 176.006,Local Government Code.An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity. WA 2 Check this box if you are filing an updateto a previously filed questionnaire. i (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the.71h business day after the date the originally Bled questionnaire becomes incomplete or Inaccurate.) 3 Name of local government officer with whom filer has employment or business relationship. Name of Officer This section (item 3 including subparts A, 8,C 8 D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a),Local Government Code. Attach additional pages to this Form CIO as necessary. A. Is the local government officer named in this section receiving or Ilk*to receive taxable income,other than investment income,from the filer of the questionnaire? i El Yes F-1 No i B. Is the filer of the questionnaire receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? L..._J Yes Q No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer-serves as an officer or director,or holds an ownership of 1D percent or more? a Yes No D. Describe each employment or business relationship with the local government officer named in this section. 4 Signature of person doing business with the governmental entity Date Adopted 08128/2007 City of Southlake - R"1509B540AN150022 - Page 19 of 20 i . I