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Item 9E - MemoM E M O R A N D U M March 21, 2023 To: Shana Yelverton, City Manager From: Daniel Cortez, Director of Economic Development & Tourism Subject: Item 9E: Approve the holiday lighting contract with Christmas By Zenith in an amount not to exceed $253,000 Action Requested: Approve the holiday lighting contract with Christmas By Zenith in an amount not to exceed $253,000. Background Information: Since the completion of Town Square in 1999, the City has contracted holiday decorations for Southlake Town Square, for both public and private areas. These areas also include Southlake DPS Headquarters and The Marq Southlake. The City of Southlake and Kite Realty (formerly Retail Properties of America, RPAI) issued an RFP together to establish one contract for all holiday decorations in Town Square in January of 2023. This process provides a consistent and professional look for Christmas decorations in Town Square. Five (5) bids were received and reviewed and Christmas By Zenith was selected by the bid review panel made up of City of Southlake and Kite Realty employees. Based on Christmas By Zenith’s ability to provide the services requested, low bid price, and their experience, the City and Kite Realty recommend the holiday lighting contract be awarded to Christmas By Zenith. The contract is for three (3) years with the option to renew annually for an additional two (2) years. The approval of this agreement would represent the first of five-year renewals. The total cost for the first year (FY 2024) of the agreement is $253,000. Since Kite Realty also participates in this agreement, they are responsible for reimbursing the City for their portion of the services which amounts to $132,000. This brings total City expenditures for FY 2024 (Year 1) to $121,000. The new agreement with Christmas By Zenith represents a 42% increase from the prior agreement which was $84,772 annually (not including the $78,600 reimbursed by Kite Realty). The previous agreement was first entered into in 2017 and has not had any price increases since. Over the years, the quality of the decorations and lighting has deteriorated necessitating the need for new lighting and décor. Some of the modifications to this new agreement are listed below: •All lighting and decorations provided are brand new commercial grade products and not previously used for any other display. •Any decorations, lights and/or products provided by the vendor which show wear and/or deterioration during the initial contract term and any contract Item 9E renewals shall be replaced with new commercial grade products at the vendor’s expense. • The T-Mobile building has been added to Area 'B'. • The color palette for The Marq has been modified to gold, silver and champagne. • Vendor may start lighting installation on or after October 1 of each contract year. Greenery and decoration installation may start on or after November 1 of each contract year, or as agreed to in advance with vendor and City/Kite. Approval of the first year of the agreement will provide lighting and decorations that are extremely popular with citizens and visitors and will provide a festive and aesthetically pleasing backdrop for the holiday shopping season and holiday events at Town Square and other City facilities. Financial Considerations: Funding for City holiday decorations and installation services in the amount of $91,000 will be proposed in the FY 2024 Hotel Occupancy Tax budget and $30,000 in the FY 2024 CEDC budget for The Marq Southlake. For reference purposes, the total cost for all five years of the agreement is $1,129,500. The breakdown of costs is shown below: Area Cost City Areas (Area A) for initial 36 months $363,000 ($121,000 annually) City Areas (Area A) for annual renewal (2 total) $91,800 Kite Realty Areas (Area B) for initial 36 months $396,000 ($132,000 annually) Kite Realty Areas (Area B) for annual renewal (2 total) $93,450 Total Cost for 5 Years $1,129,500 * Areas are defined in the attached agreement 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 provide attractive & unique spaces for the enjoyment of personal interests, enhance resident quality of life and business vitality through tourism, collaborate with select partners to implement service solutions and providing and maintaining high-quality public assets. Legal Review: The City Attorney has reviewed the City’s contract with Christmas By Zenith. Alternatives: The City Council may alternatively also consider the following: • Approve the contract with modifications • Deny the contract Staff Recommendation: Approve the holiday lighting contract with Christmas By Zenith in an amount not to exceed $253,000. Attachments: Contract with Christmas By Zenith Staff Contacts: Daniel Cortez (817) 748-8039 CITY OF SOUTHLAKE 0 March 8, 2023 CBZ LLC, dba Christmas by Zenith 3200 Bolt Street Fort Worth, Texas 76110 Attn: 1NIr. Allan Rodger Subject: Contract Award Notification for Holiday Lighting for City of Southlake RFP2301BI80HC230001 Dear Mr. Rodger: The City of Southlake is pleased to inform you that CBZ LLC, dba Christmas By Zenith of Fort Worth, Texas is the awarded vendor for "Holiday Lighting for City of Southlake RFP2301B180HC230001" 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 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 contemplate purchasing the awarded items exclusively during the term of the contract from the successful vendors. 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 thirty-six months (36) from date of award and is eligible for up to two (2) one (1) year annual renewals City Contact: Hillary Cromer 817-748-8652 Send all billing to: City of Southlake accountspayablena,,ci.southlake.tx.us (preferred) or 1400 Main Street, Suite 420, Accounts Payable, Southlake, TX 76092 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 817-748-83 12 with any questions. Sincerely, Tim Slifka, CPPO, CPPB Purchasing Manager City of Southlake 1400 Main Street, Suite 420 Southlake, Texas 76092 tslifkana,ci. southlake.tx.us Contract and Award Accepted: Signed: Mayor John Huffman City of Southlake Attest: Amy Shelley, TRMC City Secretary Date: Approved as to Form and Legality: City Attorney Primary Responses Success: All data Is valldl Bid/No Status Bid # Quantity Item N umenc Vendor Per Each Text Notes Additional or Total Cost Decision Lease Agreement Per Scope of Services Required Success: All values provided Bid #1-1 Area A Initial Thirty Six (36) Month Agreement 1 $ 363,000.00 N/A $ 363,000,00 Success: All values provided Bid #1-2 Area A First Available One (1) Year Renewal 1 $ 91,800.00 N/A $ 91,800.00 Success: All values provided Bid #1-3 Area A Second Available One (1) Year Renewal 1 $ 91,800.00 N/A $ 91,800.00 Success: All values provided Bid #1-4 Area B Initial Thirty Six (36) Month Agreement 1 $ 396,000.00 N/A $ 396,000.00 Success: All values provided Bid #1-5 Area B First Available One (1) Year Renewal 1 $ 93,450.00 N/A $ 93,450.00 Success: All values provided Bid 41-6 Area B Second Available One (1) Year Renewal 1 $ 93,450.00 N/A $ 93,450.00 Success: All values provided Bid #1.7 Area A&B Initial Thirty Six (36) Month Lease 1 $ 759,000.00 N/A $ 759,000.00 Agreement Success: All values provided Bid #1-8 Area A&B First Available One (1) Year Renewal 1 $ 185,250.00 N/A $ 185,250,00 Success: All values provided Bid #1-9 Area A&B Second Available One (1) Year 1 $ 185,250.00 N/A $ 185,250.00 Renewal Additional Lights, Decorations, Etc..., Discount from Manufacturers List or Catalog Price Percentage (List minus %) ('Figure will enter as currency) Discount Percentage Off Manufacturers Catalog Not Bidding No Bid #2-1 List Price for Additional Lights, Decorations, 1 Etc... Additional Vendor Charges or Fees Not Specifically Listed Not Bidding No Bid #3-1 Additional Vendor Charges. Please Describe in 1 Detail. Not Bidding NO Bid 43-2 Additional Vendor Charges. Please Describe in 1 Detail. Not Bidding No Bid #3-3 Additional Vendor Charges. Please Describe in 1 Detail. Appendix B — Proposal Submittal Checklist: (To determine validity of proposal) Appendix B (pages _23_ through _32_) must be included in the proposal submittal Appendix C Conflict of Interest Form (page _32_) must be included in the proposal submittal. Form 1295 Certificate of Interested Party must be included in the proposal submittal. See Page _2_. I-IB 89, SB 252, SB 13, and SB 19 acknowledgment. See Page _29_. RFP Number: RFP2301B180HC230001 Project Title: Holiday Lighting for City of Southlake Submittal 3:00 P.M. (CST), Friday February 17, 2023 Deadline: Submit Electronically* to: https:Hsouthlake.bonfirehub.com/login * Requires email account login and password. Proposer Information: Proposer's Legal Name: 1 4ku RiQCA Address: City, State & ZipLJ Federal Employers . Identification Number # — L__3 Phone Number: 4 1� p�� Fax Number: E-Mail Address:�-�u3 Proposer Authorization 1, the undersigned, have the authority to execute this Proposal in its entirety as submitted and enter into a contract on behalf of the Proposer. WPAVt ^ O Printed Name and Position of Authorized Representative: Y ,� 'ak_�D Signature of Authorized Representative: L Signed this i day) of-xILA (month),Qm3ear) UPW Citv of Southlake RFP2301B180HC230001 Pa(ye 23 of 33 T� C H R Z S T M Es. S S X Z E N I T H Why Christmas By Zenith Christmas by Zenith has designed premiere holiday lighting display themes for businesses, residences, and municipalities. Our innovative designers bring your holiday visions to life, and our professional staff has design experience ranging from simple traditional interiors to some of the largest regional displays and drive thru parks in the Southwest. Our Commercial Interior & Exterior Packages Include: Professional Designers: Our designers create unique eye-catching displays that meet your expectations and your budget. We offer several different programs that give our commercial clients the option to add and change the look of their message each season. We are experienced and large enough to handle any project, but small enough to customize to your needs. Trained Installation Crews: Our trained and insured installation crews use quality products and innovative "property -friendly" fasteners and adhesives to protect your property from damage. Christmas by Zenith has a Full OSHA Safety Program for all our Installers. Light Smart Maintenance Program: We check and maintain your decorations throughout the season to guarantee your Lighting Display looks outstanding all season long. Green Energy Lighting: Look great and save money —we use LED lights which are not only environmentally friendly, but use 90% less energy than regular lights. Takedown: At the end of the season we promptly start our Takedown Program. Our Takedown Procedure; Organizes, Protects and Packages all of your decorations to assure next season your design shines just as bright. Convenient Storage Service: Don't use your valuable storage space —we store all of your Christmas Decorations until the next Holiday Season, in our building that is insured, alarm monitored with surveillance cameras inside and out. WE STORE IT AND GUARANTEE THAT EVERYTHING WORKS NEXT SEASON. This is the Christmas by Zenith Storage Guarantee. The Christmas Season is short, but an extremely important time of the year for our commercial customers. A poorly designed or installed Christmas display will never produce the outcome your company envisioned. Christmas by Zenith is known for its design and installation, but even more so, for our Light Smart Maintenance Program. A non -maintained display undercuts the message your company is trying to convey. Our Light Smart Maintenance Program is built around your needs. We can monitor your project frequently as you require. What you need is what you get. Christmas is a time to be "HAPPY" and Christmas by Zenith can deliver "HAPPY." C Fi R I S T 1VI A B s Y Z E N I T H References Donna Kilgo Business Administrator First Baptist McKinney 972-542-0041 Haney Parks & Recreation City of Aledo 817-631-0343 __Erica Michelle Forrester Senior Property Manager Fidelis DW Retail 469-998-8984 Junior Comacho Parks and Recreation City of Southlake 817-748-8357 Margaret Hardin Visitor & Cultural Manager City of Grapevine 817-247-3670 Jessica Morrow Facilities Manager Glenstar Properties, LLC 817-402-1103 Jason Brown The Link Manager City of Richland Hills 817-616-3775 Danny Johnson Parks & Recreation City of Duncanville 214-289-7905 Jonathan Teat Assistant Vice President Dallas Baptist University 214-333-5128 Mark Coulter General Manager Hilton Hotel, Southlake 817-305-2130 Troy Meyer Facilities Manager City of Westlake 817-490-5735 Sylvia Payette Cawley Partners Property Manager 972-808-5100 Toni Fisher City of Willow Park Planning & Development Manager 817-441-7108 Kirsey Bass First Baptist Grapevine Events Manager 817-917-6955 r:R71 I r:Aftlr: LMENDOZA CERTIFICATE OF LIABILITY INSURANCE DATE A E(MI2023 YI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER INSURICA TX Insurance Services, Inc. 700 Highlander Boulevard, Suite 340 Arlington, TX 76015 A per Liliana Mendoza PHONE FAX ac, No, Ext): (817) 471-1814 (A/C, No Et DRI' ss: Liiiana.Mendoza@INSURICA.com INSURER 5 AFFORDING COVERAGE NAIC M ;NSURER A: National American Insurance Company 23663 INSURED CBZ, LLC and Zenith Roofing Services, LLC 3200 W. Bolt St Fort Worth, TX 76110 INSURERB:Texas Mutual Insurance Company 22945 INSURER C : INSURER D : INSURER E INSURER F : f'nveDAr_Gc RPRTIFIrtATP NIIMRPP- RFVISIQN NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILT TYPE OF INSURANCE ADDINSDL SUER WVD POLICY NUMBER ' D MIDEFF POLICY E%P LIMITS A �( COMMERCIAL GENERAL LIABILITY i EACH OCCURRENCE 1,000,000 CLAIMS -MADE FV7 OCCUR MP24620342 111/2023 111/2024 DAEMI ES RENTEDnce 100,000 MED EXP (Any one person 10,000 PERSONAL& ADV :NJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY[XI JEL' - LOG GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMPlOP AGG $ 2,000,000 LIMITED CONTAM 100,000 OTHER: A AUTOMOBILE LIABILITY � COMBINED SINGLE LIMIT Ea accld q,000,OQ0 BODILY INJURY (Per person) X ANY AUTO MP24620342 111/2023 111/2024 BODILY INJURY Per accident OWNED SCHEDULED AUTOS ONLY AUTOS ROPERTY DAMAGE Per accident $ yy AUT03 ONLY AUT03yONEYY A UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ %000,000 AGGREGATE $ 51000,000 X EXCESS LIAB CLAIMS -MADE MB56220342 111/2023 V112024 DED I : RETENTION$ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE Y 1 N WQ� ICERRlMEMBEREXCLUDED? (Mandatory In NH) N/A 0002041403 91512022 9/5/2023 X STR TE OLTH- E.L. EACH ACCIDENT 1,000,000 E.L. DISEASE - EA EMPLOYE 1,000,000 $ E.L. DISEASE - POLICY LIMIT 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below A Crime PR21320342 1/112023 11112024 Crime/fidelity 100,000 A Inland Marine PR21320342 111/2023 11112024 Leased/Rented 150,000 DESCRIPTION OF OPERATIONS I LOCATIONS! VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) The General Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only When there is a written contract between the named insured and the certificate holder that requires such status. The Automobile policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status, The General Liability, Automobile & Work Comp policies includes a blanket waiver of subrogatlon endorsement that provides this feature only when there is a written contract between the named insured and the certificate holder that requires It. Umbrella Policy is a follow form Policy. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED R EPR E S ENTATIVE ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Request for Taxpayer Give Form to the Form Identification Number and Certification requester. Do not ;Rev. October2018) Department of the Treasury Send to the IRS. ntemal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name Is required on this line; do not leave this line blank. CBZ, LLC 2 Business name/disregarded entity name, If different from above Cl) 3 Check appropriate box for federal tax classification of the person whose name Is entered on line 1. Check only one of the 4 Exemptions (codes apply only to mfollowing seven boxes. certain entitles, not individuals; see a instructions on page 3): p ElIndividual/sole proprietor or ElC Corporation ❑ S Corporation ElPartnership ElTrust/estate c single -member LLC Exempt payee code (if any) a o ✓ Limited liability company. Enter the tax classification C=C corporation, S=S corporation, P=Partnershi ) ► S 8 2 Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting 1n LLC if the LLC is classified as a single -member LLC that Is disregarded from the owner unless the owner of the LLC is code (if any) 'aC another LLC that Is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that u is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ Other (see Instructions) ► (gopees roams mainramed wivda die U.S.1 N5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) rn 3200 WEST BOLT STREET 8 City, state, and ZIP code FORT WORTH, TX 76110 7 List account numbers) here (optional) Ell Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid social security number backup withholding. For individuals, this is generally your social security number ISSN). However, for a _ m TFM resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other ontniac it ie vnur —Invar ielantifinntinn r umhar (FINi- If vnu do not have a number. see How to oet a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and I Employer identification number Number To Give the Requester for guidelines on whose number to enter. 2 6- 4 6 9 3 9 8 Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2.1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions, You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. orutt I Signature of Here U.S. person ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) L MU V Date ► - 1 • Form 1 Q99- V (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-8 (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan Interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What Is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) Vision Board Samples - Southlake Town Square Outdoor Christmas Tree AMP; - RED Vision Board - The Mara Interior Christmas !ar R G.JO0 3NOA9MAHO CHAMPAGNE GOLD SILVER SILVER SILVER SILVER 12 CHAMPAGNE GOLD r CHAMPAGNE CHAMPAGNE GOLD Sample tree - 7.5' to 12' Christmas Tree Natural with dense foliage and a full profile, the Sacred Fir Christmas tree is a beautiful selection for living areas and great rooms. Realistic and rustic, the mix of PE and PVC hybrid branches create a beautiful canvas for ornaments, ribbons, pine cones or other details. The Sacred Fir Tree features hinged branches that fold down for easy assembly. Each branch is tipped in commercial grade LED lights with one-piece construction that seal out dirt and other elements. Hinged stand is included. Christmas By Zenith Bullet Points • In business 26 years • 25 years of knowledge and experience • Fully insured installers and warehouse storage • Installers keep focus on safety at all times • Onsite enclosed locked storage • Trained installation crews • Professional interior and exterior designers • Light smart maintenance program • Green Energy Lighting • Solid Installation and Takedown Program • Onsite Lighting Specialist for Tree Lighting and H OA Lighting Events • Quality Control Checks of lighting and decor throughout holiday season • Bulb replacement policy FREE of charge for burnt bulbs Term of Contract and Option to Extend Any lease contract resulting from this RFP shall be effective for thirty-six months (36) 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 two (2) 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. Pricing for additional years shall be listed in Bid Table. 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; S number of years' experience the business has: la�D ; and the number of employees: 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. Cite of Southlake RFI'2301 B180HC230001 Page 25 of 33 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: T (� Cone#jjctName: Contact Title: Phone: I r 5 J E i s \p WC Date and Scope of Work Provided: Reference #2: V Client /Company Name: OLUI(&O LEZ - Contact Name: (�Aqvw Col ct�tle: Phone: , ! g� , -1 e� O CS Email GL Date and Scope of Work rovided: TA-\G6& ` I Q 4 c'S , Reference #3: DI Client / Company Name: ro 7 Contact Name: .--^ Contact itle: Ph � � t �� Eti ail• • D and co Wor Provide —�k) yl�u Q,,-L Iu v&A "Oss M Reference #4: V 1 Client / Company Name: /� S /� LI (. ) Contact Name: ontact Title: Phone:k' EmaiUC , nn DaWtd Sc e fWork Pi ovided: ` r •� � i City of Southlake - RFP2301B180HC230001 - Page 26 of 33 xv—•, 6. 7. 8. Trade Secrets and/or Confidential Information Trade Secrets and/or Confidential Information: This proposal _ (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. Federal, State and/or Local Identification Information A. Centralized Master Bidders List registration number: B. Prime contractor HUB / MWBE registration number: C. An individual Proposer acting as a sole proprietor must also enter the Proposer's Social Security Number: # - - 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- tnail 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 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. The contractor shall provide the names, phone numbers and fee (pricing), if any, for an after-hours emergency opening of the business listed below. Business Name: Cjf4_ 7_ ; L f! C Contract #: Description Primary Co Primary Contact Phone Numbers: Home: Secondary Contact (Name): Secondary Contact Phone Numbers: Home: After Hours emergency opening fee, if applicable: $� Cell: ►I� r City of Southlake - RFP2301 BI80HC230001 - Page 27 of 33 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 RFP from the successful Proposer. 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 Proposer and be responsible for ensuring full compliance with the RFP specifications. Prior to other governmental entities placing orders, the City will notify the successful Proposer of their intent. Please indicate below if you will permit other governmental entities to purchase from your agreement withZY ity. [es, Others can purchase [ ] No, Only the City can purchase II. 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: 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, i i 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 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 ng ments: 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 assigner of liability in the event of default by the assignee. City of Southlake - RFP2301BISOHC230001 - Page 28 of 33 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 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 UP 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 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. 1. Compliance with HB 89: Proposer agrees per HB 89 vendor shall not boycott Israel at any time while providing pr ducts or services to the City of Southlake. ( providing we agree [ ] No, we do not agree [ ] N/A J. Compliance with SB 252: Proposer agrees per SB 252 vendor shall not do business with Iran.. Sudan or a foreign terrorist organization while providing products or services to the City of Southlake. [ vl"Y es, we agree [ ] No, we do not agree K. Compliance with SB 13: Proposer agrees per SB 13 vendor does not boycott energy companies as those terms are defined in the Texas Government Code § 809.001, and will not boycott energy companies during the term of any contract with the City of Southlake. (i,Yes, we agree [ ] No, we do not agree L. Compliance with SB 19: Proposer agrees per SB 19 vendor does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association as those terms are defined in the Texas Government Code § 2274.001, and that vendor will not so discriminate during the term of any contract with the City of Southlake. ( 'es, we agree [ ] No, we do not agree 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, and list the City of Southlake, its officers, and employ as an additional insured, at least the following insurance in such form, with such companies, and in such amounts (unless otherwise specified) as City may require: 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; City of Southlake - RFP2301 B 13014C230001 - Page 29 of 33 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) 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. 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 - RFP230IB180HC230001 - Page 30 of 33 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire retleets changeW made to the lase by H.B. 23, 83th Leg., Regular Session. OFRCEUSE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed_ See Section I 76.006(a- 1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Laval Government Code. An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. RZ 1 L'"lam " 2 Check this box if you are fit ing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. Name of Officer AJ Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Gomplete subparts A and B foreach employment or business relationship described. Attach additional pages to this Form CI® as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable Income, other than Investment Income, from the vendor? 1-1 Yes r No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable Income is not received from the local governmental entity? Yes Ea No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. 6 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). Signature of vendor doing bu ness with the emmental ntity Date Form provided by Texas Ethics Commission www.ethics.stale.tx.us Revised 1/1/2021 City of Southlake RFP2301 B180HC:230001 Page 32 oF33 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1041 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2023- 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. CBZ, LLC Fort Worth, TX United States Date Filed: 2/15/2023 Date Acknowledged: 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Southlake 3 Provide the identification number used by the governmental entity or state agency to track or identify description of the services, goods, or other property to be provided under the contract. the contract, and provide a RFP230113180HC230001 Holiday Lighting Services for City of Southlake Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ror�Y'Pia,; EIAINE MICHELLE CARSON NOTARY PUBLIC �( * ID# 1563908 :yT...... �P• State of Texas Comm. Exp. 05 06 2025 Signature of authorized a ent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE � / 1 �. ✓ Sworn to and subscribed before me, by the said �t. � �" ✓ � ,this the ref , / oe� day of4, 20_ 2 0 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer admin to ing oath li Forms provided by Texas Ethics Commission www.emics.state.oc.us 1 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questlonnalre raflects rhanges made to the law by H.B. 23, 94th Leg., Regular Sesslon. OFFICEUSEONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Secfion 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7lh business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 1 76.006(a- 1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. jJ Name of vendor who has a business relationship with local governmental entity. r 1" l z I L- 2 Check this box if you are (iling an update to a previously filled questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or Inaccurate.) s Name of local government officer about whom the information is being disclosed. Name of Officer 4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable Income, other than Investment Income, from the vendor? Yes [ENo B. Is the vendor receiving or likely to receive taxable income, other than investment Income, from or at the direction of the local government officer or a family member of the officer AND the taxable Income is not received from the local governmental entity? / 71 Yes No 6 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. 6 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 Signature of vendor doing bu ness with the gfj mmentai nlity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised IM2021 City of Southlnke 11171`230113180HC230001 Page 32 of 33 T� C H R I ST1ViAS RX XExiwx Night Check Job Name: Address: MapSco: Good Minor Bad Repairs Pics. Exterior Trees: Garland: Wreaths: Christmas Trees: Misc. Decor: Non-CBZ Related Checked By: Date: Time IN: Time OUT: