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2001-24239 RESO RESOLUTION NO. 2001-24239 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BRIDGE HOUSE 1 COMMUNIKATZ JOINT VENTURE, AS THE SUCCESSFUL PROPOSER PURSUANT TO RFQ NO. 121.99/00, FOR THE PERFORMANCE OF COMMUNITY INVOL VEMENTI LIAISON CONSULTANT SERVICES FOR THE COLLINS AVENUE RECONSTRUCTION PROJECT, FROM LINCOLN ROAD TO 26TH STREET; SAID AGREEMENT, IN THE AMOUNT OF $300,000, TO BE FUNDED BY A JOINT PARTICIPATION AGREEMENT (JPA) BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT); AND FURTHER PROVIDING THAT $45,000 OF THE AGREEMENT'S TOTAL PRICE BE SET ASIDE FOR CONTINGENCIES, WITH EACH INSTANCE REQUIRING PRE-APPROVAL BY BOTH THE CITY AND FDOT PROJECT MANAGERS. WHEREAS, pursuant to Request for Qualifications No. 121-99/00, Resolution No. 2000- 24224, authorized the Administration to enter into negotiations with Bridge House/Communikatz Joint Venture (Consultant), as the top-rated proposer, for the performance of Community InformationlInvolvement/Liaison Consultant Services (the Services) for the Collins Avenue Reconstruction Project, from Lincoln Road to 26th Street (the Project); and WHEREAS, a well planned, coordinated, and executed community awareness program is paramount to the implementation of a successful construction mitigation program; and WHEREAS, three negotiation sessions were held on December 29,2000, and January 9 and 12,2001, to ensure the Consultant's understanding of the magnitude, urgency, and importance of the tasks to be undertaken, and outline the City's requirements and expectations for the services to be provided; and WHEREAS, said services, in the amount of $300,000, are to be funded by a Joint Participation Agreement between the City and FDOT, as authorized by Resolution No. 2000-23977, dated June 28, 2000; and WHEREAS, the same Resolution also authorized the appropriation of $300,000 in City funds, for subsequent reimbursement by FDOT within 45 days of receiving an invoice from the City; and WHEREAS, fifteen percent (15%) or $45,000, of the above mentioned funds, are to be set aside for contingencies, with each instance requiring pre-approval by both the City and FDOT Project Managers; and WHEREAS, the Consultant's services shall commence as soon as possible prior to the Project inception date (April 9, 2001), and continue throughout the life of the Project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the Mayor and City Clerk to execute a Professional Services Agreement with Bridge House / Communikatz Joint Venture, as the successful proposer pursuant to RFQ No. 121-99/00, for the performance of Community InvolvementlLiaison Consultant Services for the Collins A venue Reconstruction Project, from Lincoln Road to 26th Street; said Agreement, in the amount of $300,000, to be funded by a Joint Participation Agreement (JPA) between the City and FDOT; and further providing that $45,000 of the Agreement's total price be set aside for contingencies, with each instance requiring pre-approval by both the City and FDOT Project Managers. PASSED AND APPROVED this the 31st day of January ,2001. JJ ATTEST: ~<r f~~ CITY CLERK F:\WOIOO$TIlAIAME.UA'l'DC:mKATlAORE-MEM APPROVED AI TO FOAM & LANGUAGE . FOR EXECUTION /vif~ \-1 g-d' - CITY OF MIAMI BEACH CITY HALL 17DD CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 htlp:\\ci.miami-beach.fl.us TO: FROM: SUBJECT: COMMISSION MEMORANDUM NO. Ll3-tJ( Mayor Neisen O. Kasdin and DATE: January 31, 2001 Members of the City Commission Jorge M. Gonzalez Q .\J\~ City Manager ) v- - U A RESOLUTION 'F THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BRIDGE HOUSEl COMMUNIKA TZ JOINT VENTURE, AS THE SUCCESSFUL PROPOSER PURSUANT TO RFQ NO. 121-99/00, FOR THE PERFORMANCE OF COMMUNITY INVOL VEMENTI LIAISON CONSULTANT SERVICES FOR THE COLLINS AVENUE RECONSTRUCTION PROJECT, FROM LINCOLN ROAD TO 26TH STREET; SAID AGREEMENT, IN THE AMOUNT OF $300,000, TO BE FUNDED BY A JOINT PARTICIPATION AGREEMENT (JPA) BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT); AND FURTHER PROVIDING THAT $45,000 OF THE AGREEMENT'S TOTAL PRICE BE SET ASIDE FOR CONTINGENCIES, WITH EACH INSTANCE REQUIRING PRE-APPROVAL BY BOTH THE CITY AND FDOT PROJECT MANAGERS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS Pursuant to Request for Qualifications No. 121-99/00, and as authorized by Resolution No. 2000- 24224, members of the City Administration and staff held two meetings and one field trip with the top-ranked consultant, Bridge House/Communikatz Joint Venture. The purpose of the meetings was 1) to negotiate the Agreement terms for the performance of Community lnvolvement/Liaison Consultant services (the Services) involving the Collins Avenue Reconstruction Project (the Project), from Lincoln Road to 26th Street; and 2) outline the City's expectations for the Consultant services. At the first meeting (December 29, 2000) and field trip (January 9,2001), several main items were made clear to and agreed upon by the Consultant, among them: (; The City relies on the Consultant to keep the stakeholders informed at all times and to resolve day-to-day challenges resulting from the Project's implementation, without requiring the City's attention or intervention. I UNDING APPROVED c..?E. /-3/-0! AGENDA ITEM DATE January 31,2001 Commission Memorandum Agreement with Bridge House/Communikatz Page 2 (; It is imperative that the Consultant become familiar with the PriceWaterhouseCoopers Study prepared for the Project, and to coordinate the Consultant effort toward aiding and facilitating the implementation of the mitigation strategies suggested in the Study. (; Consultant was alerted to the various public and private projects scheduled for the Collins Avenue area, which will coincide with the FDOT Project. (; Consultant was alerted to the operational and daily needs that the area hotels, businesses and residents will have during the Project construction period. (; Consultant work will commence as soon as possible prior to the construction inception date (April 9, 2001), and will continue throughout the life ofthe Project. (; Consultant will work with designated City and FDOT Project Managers as well as with additional personnel assigned by the various City departments. (; In addition, Consultant was required to prepare a Revised Scope of Services, above and beyond the basic one provided in the City's RFQ packet, to demonstrate a clear understanding of the City needs and expectations for the Project, and the magnitude, urgency, and importance of the tasks to be undertaken, On January 12, 2001, a second meeting was held to finalize the Revised Scope of Services, which is attached hereto as Exhibit "A" to Agreement. Summarv of Essential Consultant Duties: 1. Purpose. Coordinate public information activities for the City/FDOT; communicate with all Project stakeholders; during first two weeks, provide a itemized schedule and quantity estimate for any required public involvement items to be supplied by the City and FDOT. 2. Data. Collect, maintain and update an all-inclusive project mailing/contact list, with a diskette copy provided to City. 3. Community Awareness Plan (CAP). Prepare a CAP that will document how cooperative relationships will be developed and maintained. 4. Public Meetings. Prepare, publicize, hold, and document public community meetings to involve and inform all stakeholders; and special meetings as needed. 5. Newsletters and Flyers. Design, prepare, and print a quarterly/multicolor newsletter, and a weekly progress report/traffic alert, for partial and/or total distribution to the mailing list, referred to in Item 2., above. 6. Hold Meetings with Project Managers/Officers for the City and FDOT on a monthly basis. Maintain contact with the City's Tourism & Convention Coordinator, and Service Delivery Manager. January 31,2001 Commission Memorandum Agreement with Bridge House/Communikatz Page 3 7. Contacts with Elected Officials will be handled through the chain of command established by the City. At the project's onset, conduct a briefing for high level appointed and elected officials to apprise them of the schedule and work to be done. 8. Public Involvement Products will be prepared and distributed by Consultant. 9. Internet Sites. Provide text and updates for linkage with CitylFDOT internet sites, and answer all e-mail communications. 10. Traveler Information Radio Network (TIRN). Provide project related information for inclusion on FDOT's TIRN. 11. Special Public Involvement Requirements: (; Orient consultant efforts toward aiding an facilitating the implementation of the mitigation strategies suggested by PriceWaterhouseCoopers' Study for the project. (; Develop a strategic approach to identifying and managing existing and emerging issues. (; Develop a policy and strategic approach for resolving difficult issues. (; Develop an action plan to receive and disseminate information, and a schedule of key elements/timetable for delivery of products. (; Organize, coordinate, and document the work of the Stakeholders Task Force. (; Establish an office in close proximity to the Project area, with a member of the Consultant team available on-site, as deemed necessary by the City. (; Maintain 24-hour hotline with updated information, and provide/document emergency on-call services. (; Respond to and document any emergency calls within one (1) hour of notification. (; Work with FDOT/City to produce a rendering drawing/illustration of how a refurbished Collins Avenue will look after reconstruction, for early distribution to all stakeholders, (; Develop and submit an invoicing procedure and format for approval by both the City and FDOT, in order to facilitate invoice payments and reimbursements from FDOT. Summary of Essential City Duties: The City will playa pivotal role in both the Public Involvement Program and the Collins Avenue Reconstruction Project, that will involve the following activities: 1. Establish a Stakeholders Task Force composed of hoteliers, business owners and residents to monitor the project. 2. The Parking Department will coordinate and implement parking and loading programs along 17th and 18th Streets. January 31,2001 Commission Memorandum Agreement with Bridge House/Communikatz Page 4 3. The City will monitor and assess the construction schedule and the maintenance of traffic plan (MOT), on a daily basis. 4. The Consultant will work directly for the City, with the following assigned personnel: o Transportation/Concurrency Management Director (Joseph Johnson) will administer the Consultant contract; o Community Resources Manager (Lynn Bernstein) will help resolve public right-of- way, hotelier and stakeholder issues; o Convention & Tourism Coordinator (Michael Aller) for visitorltourist issues; o Assistant Police Chief (Don DeLucca) for MOT enforcement issues; and o Assistant City Manager (Matthew Schwartz) assigned to oversee the project and assess its impact to hotels, local businesses, and stakeholders. 5. Additional staff from various City Departments will be assigned to work with and provide support to the Consultant and City/FDOT project managers in resolving serious problems, issues, and concerns. 6. Due to the complexity of the project, the Administration will continue to hold a weekly coordination meeting with all City departments which are directly or indirectly involved in the project. FUNDING: For the above-mentioned Consultant services, $300,000 is provided (via the reimbursement method) by a fully executed JPA with FDOT, with City funds appropriated in the interim, as authorized by Resolution No. 2000-23977, of June 28, 2000. The $300,000 in funds will be handled as follows: o Eighty-five percent (85%) or $255,000 of the total Agreement price will cover the costs of the services outlined in Exhibit "A," the Revised Scope of Services. o Fifteen percent (15%) or $45,000 of the total price will be set aside by the City as contingency funds. Such funds can be expended only after written approval, per each instance, by both the City and FDOT project managers. The Consultant will propose an invoicing procedure and format that are acceptable to both the City and FDOT. This will facilitate the processing/payment of invoices by the City, and the subsequent reimbursement by FDOT, within 45 days of receiving an invoice from the City. It is in the best interest of the City to have the public information/liaison component of the Collins Avenue Reconstruction Project fully operational as soon as possible, since the FDOT project construction is scheduled to commence on April 9, 2001. Therefore, the Administration recommends approval of the Resolution. JG~'j/AJ ~ Attachments RIWORK\$TRA1MIIlUA'<<>OT\ItATl.AQJtE.MI!M I" ...r AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND BRIDGE HOUSE/COMMUNIKATZ JOINT VENTURE FOR THE PERFORMANCE OF COMMUNITY INVOLVEMENTILIAISON CONSULTANT SERVICES FOR THE COLLINS A VENUE RECONSTRUCTION PROJECT, FROM LINCOLN ROAD TO 26TH STREET THIS AGREEMENT made and entered into this Z- day of ----MtlAe.k , 2001 by and between the CITY OF MIAMI BEACH, FLORIDA (hereinafter referred to as City), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139 and BRIDGE HOUSE/COMMUNIKA TZ JOINT VENTURE (hereinafter referred to as Consultant), whose address is 1632 Pennsylvania Avenue at Lincoln Road, 2nd Floor, Miami Beach Florida, 33139. SECTION 1 DEFINITIONS Agreement: This written Agreement between the City and Consultant. City Manager: "City Manager" means the Chief Administrative Officer of the City. 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 pursuant to or undertaken under this Agreement, as described in Section 2. Project: The Collins A venue Reconstruction Project, from Lincoln Road to 26th Street, being performed by the Florida Department of Transportation. FDOT: Florida Department of Transportation, District Six. Fixed Fee: Fixed amount paid to the Consultant to cover the costs of the Services. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139. -1- Termination: Termination of Consultant Services as provided in Subsection 4.9 of this Agreement. SECTION 2 SCOPE OF WORK The scope of work to be performed by Consultant is set forth in Exhibit "A," entitled "Revised Scope of Services" (Services), SECTION 3 COMPENSATION 3.1 FEE Consultant shall be compensated for the Services to be provided herein in an amount not to exceed Three Hundred Thousand and 00/100 Dollars ($300,000), as follows: 3.1.1 Fixed Fee of Two Hundred and Fifty Five Thousand and 00/100 Dollars ($255,000.00) for the Services set forth in Exhibit "A" hereto. 3.1.2 Contingency Fee. In addition, $45,000 (or fifteen percent of $300,000) shall be set aside by the City for contingencies. Such funds can be expended only after written pre-approval, for each instance, by both the City and FDOT Project Managers. 3.2 INVOICE FORMAT AND PROCEDURE Consultants shall propose an invoicing procedure and format that are acceptable to both the City and FDOT, thereby facilitating invoice payments by the City as well as the subsequent reimbursements to the City by FDOT. 3.3 METHOD OF FA YMENT Payments shall be made within thirty (30) days of the date of invoice received by the City. -2- . . SECTION 4 GENERAL PROVISIONS With respect to the performance of the Services, Consultant shall do the following: 4.1 RESPONSIBILITY OF THE CONSULTANT 4.1.1 Consultants shall exercise that degree of skill, care, efficiency and diligence normally exercised by recognized professionals with respect to the performance of comparable Services. 4.1.2 A well planned, coordinated, and executed community awareness program is paramount to the implementation of a successful construction mitigation program. Consultants shall become familiar with the PriceWaterhouseCoopers' Study for the Project, dated August 2000, and shall fully orient itself with the mitigation strategies suggested in said Study. 4.1.3 The City shall rely on the Consultant to keep the stakeholders informed at all time and to resolve day-to-day challenges resulting from the Project's implementation, without requiring the City's attention or intervention. 4.1.4 Within two (2) weeks following the issuance of a Notice to Proceed by the City, the Consultant will provide the City with an itemized fee structure and timeline for the various tasks involved in the Revised Scope of Services, attached hereto as Exhibit "A." 4.1.5 In its performance of the Services, Consultant shall comply with all applicable laws and ordinances, including but not limited to, applicable regulations of the City, County, State, Federal Government, ADA, EEO Regulations and Guidelines. 4.2 PUBLIC ENTITY CRIMES State of Florida Form PUR 7068, Sworn Statement under Section 287 _133(3)(a) Florida Statute on Public Entity Crimes shall be filed with the Procurement Division. -3- . . 4.3 PROJECT MANAGEMENT The Consultant shall appoint a qualified individual acceptable to the City to serve as Project Manager for the Services who shall be fully responsible for the day-to-day activities under this Agreement and who shall serve as the primary contact for the City's Project Manager. 4.4 DURATION AND EXTENT OF AGREEMENT The term of this Agreement shall commence immediately upon receipt of a "Notice to Proceed" from the City, and continue throughout the life of the Collins Avenue Reconstruction Project (the Project), which is scheduled to begin approximately on April 9, 2001 and end approximately by November 2002. 4.5 TIME OF COMPLETION Consultant shall agree to a completion date to be determined by the City, in consultation with the Florida Department of Transportation (FDOT), that is reasonably consistent with the appropriate duration of the Project, and with the term of this Agreement, as set forth in Section 4.4 above. In the event that the City and Consultant deem that an extension of the term of this Agreement and of Consultant's Services is necessary, same shall be memorialized by an amendment to this Agreement and may include a reasonable increase in the compensation to Consultant, as deemed necessary and mutually agreed to by the parties. However, notwithstanding the preceding, the City and Consultant agree that in the event the Project is delayed or prevented from proceeding by any circumstances beyond the reasonable control of the City (and FDOT), including weather conditions or acts of God which would render construction work impracticable, then the term of this Agreement shall be automatically extended, and Consultant shall not be entitled to any additional compensation for the Services to be provided herein. The City and Consultant herein agree that the Agreement and Consultant's Services to be provided herein, are intended to be provided for the life of the Project, as defined above. Therefore, should weather or acts of God delay or otherwise prevent the Project from being completed on or before the approximate date set forth in Section 4.4. above, Consultant shall be obligated to continue to provide the Services set forth herein for the total fee agreed to in Section -4- , . 3 of the Agreement. 4.6 OWNERSHIP OF DOCUMENTS AND EOUlPMENT All documents prepared by the Consultant pursuant to this Agreement are related exclusively to the Services described herein, and are intended or represented for ownership by the City. Any reuse by Consultant or the parties shall be approved in writing by the City. Notwithstanding the foregoing, the City agrees that Consultant may use such non-confidential documents prepared pursuant to this Agreement for the exclusive purpose of Consultant's promotional materials. 4.7 INDEMNIFICATION Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its employees, agents, sub-consultants, or any other person or entity acting under Consultant's control, in connection with the Consultant's performance of the Services pursuant to this Agreement; and to that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgements 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 parties agree that one percent (1 %) of the total compensation to the Consultant for performance of the Services under this Agreement is the specific consideration from the City to the Consultant for the Consultant's Indemnity Agreement. The Consultant's obligation under this Subsection shall not include the obligation to indemnify the City of Miami Beach and its officers, employees and agents, from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the City and its officers, employees and agents. The parties each agree -5- . . to give the other party prompt notice of any claim corning to its knowledge that in any way directly or indirectly affects the other party. 4.8 INSURANCE REOUlREMENTS The Consultant shall not commence any work pursuant to this Agreement until all insurance required under this Subsection has been obtained and such insurance has been approved by the City's Risk Manager. The Consultant shall maintain and carry in full force during the term of this Agreement and throughout the duration of the work the following insurance: 1. Professional General Liability in the amount of $1,000,000.00. A certified copy of the Consultant's (and any sub-consultants') Insurance Policy must be filed and approved by the Risk Manager prior to commencement. 2. Workers Compensation & Employers Liability as required pursuant to Florida statute. Thirty (30) days written notice of cancellation or substantial modification in the insurance coverage must be given to the City's Risk Manager by the Consultant and its insurance company. The insurance must be furnished by insurance companies authorized to do business in the State of Florida and approved by the City's Risk Manager. Original certificates of insurance for the above coverage must be submitted to the City's Risk Manager for approval prior to any work commencing. These certificates will be kept on file in the office of the Risk Manager, 3rd Floor, City Hall. The Consultant is responsible for obtaining and submitting all insurance certificates for their consultants. All insurance policies must be issued by companies authorized to do business under the laws of the State of Florida. The companies must be rated no less than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City's Risk Manager. -6- , , Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this Subsection or under any other portion of this Agreement, and the City shall have the right to obtain from the Consultant specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required overage. 4.8.1 ENDORSEMENTS All of Consultant's certificates, above, shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. 4.8.2 CERTIFICATES Unless directed by the City otherwise, the Consultant shall not commence the Services until the City has received and approved, in writing, certificates of insurance showing that the requirements of this Subsection (in its entirety) have been met and provided for. 4.9 TERMINA nON. SUSPENSION AND SANCTIONS 4.9.1 Termination for Cause If the Consultant shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, the City shall thereupon have the right to terminate the Services then remaining to be performed. Prior to exercising its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of this Agreement and shall grant Consultant ten (10) days to cure such default. If such default remains uncured after (10) days, the City, upon seven (7) days notice to Consultant, may terminate this Agreement and the City shall be fully discharged from any and all liabilities, duties and terms arising out of/or by virtue of this Agreement. In that event, all finished and unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports and other work products prepared by the Consultant and its -7- subcontractors shall be properly assembled and delivered to the City at the Consultant's sole cost and expense. Consultant shall be paid for any Services satisfactorily performed up to the date of termination. 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 additionally be entitled to bring any and alllegal/equitable actions which it deems to be in its best interest in order to enforce the City's right and remedies against the defaulting party. The City shall be entitled to recover all costs of such actions, including reasonable attorneys fees. To the extent allowed by law, the defaulting party waives its right to jury trial and its right to bring permissive counter claims against the City in any such action. 4.9.2 Termination for Convenience of City THE CITY MAY, FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE SERVICES THEN REMAINING TO BE PERFORMED AT ANY TIME DURING THE TERM HEREOF BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION, WHICH SHALL BECOME EFFECTIVE SEVEN (7) DAYS FOLLOWING RECEIPT OF THE CONSULTANT OF THE WRITTEN TERMINATION NOTICE. IN THAT EVENT, ALL FINISHED OR UNFINISHED DOCUMENTS AND OTHER MATERIALS, AS DESCRIBED IN SECTION 2 AND IN EXHIBIT" A" SHALL BE PROPERLY ASSEMBLED AND DELIVERED TO THE CITY AT CONSULT ANT'S SOLE COST AND EXPENSE. IF THE AGREEMENT IS TERMINATED BY THE CITY AS PROVIDED IN THIS SUBSECTION, CONSULTANT SHALL BE PAID FOR ANY SERVICES SA TISFACTORIL Y PERFORMED UP TO THE DATE OF TERMINA TION. 4.9.3 Termination for Insolvency The City also reserves the right to terminate the remaining Services to be performed 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 4.9.2. -8- . . 4.9.4 Sanctions for Noncompliance with Nondiscrimination Provisions In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such sanctions as the City or the State of Florida may determine to be appropriate, including but not limited to, withholding of payments to the Consultant under the Agreement until the Consultant complies and/or cancellation, termination or suspension of the Services. In the event the City cancels or terminates the Services pursuant to this Subsection the rights and obligations of the parties shall be the same as provided in Section 4.9.2. 4.9.5 Changes and Additions Changes and additions to the Agreement shall be directed by a written amendment signed by the duly authorized representatives of the City and Consultant. Said amendment shall provide an equitable adjustment in the time of performance, and, if applicable, in compensation to Consultant, a reallocation of the task budget and, if applicable, any provision of this Agreement which is affected by said amendment. The City shall not reimburse the Consultant for the cost of preparing Agreement change documents, written Notices to Proceed, or other documentation in this regard. 4.10 AUDIT AND INSPECTIONS At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City and/or such representatives as the City may deem to act on its behalf, to audit, examine and make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Consultant shall maintain any and all records necessary to document compliance with the provisions of this Agreement. 4.11 ACCESS TO RECORDS Consultant agrees to allow access during normal business hours to all financial records to the City and/or such authorized representatives as it may deem to act on its behalf, and agrees to provide such assistance as may be necessary to facilitate financial audit by the City or its representatives when deemed necessary to insure compliance with applicable accounting and financial standards. Consultant shall allow access during normal business hours to all other -9- . , records, forms, files, and documents which have been generated in performance of this Agreement, to those personnel as may be designated by the City. 4.12 ASSIGNMENT. TRANSFER OR SUBCONTRACTING The Consultant shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the City. 4.13 SUB-CONSULTANTS The Consultant shall be liable for the Consultant's services, responsibilities and liabilities under this Agreement and the services, responsibilities and liabilities of sub-consultants, and any other person or entity acting under the direction or controls of the Consultant. When the term "Consultant" is used in this Agreement, it shall be deemed to include any sub-consultants and any other person or entity acting under the direction or control of Consultant. All sub-consultants must be approved in writing prior to their engagement by Consultant. 4.14 EOUAL EMPLOYMENT OPPORTUNITY In connection with the performance of this Agreement, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, age, national origin, place of birth, marital status, or physical handicap. The Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during their employment without regard to their race, color, religion, ancestry, sex, age, national origin, place of birth, marital status, disability, or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or termination; recruitment or recruitment advertising; layoff or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. 4.15 CONFLICT OF INTEREST The Consultant agrees to adhere to and be governed by the Metropolitan Dade County Conflict of Interest Ordinance (No. 72-82), as amended; and by the City of Miami Beach Charter and Code, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder.m -10- , . The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the Services. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Consultant. 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. 4.16 PATENT RIGHTS: COPYRIGHTS: CONFIDENTIAL FINDINGS Any patentable result arising out of this Agreement, as well as all information, design specifications, processes, data and findings, shall be made available to the City for public use. No reports, other documents, articles or devices produced in whole or in part under this Agreement shall be the subject of any application for copyright or patent by or on behalf of the Consultant or its employees or subcontractors. 4.17 NOTICES All communications relating to the day-to-day activities shall be exchanged between the Project Manager appointed by Consultant and the Project Manager designated by the City. The Consultant's Project Manager and the City's Project Manager shall be designated promptly upon commencement of the Services. All other notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of the Consultant and the City listed below or may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the city of dispatch). -11- Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: Bridge House/Cornrnunikatz Joint Venture Michele Burger, Project Manager 1632 Pennsylvania Avenue at Lincoln Road, 2nd Floor Miami Beach Florida, 33139 (305) 532-7200 (305) 532-2029 - Fax Cornrnunikatz, Inc. Eric S. Katz, President 4141 N.E. Second Avenue-Suite lOlD Miami Beach, Florida 33137 (305) 573-4455 (305) 573-4466 - Fax TO CITY: City of Miami Beach Joseph W. Johnson, III, Director Transportation Concurrency Management Division Project Manager 1700 Convention Center Drive, 4th Floor Miami Beach, FL 33139 (305) 673-7000, Ext. 6185 (305) 673-7028 - Fax WITH COPIES TO: Office of the City Attorney Attn: Murray H. Dubbin City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Notices hereunder shall be effective: If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the day following the date mailed; and if mailed to an address outside the city of dispatch on the seventh day following the date mailed. -12- 4.18 LITIGATION .TURISDlCTIONNENUE This Agreement shall be enforceable in 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 Dade County, Florida. 4.19 ENTIRETY OF AGREEMENT This writing and the Services embody the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written with reference to the subject matter hereof that are not merged herein and superseded hereby. The Services and the Proposal Documents are hereby incorporated by reference into this Agreement. No alteration, change, or modification of the terms of this Agreement shall be valid unless amended in writing, signed by both parties hereto, and approved by the City Commission of the City of Miami Beach. This Agreement, shall be governed by and construed according to the laws of the State of Florida. 4.20 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 $10,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability as set forth in Section 768_28, Florida Statutes. -13- " IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: By:~d f~ City Clerk By: 1~ Mayor FOR CONSULTANT: BRIDGE HOUSE/COMMUNlKATZ JOINT VENTURE ATTEST: ~; ~ Secretary FOR BRIDGE HOUSE BY:~~ President Corporate Seal ATTEST: FOR COMMUNIKA TZ, INC. LA. (y- Secretary By: {- j (Cy:. President Corporate Seal f,'WORlt'.5TIlAw.u;u^~IU;tl.WN,WI'Il A 'PROVED AI 10 F0FiM & L.ANGUAGa & fOR ex&GU'I'IGM ~ ).'J-X",tJ/ Ity om.,~ Pate -14- SWORN STATEMENT PURSUANT TO SECTION 187.133(3)(..). FLORIDA STATlITES, ON PUBLIC ENTITY CRIMES:'. " H' I' TillS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICI..l. .AlITlIORllED.TOADMINISTEROATHS. ' '. - . ",' ,." ' l. Thisswom slalcment issubmined to Ci ty of Mi ami Beach ~ Eric S. Katz (print individual's name and title) fur Communikatz. Inc. (print name of entity submitting sworn statement) . . I, 4141 NE 2nd Avenue, Suite 101D, Miami, FL 33137 who$C business address is and (if applicable) its Federal Employer Identification Number (FEIN) is ,'59-2591434 (If the entity has no FEIN, statement( include the Social Security Number <?r L I~C, indivi~u~ ,siloi,og. this sworn .J 2. I understand that I "public entity crime" IS defined in Paragraph 287.133(1)(1), Florid. S,.tulfS. means a violation or an)' stale or federal law by. person with respect to and directly related to the transaction of business with any public entity or with IU1 agenc)' or political subdivision ohny other state or oClhe Unlled States, including, but not limited to, any bid or contrlcl for goods or services to be provided to an)' public entity or an agency or political subdivision of any other state or of the United States and involving antitrust. fraud, theft. bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I undersland thai "convicted" or "conviction" as defined In Paragraph 287.133(1 )(b), Florida St.tutrs. means. finding of guilt or a conviction ora public entity crime, with or without an adjudication of guill. in any federal or slate trial court ofrecord relating to charges brought by indictment or jnfoonation after July I, 1989, as a result of ajury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. .",,' 4. I understand that an "affiliate'" as defined in Paragraph 287.133( I )(1), Florida Stllutrs. means:! .; I. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted ofa public entity crime, The tenn "affiliate" includes those officer, directors, executives, partners, shartholders, employees, members, and agents who arc active in the management ofan affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. ..' j'i'.' "'1 S. I understand that a "person" as defined in Paragraph 287.133(1 Xc), Florida Slalulel. means any natural person or entity organized under the laws of any state or of the Uniled States with the legal power to enter into a binding contrllit and which bids or applies to bid on conlracts for the provision of goods or services let by a public entity, or which otherwise transacls or applies to transact business with a public entity. the tenn "person" includes those officers, directors, executives, partners, shareholders. employees, members, and agents who arc active in management of an entity. . 6. Based on Information and belief. the statement which I have marked is true In retation 10 the entity submitting this swom statement. (indicate which statement applies.) -L- Neither the entity submining this sworn stalement, nor any of its officers, ditc:ctors, executives, panners. shareholders. employees, members, or agenls who arc active in the management of the entity. nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent tQ July I, 1989, The entity subminhig this sworn statement, or one or more of the officers, directors, executives, partners. shareholders, employees. members, or agents who are active In the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, panners, shareholders. employees members, or agenl.S who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted ofa pUblic entity crime subsequent to July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer deteonined that it was nol in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attlch