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PSA with Blue Medium, Inc. DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 202t - 3 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND BLUE MEDIUM, INC. FOR PUBLIC RELATIONS/ARTISTIC SERVICES FOR CITY OF MIAMI BEACH MAR 1 0 2022 This Professional Services Agreement("Agreement") is entered into this day of 20 ("Effective Date"), between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 (the "City"), and BLUE MEDIUM, INC., a New York corporation whose address is 526 West 26th Street, Rm. 708 New York, NY 10001 ("Consultant"). SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Consultant, including any exhibits and amendments thereto. City Manager: The chief administrative officer of the City. City Manager's Designee: The City staff member who is designated by the City Manager to administer this Agreement on behalf of the City. The City Manager's designee shall be the Tourism & Culture Department Director. Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an independent contractor, and not an agent or employee of the City. Services: All services, work and actions by the Consultant performed or undertaken pursuant to the Agreement. Fee: Amount paid to the Consultant as compensation for Services. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305) 673-7000, Ext. 6435; and fax number(305) 673-7023. SECTION 2 SCOPE OF SERVICES 2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall provide the work and services described in Exhibit"A" hereto (the"Services"). 2 DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 Although Consultant may be provided with a schedule of the available hours to provide its Services, the City shall not control nor have the right to control the hours of the Services performed by the Consultant; where the Services are performed (although the City will provide Consultant with the appropriate location to perform the Services); when the Services are performed, including how many days a week the Services are performed; how the Services are performed, or any other aspect of the actual manner and means of accomplishing the Services provided. Notwithstanding the foregoing, all Services provided by the Consultant shall be performed in accordance with the terms and conditions set forth in Exhibit "A" and to the reasonable satisfaction of the City Manager. If there are any questions regarding the Services to be performed, Consultant should contact the following person: Brandi Reddick Cultural Affairs Manager 1755 Meridian Avenue, 5th Floor Miami Beach, FL 33139 BrandiReddick(a)miamibeachfl.cov or(305) 673-7577 x26256 2.2 Consultant's Services, and any deliverables incident thereto, shall be completed in accordance with the timeline and/or schedule in Exhibit"A" hereto. SECTION 3 TERM The term of this Agreement("Term") shall commence on November 15, 2021 with the Effective Date set forth on p. 1 hereof, and expire on November 14, 2022 with no renewal option, to be exercised at the City Manager's sole option and discretion, by providing Consultant with written notice of same no less than thirty(30) days prior to the expiration of the initial term. Notwithstanding the Term provided herein, Consultant shall adhere to any specific timelines, schedules, dates, and/or performance milestones for completion and delivery of the Services, as same is/are set forth in the timeline and/or schedule referenced in Exhibit"A" hereto. SECTION 4 FEE 4.1 In consideration of the Services to be provided, Consultant shall be compensated on a fixed fee basis, in the amount of$60,000.00, for a total annual amount not to exceed $60,000 4.2 NO REIMBURSABLES WILL BE AUTHORIZED UNDER THIS AGREEMENT. THE AGREEMENT IS EXECUTED ON A FIXED FEE BASIS OF $60,000.00. 4.3 The fixed fee is payable as follows: (A) 25%, in the amount of$15,000.00, within 30 days from the Effective Date and upon delivery of quarterly Media and Activity Reports; 3 ' DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 (B) 25%, in the amount of $15,000.00 upon completion of six months of service and upon delivery of quarterly Media and Activity Reports; (C)25%, in the amount of$15,000.00 upon completion of nine months of service and upon delivery of quarterly Media and Activity Reports; (D) 25%, in the amount of $15,000.00, upon completion of, and acceptance of, the Services and all Deliverables (Itemized in "Exhibit A") by the City ("Final Payment"). 4.4 [INTENTIONALLY OMMITED] 4.5 INVOICING Upon receipt of an acceptable and approved invoice, payment(s) shall be made within forty-five (45) days for that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular invoice). Invoices shall include a detailed description of the Services (or portions thereof) provided, and shall be submitted to the City at the following address: Brandi Reddick Cultural Affairs Manager 1755 Meridian Avenue, 5th Floor Miami Beach, FL 33139 BrandiReddick@miamibeachfl.gov SECTION 5 TERMINATION 5.1 TERMINATION FOR CAUSE If the Consultant shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants, agreements, or stipulations material to this Agreement, the City, through its City Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Consultant of its violation of the particular term(s) of this Agreement, and shall grant Consultant ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City may terminate this Agreement without further notice to Consultant. Upon termination, the City shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Consultant. The City, at its sole option and discretion, shall be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's rights and remedies against Consultant. The City shall be entitled to recover all costs of such actions, including reasonable attorneys'fees. 4 f , DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 5.2 TERMINATION FOR CONVENIENCE OF THE CITY THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF SUCH NOTICE. ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY CONCERN, AS DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S SOLE DISCRETION, THE CITY MANAGER, PURSUANT TO A VERBAL OR WRITTEN NOTIFICATION TO CONSULTANT, MAY IMMEDIATELY SUSPEND THE SERVICES UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE ALTERNATIVE, TERMINATE THIS AGREEMENT ON A GIVEN DATE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, CONSULTANT SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT. 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 5.2. SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION Consultant agrees to indemnify, defend and hold harmless the City of Miami Beach and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its officers, employees, agents, contractors, or any other person or entity acting under Consultant's control or supervision, in connection with, related to, or as a result of the Consultant's performance of the Services pursuant to this Agreement. To that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Consultant shall in no way limit the Consultant's responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The parties agree that one percent (1%) of the total compensation to Consultant for performance of the Services under this Agreement is the specific consideration from the City to 5 DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 the Consultant for the Consultant's indemnity agreement. The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 6.2 INSURANCE REQUIREMENTS The vendor shall maintain the below required insurance in effect prior to awarding the contract and for the duration of the contract. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage may be treated as a material breach of the contract, which could result in withholding of payments or termination of the contract. A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440, and Employer Liability Insurance for bodily injury or disease. Should the Vendor be exempt from this Statute, the Vendor and each employee shall hold the City harmless from any injury incurred during performance of the Contract. The exempt Vendor shall also submit (i) a written statement detailing the number of employees and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees during the term of this contract or(ii) a copy of a Certificate of Exemption. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal &advertising injury with limits no less than $100,000 per occurrence. Additional Insured - City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the contractor's insurance. Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance Services. Waiver of Subrogation —Vendor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. Verification of Coverage — Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City 6 DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH do EXIGIS Insurance Compliance Services P.O. Box 4668— ECM #35050 New York, NY 10163-4668 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeach(a?riskworks.com Special Risks or Circumstances - The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. SECTION 7 LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By • entering into this Agreement, Consultant and the City expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. SECTION 8 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action, for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of$10,000. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of $10,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. 7 DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida Statutes. SECTION 9 DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS; COPYRIGHT; AND CONFIDENTIAL FINDINGS 9.1 DUTY OF CARE With respect to the performance of the Services contemplated herein, Consultant shall exercise that degree of skill, care, efficiency and diligence normally exercised by reasonable persons and/or recognized professionals with respect to the performance of comparable work and/or services. 9.2 COMPLIANCE WITH APPLICABLE LAWS In its performance of the Services, Consultant shall comply with all applicable laws, ordinances, and regulations of the City, Miami-Dade County, the State of Florida, and the federal government, as applicable. 9.3 PATENT RIGHTS; COPYRIGHT; CONFIDENTIAL FINDINGS Any work product arising out of this Agreement, as well as all information specifications, processes, data and findings, are intended to be the property of the City and shall not otherwise be made public and/or disseminated by Consultant, without the prior written consent of the City Manager, excepting any information, records etc.which are required to be disclosed pursuant to Court Order and/or Florida Public Records Law. All reports, documents, articles, devices, and/or work produced in whole or in part under this Agreement are intended to be the sole and exclusive property of the City, and shall not be subject to any application for copyright or patent by or on behalf of the Consultant or its employees or sub-consultants, without the prior written consent of the City Manager. SECTION 10 GENERAL PROVISIONS 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to Consultant, and at any time during normal business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized holidays), and as often as the City Manager may, in his/her reasonable discretion and judgment, deem necessary, there shall be made available to the City Manager, and/or such representatives as the City Manager may deem to act on the City's behalf, to audit, examine, and/ or inspect, any and all other documents and/or records relating to all matters covered by this Agreement. Consultant shall maintain any and all such records at its place of business at the address set forth in the "Notices" section of this Agreement. 8 DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 10.2 INSPECTOR GENERAL AUDIT RIGHTS (A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the'Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. (B) The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Consultant, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. (C) Upon ten (10) days written notice to the Consultant, the Consultant shall make all requested records and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Consultant its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. (D) The Inspector General shall have the right to inspect and copy all documents and records in the Consultant's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back-change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. 9 DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 (E) The Consultant shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this Agreement, for examination, audit, or reproduction, until three (3) years after final payment under this Agreement or for any longer period required by statute or by other clauses of this Agreement. In addition: If this Agreement is completely or partially terminated, the Consultant shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Consultant shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement until such appeals, litigation, or claims are finally resolved. (F) The provisions in this section shall apply to the Consultant, its officers, agents, employees, subcontractors and suppliers. The Consultant shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Consultant in connection with the performance of this Agreement. (G) Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Consultant or third parties. 10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING Consultant shall not subcontract, assign, or transfer all or any portion of any work and/or service under this Agreement without the prior written consent of the City Manager, which consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as approved pursuant to this section, and any attempt to make such assignment (unless approved)shall be void. 10.4 PUBLIC ENTITY CRIMES Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with the City's Procurement Division. 10.5 NO DISCRIMINATION In connection with the performance of the Services, the Consultant shall not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, age, disability, religion, income or family status. Additionally, Consultant shall comply fully with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing, public accommodations, and public services on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, 10 DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation. 10.6 CONFLICT OF INTEREST Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade County Code, as may be amended from time to time; and by the City of Miami Beach Charter and Code, as may be amended from time to time; both of which are incorporated by reference as if fully set forth herein. Consultant covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of the Services. Consultant further covenants that in the performance of this Agreement, Consultant shall not employ any person having any such interest. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 10.7 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW (A) Consultant shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. (B) The term "public records" shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. (C) Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the definition of"Contractor" as defined in Section 119.0701(1)(a), the Consultant shall: (1) Keep and maintain public records required by the City to perform the service; (2) Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement if the Consultant does not transfer the records to the City; (4) Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Consultant or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. 11 DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 (D) REQUEST FOR RECORDS; NONCOMPLIANCE. (1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Consultant of the request, and the Consultant must provide the records to the City or allow the records to be inspected or copied within a reasonable time. (2) Consultant's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or(3)avail itself of any available remedies at law or in equity. (3) A Consultant who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. (E) CIVIL ACTION. (1) If a civil action is filed against a Consultant to compel production of public records relating to the City's contract for services, the court shall assess and award against the Consultant the reasonable costs of enforcement, including reasonable attorneys'fees, if: a. The court determines that the Consultant unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Consultant has not complied with the request, to the City and to the Consultant. (2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of public records and to the Consultant at the Consultant's address listed on its contract with the City or to the Consultant's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. (3.) A Consultant who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. (F) IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH • ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADO@MIAMIBEACHFL.GOV PHONE: 305-673-7411 12 DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 10.8 FORCE MAJEURE (A) A "Force Majeure" event is an event that (i) in fact causes a delay in the performance of the Consultant or the City's obligations under the Agreement, and (ii) is beyond the reasonable control of such party unable to perform the obligation, and (iii) is not due to an intentional act, error, omission, or negligence of such party, and (iv) could not have reasonably been foreseen and prepared for by such party at any time prior to the occurrence of the event. Subject to the foregoing criteria, Force Majeure may include events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism, sabotage, explosions, embargo restrictions, quarantine restrictions, transportation accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God which prevent performance. Force Majeure shall not include technological impossibility, inclement weather, or failure to secure any of the required permits pursuant to the Agreement. (B) If the City or Consultant's performance of its contractual obligations is prevented or delayed by an event believed by to be Force Majeure, such party shall immediately, upon learning of the occurrence of the event or of the commencement of any such delay, but in any case within fifteen (15) business days thereof, provide notice: (i) of the occurrence of event of Force Majeure, (ii) of the nature of the event and the cause thereof, (iii) of the anticipated impact on the Agreement, (iv) of the anticipated period of the delay, and (v) of what course of action such party plans to take in order to mitigate the detrimental effects of the event. The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent to allowance of any relief pursuant to this section; however, receipt of such notice shall not constitute acceptance that the event claimed to be a Force Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a Force Majeure event shall be on the requesting party. (C) No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party is rendered unable, in whole or in part, by Force Majeure to carry out such obligations. The suspension of any of the obligations under this Agreement due to a Force Majeure event shall be of no greater scope and no longer duration than is required. The party shall use its reasonable best efforts to continue to perform its obligations hereunder to the extent such obligations are not affected or are only partially affected by the Force Majeure event, and to correct or cure the event or condition excusing performance and otherwise to remedy its inability to perform to the extent its inability to perform is the direct result of the Force Majeure event with all reasonable dispatch. (D) Obligations pursuant to the Agreement that arose before the occurrence of a Force Majeure event, causing the suspension of performance, shall not be excused as a result of such occurrence unless such occurrence makes such performance not reasonably possible. The obligation to pay money in a timely manner for obligations and liabilities which matured prior to the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions. 13 DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 (E) Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure occurrence, the City may, at the sole discretion of the City Manager, suspend the City's payment obligations under the Agreement, and may take such action without regard to the notice requirements herein. Additionally, in the event that an event of Force Majeure delays a party's performance under the Agreement for a time period greater than thirty (30) days, the City may, at the sole discretion of the City Manager, terminate the Agreement on a given date, by giving written notice to Consultant of such termination. If the Agreement is terminated pursuant to this section, Consultant shall be paid for any Services satisfactorily performed up to the date of termination; following which the City shall be discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. In no event will any condition of Force Majeure extend this Agreement beyond its stated term. 10.9 E-VERIFY (A) Consultant shall comply with Section 448.095, Florida Statutes, "Employment Eligibility" ("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify Statute, commencing on January 1, 2021, Consultant shall register with and use the E- Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement. Additionally, Consultant shall expressly require any subconsultant performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subconsultant during the contract Term. If Consultant enters into a contract with an approved subconsultant, the subconsultant must provide the Consultant with an affidavit stating that the subconsultant does not employ, contract with, or subcontract with an unauthorized alien. Consultant shall maintain a copy of such affidavit for the duration of the Agreement or such other extended period as may be required under this Agreement. (B) TERMINATION RIGHTS. (1) If the City has a good faith belief that Consultant has knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate this Agreement with Consultant for cause, and the City shall thereafter have or owe no further obligation or liability to Consultant. (2) If the City has a good faith belief that a subconsultant has knowingly violated the foregoing Subsection 10.9(A), but the Consultant otherwise complied with such subsection, the City will promptly notify the Consultant and order the Consultant to immediately terminate the Agreement with the subconsultant. Consultant's failure to terminate a subconsultant shall be an event of default under this Agreement, entitling City to terminate the Consultant's contract for cause. (3) A contract terminated under the foregoing Subsection (B)(1) or (B)(2) is not in breach of contract and may not be considered as such. (4) The City or Consultant or a subconsultant may file an action with the Circuit or County Court to challenge a termination under the foregoing Subsection (B)(1) or (B)(2) no later than 20 calendar days after the date on which the contract was terminated. (5) If the City terminates the Agreement with Consultant under the foregoing Subsection (B)(1), Consultant may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. (6) Consultant is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Section 10.9. 14 DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 SECTION 11 NOTICES All notices and communications in writing required or permitted hereunder, shall be delivered personally to the representatives of the Consultant and the City listed below or may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized overnight delivery service. Until changed by notice, in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: John Melick • President Blue Medium, Inc. 526 West 26th Street, Rm. 708 New York, NY 10001 TO CITY: City of Miami Beach 1755 Meridian Avenue, 5th Floor Miami Beach, FL 33139 Attention: Director, Tourism and Culture Notice may also be provided to any other address designated by the party to receive notice if such alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent to such alternate address in addition to any other address which notice would otherwise be sent, unless other delivery instruction as specifically provided for by the party entitled to notice. Notice shall be deemed given on the date of an acknowledged receipt, or, in all other cases, on the date of receipt or refusal. SECTION 12 MISCELLANEOUS PROVISIONS 12.1 CHANGES AND ADDITIONS This Agreement cannot be modified or amended without the express written consent of the parties. No modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 12.2 SEVERABILITY If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 15 DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 12.3 WAIVER OF BREACH A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A party's waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 12.4 JOINT PREPARATION The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been a joint effort of the parties, the language has been agreed to by parties to express their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 12.5 ENTIRETY OF AGREEMENT The City and Consultant agree that this is the entire agreement between the parties. This Agreement supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 16 DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: By: City Jerk ity Manager \ \\\I\III 0954- 4 .IllCORP ORRTEO;40 FOR CONSULTANT: BLUE MEDIUM, INC. ATTEST: DocuSigned by: Lo Docu by: B : , ,y -6B6130D33809473... A8BOrC01394n24oD... Andy cushman John Melick Print Name and Title John Melick President/Founder Date: 2/8/2022 I 3:50 PM EST 2/8/2022 t 5:34 PM EST APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION • C Mooney . ..:, 17 DocuSign Envelope ID:9D01E8C7-BDCD-4881-A5C8-962A4C0E17F8 EXHIBIT A SCOPE OF SERVICES Client Activation: • Perform a full team call with the City of Miami Beach in the first two weeks of the agreement to meet with leadership/stakeholders, develop our communications plan and PR asset needs specifically relating to the launch programming, messaging, and leadership. Strategy Development: • Develop a communications and marketing strategy, plans/timelines to ensure that PR assets, media invitations, and announcement deadlines are developed and executed; • Develop key messages and objectives to embed and enhance an understanding of the City's cultural programs; operations, and communications goals; and, • Develop media strategies and sample story angles that elevate the awareness of programming, community, exhibitions, events, and leadership. Marketing and Social Media: • Where applicable, review City's general cultural marketing plans and, working within a set budget, provide recommendations for advertising purchasing and earned media; • Leverage existing media relationships with publishers to develop favorable advertising/marketing packages; •Advise on a separate advertising/marketing plans for digital platforms (if budget is available); • Conduct periodic audits of existing social media practices and provide analysis of best practices; and, • Identify digital and social media assets to post in a timely manner on City's platforms to complement the PR initiatives and increase attention and audience to the programs. Materials Development: • Review and adapt existing media materials and advise on other collateral relating to the programs, exhibitions and events; • Develop media kits to include, at a minimum, fact sheets, leadership biographies, short history/timelines with key dates, institutional image sheets; and, • Develop news releases for major announcements (up to three per quarter). Media Outreach: • Develop a media trips for members of the national and international media to visit arts and culture programs; • Provide recommendations for media to visit and cover public cultural events in the City of Miami; • Monitor arts and cultural tourism-related media visiting Miami Beach and invite them to engage with program and leadership; • Perform all national and international media outreach on behalf of the City; 18 DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 • Facilitate all media relations and appointments between the City, the artists' studios, cultural institutions, presenting organizations, galleries, and other parties involved with the realization of the programming; • Pitch media opportunities with City leadership; • Develop introductions between City leadership and other contemporary art professionals, especially during Art Basel Miami Beach; •Advise on top media that should receive exhibition catalogues (when applicable)and/or other printed materials; and, • Monitor big-picture stories developing in the media that could pertain to Miami Beach and advise on positioning leadership as sources for quotes and information (when appropriate). General Public Relations Services: • Serve as national and international media contact on the artandculture@miamibeachfl.com website and media materials; • Review existing media contact list and provide refreshed/expanded set of contacts; Send regular updates on new media contacts and staffing changes among media outlets; •Advise on protocol and methods for expediently correcting inaccuracies published in the media; • Provide general public relations counsel for the duration of the agreement on any issue that may affect the reputation of the City's arts and culture portfolio; and, • Provide media tracking services with links to coverage and clippings as they happen. 19 DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 1 RFLI 2022-083-ND Strategic Communications and Publicity Services IA/\AIBEACH REQUEST FOR LETTERS /v\ Miami.Beach Department of Tourism and Culture OF INTEREST 1755 Meridian Ave., 5th Floor RFLI 2022-083-ND Miami Beach, Florida 33139 STRATEGIC COMMUNICATIONS AND PUBLICITY SERVICES 1. Introduction and.Background. The City of Miami Beach, Florida(hereinafter referred to as the"City") is soliciting Letters of Interest("L01")from qualified public relations firms that will be able to provide strategic communications and publicity.services for the City of Miami Beach Cultural and Art in Public Places.Programs1. Over the past several decades,the cultural landscape of Miami Beach has evolved into a world-class destination for performing and visual arts. Visionary leaders have long understood the transformative potential of the arts and cultural economy for Miami Beach. In 1984, the City launched an Art in Public Places program that allocates two (2%) percent of hard costs for City and public/private projects to purchase public art. In 1998, the City strengthened its commitment to the arts by establishing the Cultural Arts Council("CAC")to develop,coordinate and promote the arts in Miami Beach. Since the program's inception,the City of Miami Beach Mayor and Commission and the CAC have awarded approximately$18 million in cultural arts grants,supporting thousands of performances, exhibits, and other cultural activities in the City. At present,the City awards$850,000 in annual grants to cultural anchor institutions and presenting organizations that create cycles of performances and events all year round. In addition,$2 million is allocated to sponsor cultural,sports and holiday events throughout the year.These successful programs are innovative,far-reaching,and energetic.The City's cultural investment is complemented by privately sponsored events.The result is an arts agenda impressive in reach,frequency,and programmatic diversity. The City provides a full roster of innovative arts and cultural programming.These programs include,but are not limited to the following: Art in Public Places ("AiPP") Artworks commissioned by AiPP add value to the public art'collection, attract international attention, and celebrate the diversity and heritage of Miami Beach. In 2019, the program completed six (6) permanent, site-specific permanent works of public art at the newly renovated and expanded Miami Beach Convention Center("MBCC").The works include artists—Franz Ackermann(Berlin), Elmgreen&Dragset(Berlin), Ellen Harvey(Brooklyn), Joseph Kosuth (London/New York), Joep van Lieshout(Rotterdam), and Sarah Morris (New York).The$7M investment in public art represents the largest municipal project,of its kind to be installed, in the United States. Notable for more than just the scale,the project grew out of a strident curatorial approach, requiring a complex and collaborative process that stretched over five(5)years from initial planning to final installation. Temporary Public Art Projects Regarded as an international destination for arts and culture, Miami Beach is dedicated to commissioning works of temporary public art that evoke a unique sense of place and thoughtfully engage our residents and visitors. During Art Week Miami Beach 2019, the City commissioned Order of Importance, a monumental site-specific installation on Miami Beach by Argentinean conceptual artist Leandro Erlich.The 2021/2022 season includes works by Miami based artist Carlos Betancourt and Los Angeles based collaborative Friends With You. 1The City of Miami Beach Art in Public Places and cultural programs have been featured in publications such as The New York Times, Vogue International, Financial Times, The Observer, T Magazine, Conde Nast Traveler, designboom, Forbes,Artnet News, Galerie Magazine,Art Newspaper,New York Post,Wallpaper*,Citylab and Hyperallergic,among others. DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 2 RFLI 2022-083-ND Strategic Communications and Publicity Services No Vacancy, Miami Beach is a juried art competition that celebrates artists, provokes critical discourse, and invites the public to experience ten of Miami Beach's famed hotels as destination art spaces. For the second edition of No Vacancy,$25,000 in prizes will be awarded,divided between a$5,000 prize determined by public vote and a$20,000 prize awarded by a jury of art experts. Each selected artist receives a stipend of$10,000 to realize their project. The project is produced in collaboration with the Miami Beach Visitor and Convention Authority("MBVCA"). Legacy Purchase Program is a collaboration with Art Basel Miami Beach,and under the direction of the AiPP,which set out to purchase a work of art to add to the AiPP collection within the MBCC campus.The goal of the program is to strengthen the connection between the City, residents and visitors, and Art Basel Miami Beach. By allowing the residents and visitors to be participate in the public art collection selection process,we embed the importance acquiring meaningful public art and expanding our relationship with Art Basel by enhancing our community engagement in the annual event.To date,the program has acquired artworks byAmoako Boafo,Sanford Biggers and Ebony G.Patterson. Culture Crawl brings together some of the world's best cultural institutions for a night of free,unique and unforgettable cultural experiences.Every third Thursday of the month,October-May, 6 p.m.to 9 p.m.,Miami Beach comes alive with art and culture as various institutions and buildings open their doors to give the public a taste of what they have to offer.From backstage tours,exhibition openings,temporary public art,and free film screenings in the park,the evening is a unique opportunity to experience Miami Beach's cultural institutions free of charge. Miami Beach On Stage! presents live performances and temporary art installations in public spaces throughout the city.These culturally diverse performances include music,dance,theater and visual art.The program,which launched in July 2021,will run through September 2022 and showcases the City's cultural partners and local talent. Through this RFLI, the City is seeking a consultant that will assist the Tourism and Culture Department with development of its arts and culture strategy, marketing and social media services (and related materials), media outreach,and public relations as further detailed in Section 4 below. 2. Budget. The City's budget for this engagement is a maximum of$60,000. Under no circumstance will the City award a contract pursuant to this engagement that exceeds $60,000. Proposals that exceed $60,000 will be rejected. 3 Minimum Eligibility Requirement. The minimum eligibility requirement established for this RFLI is listed below. Bidder shall submit the required submittal(s)documenting compliance with the minimum requirement.Bidders that fail to comply with the minimum requirement shall be deemed non-responsive and shall not have its bid considered. 1. Bidder(defined as the Firm)shall provide three(3)client references for which the Bidder has provided services similar in nature to the scope of this RFLI to a corporate entity, public and/or private. Required Submittals: For each qualifying project,submit client name,client contact information(phone and email),scope of engagement,and start and completion dates. 4. Statement of Work Required.The City is looking to develop a comprehensive public relations strategy that focuses on the City's entire arts and cultural portfolio. Arts, culture and creativity are essential to Miami Beach's unique character and identity in the presence of emerging from the COVID-19 pandemic,climate risks and fierce competition across the South Florida region.The City is seeking a qualified firm to nationally and internationally promote the City's arts and culture programs and develop a strategic public relations plan that considers the tremendous growth the City's cultural community has experienced over the past decade.The Letters of Interest("LO1")should provide public relations services,to the City,for its arts and culture initiatives: The bidder will be expected to provide the following services upon selection: Strategy Development: •Develop a communications and marketing strategies,plans/timelines to ensure that PR assets,media invitations and announcement deadlines are developed and executed; DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 3 RFLI 2022-083-ND Strategic Communications and Publicity Services • Develop key messages and objectives to embed and enhance an understanding of the City's cultural programs, operations,and communications goals; and, • Develop media strategies and sample story angles that elevate the awareness of programming, community, exhibitions,events,and leadership. Marketing and Social Media: • Where applicable, review City's general cultural marketing plans and, working within a set budget, provide recommendations for advertising purchasing and earned media; •Leverage existing media relationships with publishers to develop favorable advertising/marketing packages; •Advise on a separate advertising/marketing plans for digital platforms(if budget is available); •Conduct periodic audits of existing social media practices and provide analysis of best practices; •Identify digital and social media assets to post in a timely manner on City's platforms to complement the PR initiatives and increase attention and audience to the programs. Materials Development: •Review and adapt existing media materials and advise on other collateral relating to the exhibitions and programs; • Develop media kits to include, at a minimum, fact sheets, leadership biographies, short history/timelines with key dates,institutional image sheets; and, •Develop news releases for major announcements(up to four per quarter) Media Outreach: •Develop a media trips for members of the national and international media to visit arts and culture programs; •Provide recommendations for media to visit and cover public cultural events in the City of Miami •Perform all national and international media outreach on behalf of the City; • Facilitate all media relations and appointments between the City,the artists'studios, cultural institutions, presenting organizations,galleries and other parties involved with the realization of the programming; •Pitch media opportunities with City leadership; •Develop introductions between City leadership and other contemporary art professionals; •Advise on top media that should receive exhibition catalogues and/or other printed materials;and, •Monitor big-picture stories developing in the media that could pertain to Miami Beach and advise on positioning itself as a source for quotes and information(when appropriate). General Public Relations Services: • Serve as national and international media contact on the artandculture@miamibeachfl.com website and media materials; •Review existing media contact list and provide refreshed/expanded set of contacts; •Send regular updates on new media contacts and staffing changes among media outlets; •Advise on protocol and methods for expediently correcting inaccuracies published in the media; •Provide general public relations counsel for the duration of the agreement on any issue that may affect the reputation of the City's arts and culture portfolio; •Provide media tracking services with links to coverage and clippings as they happen. Client Relations: •Assign one Account Director to work directly with the City to execute services •Conduct bi-weekly touch-base phone calls and quarterly full team phone calls to keep the City team informed of public relations efforts,and to keep updated on City's initiatives and programming; • Provide weekly reports on activities on behalf of City including updates on the status of pending press, as well as links and/or clippings of recent coverage;and, •Provide biannual reports of all coverage,media materials,and reach. DocuSign Envelope ID:9D01 E8C7-8DCD-4881-A5C8-962A4C0E17F8 4 RFLI 2022-083-ND Strategic Communications and Publicity Services 5. Submittal Instructions and Format: 5.1 Electronic Responses(Only).Responses must be submitted electronically through Periscope S2G(formerly BidSync)on or before the date and time indicated.A hard copy response or a response received through email or facsimile is not acceptable and will be rejected. A consultant may submit a modified response to replace all or any portion of a previously submitted response until the submittal deadline.The City will only consider the latest version of the response. Electronic submissions may require the uploading of attachments.All documents should be attached as separate files in accordance with the instructions included in Section 4.4, below. Attachments containing embedded documents or proprietary file extensions are prohibited. It is the consultant's responsibility to assure that its response, including all attachments, is uploaded successfully. Only responses received,and time stamped by Periscope S2G(formerly BidSync) prior to the submittal deadline shall be accepted as timely submitted.Late responses cannot be submitted and will not be accepted.Consultants are cautioned to allow sufficient time for the submittal of responses and uploading of attachments. Any technical issues must be submitted to Periscope S2G (formerly BidSync) by contacting (800) 990-9339 (toll free) or S2G@periscopeholdings.com.The City cannot assist with technical issues regarding submittals and will in no way be responsible for delays caused by any technical or other issue. It is the sole responsibility of each consultant to ensure its proposal is successfully submitted in Periscope S2G prior to the submittal deadline. 5.2 Non-Responsiveness. Failure to submit the following requirements shall result in a determination of non- responsiveness. Non-responsive responses will not be considered. 1. Bid Submittal Questionnaire(submitted electronically). 2.Failure to comply with Minimum Eligibility Requirement(See Section 3, Minimum Eligibility Requirement). 5.3 Omitted or Additional Information. With exception of the Bid Submittal Questionnaire (completed and submitted electronically), the City reserves the right to seek any omitted information/documentation or any additional information from the consultant or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals,client information,financial information,or any information the City deems necessary to evaluate the capacity of the consultant to perform. Failure to submit any omitted or additional information in accordance with the City's request shall result in the response being deemed non-responsive. 5.4 Electronic Response Format. In order to maintain comparability and facilitate the review process, it is strongly recommended that proposals be organized and tabbed in accordance with the sections as specified below.The electronic submittal should be tabbed as enumerated below and contain a table of contents with page references.The electronic proposal shall be submitted through the"Line Items"attachment tab in Periscope S2G. A. Cover Letter.A cover letter to indicate name and contact information for the submitting firm or individual, to include: address, primary telephone number and email address. Al. Minimum Eligibility Requirements. Submit verifiable information documenting compliance with the minimum eligibility requirement established in Section 3, Minimum Eligibility Requirement. DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 5 RFLI 2022-083-ND Strategic Communications and Publicity Services B. Experience and Qualifications. Submit detailed information regarding the consultant's history and relevant experience, and proven record of providing the scope of services as identified in this RFLI by submitting the following: B1.Qualifications of the Proposing Firm.Submit detailed information regarding the relevant experience and proven track record of the firm and/or its principal in providing the scope of services similar as identified in this RFLI, including experience in providing similar scope of services to public sector agencies. For each project that the Consultant submits as evidence of similar experience for the firm and/or any principal,the following is required: project description, agency name, agency contact, contact telephone&email, and year(s)and term of engagement.For each project,identify whether the experience is for the firm or for a principal(include name of principal). B2.Qualifications of Consultant Team. Provide an organizational chart of all personnel and consultants to be used for this project if awarded,the role that each team member will play in providing the services detailed herein and each team members'qualifications.A resume of each individual, including education,experience, and any other pertinent information,shall be included for each consultant team member to be assigned to this contract. C. Scope of Services Proposed.Submit detailed information addressing how consultant intends to achieve each portion of the scope of services and technical requirements outlined in Section 4,Statement of Work Required. Responses shall be in sufficient detail and include supporting documentation,as applicable. D. Cost Proposal. Provide a breakdown of fees for the engagement(please refer to Section 2 above).Final fees will be negotiated with the selected firm. 6. Submittal Deadline. The deadline for letters of interest is November 12,2021 at 3:00 p.m.,ET. Submittals received after the due date and time will not be considered(Please refer to Section 5.1 above). 6.1QuestionlAnswer Deadline. Any question regarding this RFLI shall be submitted to the Procurement Contact identified below on or before November 3,2021 at 5:00 p.m.ET. 7. Procurement Contact. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Contact: Telephone: Email: Natalia Delgado 305-673-7000 Ext.26263 nataliadelgado@miamibeachfl.gov All responses to questionslclarifications will be sent to all prospective Proposers in the form of an addendum. 8. Evaluation of Responses.The City shall evaluate all letters of interest based upon the bidder's qualifications and the extent to which the bidder services meet the City's needs and concerns,are of high quality and adhere to best practice standards, and economically feasible. Following its receipt and review of the responses submitted to this Request for Letters of Interest, the City reserves the right to contact such firm (or firms) as the City, in its sole discretion and determination, may wish to interview, in further determining the most qualified firm (or firms)to perform the required services solicited pursuant to this process. 9. Method of Award.Responsive proposals will be evaluated on qualifications,scope, methodology,and cost. The City Manager may select the firm that she deems to be in the interest of the City. In making a selection,the City Manager shall,in addition to qualifications,scope and price,consider the following: • The ability,capacity and skill of the bidder to perform the contract. • Whether the bidder can perform the contract within the time specified,without delay or interference. • The character, integrity, reputation,judgment,experience and efficiency of the bidder. • The quality of performance of previous contracts. DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 6 RFLI 2022-083-ND Strategic Communications and Publicity Services 10. Result of RFLI.The City is not required to act upon any information obtained through this RFLI. However, the City reserves the right to negotiate an agreement or issue a Purchase Order pursuant to this RFLI to the respondent deemed to be in the best interest of the City. 11. Insurance Requirements. See Attachment A. Balance of Page Intentionally Left Blank DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 7 RFLI 2022-083-ND Strategic Communications and Publicity Services ATTACHMENT A M I AM I BEACH Insurance Requirements 2022-083-ND STRATEGIC COMMUNICATIONS AND PUBLICITY SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 8 RFLI 2022-083-ND Strategic Communications and Publicity Services INSURANCE REQUIREMENTS The vendor shall maintain the below required insurance in effect prior to awarding the contract and for the duration of the contract. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage may be treated as a material breach of the contract,which could result in withholding of payments or termination of the contract. A. Professional Liability(Errors&Omissions)Insurance appropriate to the Consultant's profession,with limit no less than$1,000,000. Additional Insured City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the contractor's insurance. Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach do EXIGIS Insurance Compliance Services. Waiver of Subrogation—Vendor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However,this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers-Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. Verification of Coverage- Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However,failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications,at any time. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH do EXIGIS Insurance Compliance Services P.O. Box 4668—ECM#35050 New York, NY 10163-4668 Kindly submit all certificates of insurance,endorsements,exemption letters to our servicing agent,EXIGIS,at: Certificates-miamibeachna.riskworks.com Special Risks or Circumstances-The City of Miami Beach reserves the right to modify these requirements,including limits, based on the nature of the risk, prior experience, insurer,coverage,or other special circumstances. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 Public Relations Services Proposal for: City of Miami Beach, Art in Public Places November 9, 2021 Created by: Andy Cushman Director, Visual Arts Blue Medium Inc. 526 West 26th Street, Rm.708, New York, NY 10010 M: 917-744-4042 T: 212-765-1800 E: acushman@bluemedium.com www.bluemedium.com Background Blue Medium was invited to submit the following proposal to continue providing public relations services for the City of Miami Beach's Cultural Affairs and Art in Public Places Program following successful campaigns from 2018-2020. The City is interested in developing a comprehensive public relations strategy that focuses on the City's entire cultural portfolio. Arts, culture, and creativity are essential to Miami Beach's unique character and identity in the presence of emerging from the COVID-19 pandemic, climate risks, and fierce competition across the South Florida region.The City is seeking a public relations firm to nationally and internationally promote the City's arts and culture programs and develop a strategic public relations plan that considers the tremendous growth the City's cultural offerings and community have experienced over the past decade. By executing the proposed services below, Blue Medium can ensure that the many aspects and initiatives of the city's cultural programming will be managed strategically and in a timely manner for our media relations efforts. We welcome the opportunity to expand upon any of the items outlined herein. rrniR2A I/DPI CI jBMITTAL QUESTIONNAIRE DocuSign Envelope ID:9D01 E8C7-8DCD-4881-A5C8-962A4COE17F8 SECTION 1 ® 1 ,I ? CERTIFICATION FORM This document is a REQUIRED FOR' that must be submitted fully completed and submitted. Solicitation No: Solicitation Title: 2022-083-ND , Strategic Communications and Publicity Services BIDDER'S NAME:Blue Medium NO.OF YEARS IN BUSINESS:20 NO.OF YEARS IN.BUSINESS LOCALLY:N/A NO.OF EMPLOYEES:7 OTHER NAME(S)BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS:N/A BIDDER PRIMARY ADDRESS(HEADQUARTERS):526 West 26th Street,Rm.708 CITY:New York STATE:NY ZIP CODE:10010 TELEPHONE NO.:212475-1800 TOLL FREE NO.:N/A FAX NO.:NIA BIDDER LOCAL ADDRESS:N/A CITY:N/A STATE:N/A ZIP CODE:WA PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:Andy Cushman ACCOUNT REP TELEPHONE NO.:917-7444042 ACCOUNT REP TOLL FREE NO.:NIA ACCOUNT REP EMAIL:acushman@bluemedium.eom FEDERAL TAX IDENTIFICATION NO.:134116689 By virtue of submitting a bid, bidder agrees:a)to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all specifications, attachments, exhibits and appendices and the contents of any Addenda released hereto; b)to be bound, at a minimum, to any and all specifications, terms and conditions contained herein or Addenda; c)that the bidder has not divulged, discussed, or compared the proposal with other bidders and has not colluded with any other bidder or party to any other bid; d)that bidder acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; e) the bidder agrees if this bid is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the bidder and the City of Miami Beach, Florida,for the performance of all requirements to which the bid pertains; and f) that all responses, data and information contained in the bid submittal are true and accurate. The individual named below affirms that s/he: is a principal of the applicant duly authorized to execute this questionnaire, and that the contents of said document(s)are complete,true,and correct to the best of his/her knowledge and belief. Name of Bidder's Authorized Representative: I Title of Bidder's Authorized Andy Cushman I Representative: DocuSign Envelope ID:9D01 E8C7-8DCD-4881-A5C8-962A4C0E17F8 .14%•aunt Director,Visual Art DocuSign Envelope ID:9D01 E8C7-8DCD-4881-A5C8-962A4C0E17F8 SU,tl BUN 1 -ALKO U LLUtita,'EDIT OF Ate DEN®UM After issuance of solicitation, the City may release one or more addendum to the solicitation, which may provide additional information to bidders or alter solicitation requirements. The City will strive to reach every bidder having received solicitation through the City's e-procurement system. However, bidders are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the bidder has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Enter Initial to Enter Initial to Enter Initial to Confirm Confirm Confirm Receipt Receipt Receipt AC Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required, submit under separate cover. SECTION: 3- CONFLICT OF 1NTP EST All bidders must disclose the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child)who is also an employee of the City of Miami Beach. Further, all bidders must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the bidder entity or any of its affiliates. O YES is NO If yes, please disclose the name(s): FIRST AND LAST NAME OCCUPATION 1 2 3 4 5 6 SECTIIN 4 ^t i•RATORIU ,WEL TO AND THE PURCHASE OF GOODS OR SERVICES FR*IN A�:I r ISSISSIPPI Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to Mississippi, as well as the purchase of goods or services sourced in Mississippi. Bidder shall agree that no travel shall occur on behalf of the City to Mississippi, nor shall any product or services it provides to the City be sourced from this state. By virtue of submitting bid, bidder agrees it is and shall remain in full compliance with Resolution 2016-29375 https://www.miamibeachfl.gov/wp-content/uploads/2021/04/2016-29375-Resolution-Moratorium-for-North-Carolina- Mississipipdf DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 bEL,9 ourk6 — itt9-tvei`.'CES AND PAST PERFO t ,r'A LANCE Project No. 2022-083-ND Project Title Strategic Communications and Publicity Services Bidder shall submit at least three (3) references for whom the bidder has completed work similar in size and nature as the work referenced in solicitation. Reference No.1 Firm Name: Galerie Lelong Contact Individual Name and Title: Mary Sabbatino, Partner Address: 528 W 26th St, New York, NY 10001 Telephone: (212) 315-0470 Contact's Email: mary@galerielelong.com Narrative on Scope of Services Provided: Gallery Lelong is a current client of Blue Medium,whom we have worked with since 2013. Blue Medium performs services similar to those proposed for the City of Miami Beach. Reference No.2 Firm Name: The Fabric Workshop and Museum Contact Individual Name and Title: Christina Vasallo, Executive Director Address: 1214 Arch St, Philadelphia, PA 19107 Telephone: (215) 561-8888 Contact's Email: cv@fabricworkshopandmuseum.org Narrative on Scope of Services Provided: The Fabric Workshop and Museum is a current client of Blue Medium,whom we have worked with since 2018.Blue Medium performs services similar to those proposed for the City of Miami Beach. Reference No.3 Firm Name: Cristin Tierney Gallery Contact Individual Name and Title: Cristin Tierney, Owner Address: 219 Bowery Floor 2, New York, NY 10002 Telephone: (212) 594-0550 Contact's Email: cristin@cristintierney.com Narrative on Scope of Services Provided: Cristin Tierney Gallery is a current client of Blue Mediums, whom we have worked with since 2020. Blue Medium performs services similar to those proposed for the City of Miami Beach. DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 Auuiuunai na.a�an�.v Firm Name: The New York City AIDS Memorial Contact Individual Name and Title: Dave Harper, Executive Director Address: PO Box 23 New York, NY 10159 Telephone: (917) 217-6378 Contact's Email: dave@nycaidsmemorial.org Narrative on Scope of Services Provided: Blue Medium provided public relations strategy and general services for its annual public art activations coinciding with World AIDS Day(December 1)in 2020 and 2019.As a result of Blue Medium's tactics and outreach, garnering coverage in broadcast and major international newspapers. The New York City Aids Memorial has worked with Blue medium in this capacity for the past two years and is continuing in 2021. SECTIt, 6 -VENDOR CA, PAIGN CONTRIBUTIONS Bidders are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code https://library.municode.com/fl/miami_beach/codes/code_of_ordinances? nodeld=SPAGEOR_CH2AD_ARTVI ISTCO_DIV5CAFIRE Bidders shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their bid submittal, in the event of such non-compliance. Are there any individuals or entities (including your sub-consultants) with a controlling financial interest which have contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. YES is NO If yes, list name (first and last name) of individuals, occupation, amount and date: First and Last Name Contributor Occupation Amount Date of Contribution 1 2 3 _ 4 5 6 _ 7 8 9 DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 SECTION 7 —SUSPENSION, DEBARMENT, OR CONTRACT CANCELLATION Has bidder ever been debarred, suspended or other legal violation, or had a contract cancelled due to non- performance by any public sector agency? 0 YES ® NO If answer to above is "YES," bidder shall submit a statement detailing the reasons that led to action(s): SECTION 8 - BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION FORM APPENDIX A,44 C.F.R. PART 18—CERTIFICATION REGARDING LOBBYING Certification for Contracts,Grants, Loans,and Cooperative Agreements The undersigned Contractor certifies,to the best of his or her knowledge,that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition,the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. By virtue of submitting bid, bidder certifies or affirms its compliance with the Byrd Anti-Lobbying Amendment Certification. Name of Bidder's Authorized Representative: Title of Bidder's Authorized Andy Cushman Representative: Account Director,Visual Art DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 NU;a ILAN 9 m susast slum AND DEBAR''. ENT CERTIFICATION The Contractor acknowledges that: (1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. §•180.905) are excluded(defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3)This certification is a material representation of fact relied upon by the City. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City,the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions." By virtue of submitting bid, bidder certifies or affirms its compliance with the Suspension and Debarment Certification. Name of Bidder's Authorized Representative: Title of Bidder's Authorized Andy Cushman Representative: Account Director,Visual Art SECTION 14 - SM AL fit, DISADVANTAGED WSINESS CERTIFICATION Pursuant to Resolution 2020-31519, the City is tracking the Small and Disadvantaged Businesses, as certified by Miami- Dade County that have been certified as Small or Disadvantaged Business by Miami-Dade County. Does bidder possess Small or Disadvantaged Business certification by Miami-Dade County? 0 YES p NO SECTION 15 - I.G1:T BUSINESS ENTERPRISE CERTIFICATION Pursuant to Resolution 2020-31342, the City is tracking the utilization of LGBT owned firms that have been certified as an LGBT Business Enterprise by the National Gay and Lesbian Chamber of Commerce (NGLCC). Does bidder possess LGBT Business Enterprise Certification by the NGLCC? O YES p NO SECTION 16 m CODE OF ''USINESS ETHICS Pursuant to City Resolution No.2000-37879, the Bidder shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its response or within three (3) days upon receipt of request. The Code shall, at a minimum, require the Bidder, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. Bidder shall submit firm's Code of Business Ethics within three (3) of request by the City. In lieu of submitting Code of Business Ethics, Vendor may indicate that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at http://www.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-and-procedures/ Bidder adopts the City of Miami Beach Code of Business Ethics? 112 YES 0 NO DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 Biaaer wui suomlt nrm-s l.oae or business ttnics witnin tnree(3)days of request by the City? p YES O NO SECTION 17® DRUG FREE WORKPLACE CERTIFICATION The Drug Free Workplace Certification is available at: https://www.miamibeachfl.gov/wp-content/uploads/2019/04/DRUG-FREE-WORKPLACE-CERTI FICATION.pdf By virtue of submitting bid, bidder certifies or affirms it has adopted policies, practices and standards consistent with the City's Drug Free Workplace Certification. SECTION 18® LO[ BYIST REGIST•ATION REQUIREME`JTS This solicitation is subject to, and all bidders are expected to be or become familiar with, all City lobbyist laws. Bidders shall be solely responsible for ensuring that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including,without limitation,disqualification of their responses, in the event of such non- compliance. By virtue of submitting bid, bidder certifies or affirms that they have read and understand the above Lobbyist Registration Requirements. SECTIS- 19 ISCRIMI, ATl'I* The.Non-Discrimination ordinance is available at: https://library.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIPR DIV3COPR 52-375NSCCOREWA By virtue of submitting bid, bidder agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. SECTI*N 20 o Fi',IE'; CHANCE REQUIREt, ENT The Fair Chance Ordinance No. 2016-4012 is available at: https://library.municode.com/fl/miami beach/codes/code of ordinances?nodeld=SPAGEOR CH62HURE ARTVFACHOR By virtue of submitting bid, bidder certifies that it has adopted policies, practices and standards consistent with the City's Fair Chance Ordinance. Bidder agrees to provide the City with supporting documentation evidencing its compliance upon request. Bidder further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement, in addition to any damages that may be available at law and in equity. SECTIOr. 21 e PU=;LIC ENTITY CRIMES Please refer to Section 287.133(2)(a), Florida Statutes, available at: https://www.flsenate.gov/Laws/Statutes/2012/287.133 By virtue of submitting bid, bidder agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. SECTION 23 ®VETERAN BUSINESS ELATE-PRISES PREFERENCE Pursuant to City of Miami Beach Ordinance . No. 2011- . 3748, https://library.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIPR DIV3COPR 52-374PRPRPRVECOGOCOSE the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders,which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the Inwact hid niirciiant to an ITR RFP RFn ITN nr nral or written request for quotation, and such bids are responsive, DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 responsiole ana otnerwise equal witn respect to quality and service,then the award shall be made to the service-disabled veteran business enterprise. Is the bidder a service-disabled veteran business enterprise certified by the State of Florida? YES p NO Is the bidder a service-disabled veteran business enterprise certified by the United States Federal Government? YES p NO DocuSign Envelope ID:9D01 E8C7-8DCD-4881-A5C8-962A4C0E17F8 Blue Medium Service Fee Structure/Cost Proposal For Blue Medium's services outlined above, from the period November 15, 2021 through May 14, 2022. Blue Medium requires a monthly service fee of$5,000, totaling $60,000 for a one year engagement. DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 Blue Medium Case Studies/Experience and Qualifications Blue Medium has identified the following case studies among its client history as particularly applicable to the City's profile and needs: 1. The New York City AIDS Memorial Blue Medium provided public relations strategy and general services for its annual public art activations coinciding with World AIDS Day (December 1) in 2020 and 2019. As a result of Blue Medium's tactics and outreach, garnering coverage in broadcast and major international newspapers. The New York City Aids Memorial has worked with Blue medium in this capacity for the past two years and is continuing in 2021. Contact: Dave Harper, Executive Director dave@nycaidsmemorial.org (917) 217-6378 2. Recent public art projects by Galerie Lelong Blue Medium advised on public relations strategy and supported the gallery on media outreach surrounding recent high-profile public art projects by artists represented by its client, Galerie Lelong & Co. Examples include Jaume Plensa's recently-launched "Water Soul" in New Jersey City (2021), Krzysztof Wodiczko's "Monument" at Madison Square Park in New York City (2020) and Leonardo Drew's "City in the Grass" also at Madison Square Park (2019). All three exhibitions received coverage in major international outlets. Galerie Lelong has been a Blue Medium client for eight years. Contact: Grace Hong, Press and Communications Galerie Lelong qrace@galerielelong.com (212) 315-0470 3. Billboard Project by Art At a Time Like This Blue Medium advised the arts nonprofit Art at A Time Like This on its summer 2020 "Billboard Project", developing a strategy for acquiring artists to participate, fundraising, and public relations.This project was featured on the front page of the New York Times art section by critic Holland Cotter for its "Best of 2020" feature. Contact: Barbara Pollock, Co-Founder & Co-Director Art At a Time Like This bxpollack@gmail.com (646) 522-7774 References: DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 Mary Sabbatino, Partner, Galerie Lelong, New York Gallery Lelong is a current client of Blue Medium,whom we have worked with since 2013. Blue Medium performs services similar to those proposed for the City of Miami Beach. mary@aalerielelonq.com (212j 315-0470 Christina Vasallo, Executive Director,The Fabric Workshop and Museum, Philadelphia The Fabric Workshop and Museum is a current client of Blue Medium,whom we have worked with since 2018. Blue Medium performs services similar to those proposed for the City of Miami Beach. cv@fabricworkshooandmuseum.org (215) 561-8888 Cristin Tierney, Owner, Cristin Tierney Gallery, New York Cristin Tierney Gallery is a current client of Blue Mediums,whom we have worked with since 2020. Blue Medium performs services similar to those proposed for the City of Miami Beach. cristin@cristintierney.com (212) 594-0550 Bid submittal questionnaire Why Blue Medium? Founded in 2000, Blue Medium is a public relations company specializing in serving the visual arts, architecture, and design communities. From long-term, full- scale communications strategy and implementation to shorter term project-based public relations, Blue Medium provides a range of services founded upon lasting relationships with the media we serve and a high standard of professional trust and reliability. Based in New York City, Blue Medium represents national and international art museums, cultural organizations, foundations, traveling exhibitions, arts associations, art fairs and art galleries, architecture and design studios and projects, public and private sponsors of the visual arts, academic institutions in the visual arts and design and corporations operating in the art and design fields. Our Core Values • Close working relationships and mutual trust that allow us to become and extension of our clients' in-house communications team; • Transparent reporting systems, protocols and commitment to communication, whether in person or digitally; • Trusting our relationships with top-tier national and international media outlets; DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 • Professionalism in institutional and corporate relationships, for clients to augment all aspects of the Public Relations campaign and foster community relations; and, • Expertly led, esoteric teams that benefit from the support of Blue Medium's network of in-house professionals. Current Visual Arts Clients Blue Medium is pleased to currently work with the following visual arts clients: Acquavella Galleries (New York & Palm Beach), Archives of American Art, Smithsonian Institution (Washington, D.C. & New York), Arizona State University Art Museum (Phoenix), Cristin Tierney Gallery (New York), The Fabric Workshop and Museum (Philadelphia), Galerie Lelong &Co. (New York),The Galerie St. Etienne (New York), Howl! Arts (New York), The Kallir Research Institute (New York), Megan Fox Kelly Art Advisory (New York), The Shelley and Donald Rubin Foundation (New York), Skowhegan School of Painting and Sculpture (Skowhegan & New York) and The Warhol Museum (Pittsburgh). Thank you for the opportunity to submit this proposal. Please let us know if you would like us to expand upon any of the items outlined herein. DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 Blue Medium Public Relations Scope of Services Client Activation: • Perform a full team call with the City of Miami Beach in the first two weeks of the agreement to meet with leadership/stakeholders, develop our communications plan and PR asset needs specifically relating to the launch programming, messaging, and leadership. Strategy Development: • Develop a communications and marketing strategy, plans/timelines to ensure that PR assets, media invitations, and announcement deadlines are developed and executed; • Develop key messages and objectives to embed and enhance an understanding of the City's cultural programs; operations, and communications goals; and, • Develop media strategies and sample story angles that elevate the awareness of programming, community, exhibitions, events, and leadership. Marketing and Social Media: • Where applicable, review City's general cultural marketing plans and,working within a set budget, provide recommendations for advertising purchasing and earned media; • Leverage existing media relationships with publishers to develop favorable advertising/marketing packages; • Advise on a separate advertising/marketing plans for digital platforms (if budget is available); • Conduct periodic audits of existing social media practices and provide analysis of best practices; and, • Identify digital and social media assets to post in a timely manner on City's platforms to complement the PR initiatives and increase attention and audience to the programs. Materials Development: • Review and adapt existing media materials and advise on other collateral relating to the programs, exhibitions and events; • Develop media kits to include, at a minimum, fact sheets, leadership biographies, short history/timelines with key dates, institutional image sheets; and, • Develop news releases for major announcements (up to three per quarter). Media Outreach: • Develop a media trips for members of the national and international media to visit arts and culture programs; • Provide recommendations for media to visit and cover public cultural events in the City of Miami; • Monitor arts and cultural tourism-related media visiting Miami Beach and invite them to engage with program and leadership; • Perform all national and international media outreach on behalf of the City; DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 • Facilitate all media relations and appointments between the City, the artists' studios, cultural institutions, presenting organizations, galleries, and other parties involved with the realization of the programming; • Pitch media opportunities with City leadership; • Develop introductions between City leadership and other contemporary art professionals, especially during Art Basel Miami Beach; • Advise on top media that should receive exhibition catalogues (when applicable) and/or other printed materials; and, • Monitor big-picture stories developing in the media that could pertain to Miami Beach and advise on positioning leadership as sources for quotes and information (when appropriate). General Public Relations Services: • Serve as national and international media contact on the artandculture@miamibeachfl.com website and media materials; • Review existing media contact list and provide refreshed/expanded set of contacts; • Send regular updates on new media contacts and staffing changes among media outlets; • Advise on protocol and methods for expediently correcting inaccuracies published in the media; • Provide general public relations counsel for the duration of the agreement on any issue that may affect the reputation of the City's arts and culture portfolio; and, • Provide media tracking services with links to coverage and clippings as they happen. Client Relations: • Assign one Account Director to work directly with the City to oversee and execute services with support from a team outlined below; • Conduct bi-weekly touch-base phone calls and quarterly full team phone calls to keep the City team informed of public relations efforts, and to keep updated on City's initiatives and programming; • Provide weekly reports on activities on behalf of City including updates on the status of pending press, as well as links and/or clippings of recent coverage; and, • Provide biannual reports of all coverage, media materials, and reach. Service Fee Structure For Blue Medium's services outlined above, from the period November 15, 2021 through May 14, 2022. Blue Medium requires a monthly service fee of$5,000, totaling $60,000 for a one year engagement. If additional services or an extended contract period are required for this project, Blue Medium will discuss, in advance, the options with the City of Miami Beach to determine an appropriate fee structure. Out-of-pocket expenses related to these services include local and regional staff and media travel, phone charges, subscriptions, etc. Detailed expense invoices are issued at the end of each month. DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 Work Practices & Team Blue Medium will schedule a full-team meeting or full-team conference call with City of Miami Beach during the first week of the agreement to lay groundwork for the campaign and will then schedule and conduct bi-weekly touch-base calls and bi- monthly full team meetings (or bi-monthly full-team conference calls when a meeting is not possible). Blue Medium's team for this project will be (subject to change): 114 John Melick, President/Founder Development of campaign strategy, overall supervision of the campaign and management of the account team; participation in quarterly in-person meetings/full- team calls. �t �r 1 • . , e Andy Cushman, Account Director, Visual Arts Lead executive responsible for account. Oversees execution of campaign strategy and general supervision of the campaign and day-to-day supervision of the account team, reviews and edits all media materials, supplements top-level strategy and outreach to the art world; participation in meetings and calls. DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 79 ' 1wr 1 ,, . 0 i ^. . Abby Addams, Account Manager, Visual Arts General client liaison. Conducts bi-weekly calls.Senior management of clippings and weekly outreach reports, general development of documents, pitching to media, and outreach to the art world. Blue Medium will work directly with and report to a designated representative of City of Miami Beach to execute the campaign and streamline client/agency relations. In addition, Blue Medium will schedule a meeting three (3) months following the start date to assess the campaign to date and analyze challenges and strengths moving forward. 4 ' MIAMI BEACH Tourism and Culture Department,1755 Meridian Ave, 5th Floor,305-673-7577 CITY MANAGER AND CITY CLERK SIGNATURE REQUEST COVER SHEET Date: 02/23/2022 Document: PSA Between The City of Miami Beach and Blue Medium, Inc.for Public Relations/Artistic Services for City of Miami Beach.aColeted contract routing form attached on following age, The Tourism and Culture Department requires public relations services for cultural affairs activations and projects.To seek proposals for the services,the department issued RFLI 2022-083-ND Strategic Communications and Publicity Services.Two proposals were received.The department selected Blue Medium based on its experience in working with national and international art media.The corresponding RFLI documents are attached at the end of the PSA. Because services were needed for the Art Basel events,services commenced on November 15, 2021 prior to the execution of the contract.The department is seeking retroactive approval of the agreement, which will be in effect until November 14, 2022.The department will work with a Procurement Department to issue an RFQ for a longer term agreement. Budget Code 160-4300-000349 Department:Tourism and Culture Contact Person:Joshua Carden Extension: 26127 Email:joshuacarden@miamibeachfl.gov Please return to:Joshua Carden Extension: 26127 Email:joshuacarden@miamibeachfl.gov Thank-you! DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 /v\I AM I BEACH pt „ + i ri i _ ����Contract/Document'Rout�mg�Form PSA Between The City of Miami Beach and Blue Medium,Inc.for Public Relations/Artistic Services for City of Miami Beach tt A . ,e.�. y x sRe in �De�'artinen[vv k. Contractor ._°�. t-� YP 'fi*� � uest .,�:,��. ,b��",`c+. �T ��;,r, ��•. Blue Medium,Inc. Tourism&Culture De,artr ient,Director Lissette Garcia Arrogante Marcia MonserratCAtaelb wat 'S . a _.. �d.<;Fi, ; 's .!e $�OCUITtent"£T�oe Select:One Ft" ' ?r:�'. ,.i..,;...'S`i.-�,y�..,.. rN ,-.ti,:;.r,+fFS,�:'•,P X Type 1—Contract,amendment,change order or task order resulting from a procurement-issued competitive solicitation. Type 2—Other contract,amendment,change order or task order not resulting from a procurement-issued competitive solicitation. Type 3—Independent Contractor Agreement(ICA) Type 6—Tenant Agreement Type 4—Grant agreements with the City as the recipient Type 7—Inter-governmental agency agreement Type 5—Grant agreements with the City as the grantor Other: ,• i .. -cue .,., - w..., B,riefrSummar :&Purr oae attachtmemorifiadditioral`s ace,is,ne¢essa, , ': 1; The Tourism and Culture Department requires public relations services for cultural affairs activations and projects. To seek proposals for the services,the department issued RFLI 2022-083-ND Strategic Communications and Publicity Services. Two proposals were received.The department selected Blue Medium based on its experience in working with national and international art media.The corresponding RFLI documents are attached at the end of the PSA. Because services were needed for the Art Basel events,services commenced on November 15,2021 prior to the execution of the contract.The department is seeking retroactive approval of the agreement,which will be in effect until November 14, 2022.The department will work with a Procurement Department to issue an RFQ for a longer term agreement. Budget Code 160-4300-000349 t +Ren"ewai Periods- a • :'`. rr .. •Total Teemw Oh:inal+aReri'ewals ," 't't•1 Nov.15,2021 through Nov.14,2022 0 1 „,:{',�'G`,c, S:';s. a. �.J': " ' Fun"tl�n: l'11 orn'13;ton:R"�„° ,' Grant Funded: Yes X No State Federal Other: '^ '°�� � a3 " rf Cot&�Fiindin-aSource•' ,. . ,,; , . va �.;;n : �� NM_ tAnnualiCost<n z;.; , .�f `;,;, Accounta r.r Recure'Enhiancentent4 1 $60,000 160-4300-000349 Yes X No 2 Yes No 3 50k under special events Marketing Yes _ No 4 10k under Culture Crawl Yes No 5 Yes No 1.For contracts longer than five years,contact the Procurement Department. 2.Attach any supporting explanation needed. 3. Budget approval indicates approval for current fiscal year only. Future years are subject to City Commission approval of annual adopted operating budget. Mato , 441..5.4 AuthSori' RYO§Si':n r 41 „ eti.,• 'r ,.. - to City Commission Approved: Yes X No Resolution No.: CC Agenda Item No.: CC Meeting Date: 2021-31872 If no,explain why CC approval is not required:PSA below$100,000,City Manager has authority to sign.Funds have been previously budgeted. Legal Form Approved: X Yes No If no,explain below why form approval is not necessary: q e ree�+ `' �: .. . tiCord;Iianc A•a roVaisk Procurement: Alex Denis Grants: N/A Budget: of Technology: N/A g Tameka Otto4r1oationga -rmati-0}(a Si<wavi DocuSign Envelope ID:9D01E8C7-8DCD-4881-A5C8-962A4C0E17F8 Risk Management: N/A Fleet&Facilities: N/A Human Resources: N/A Other: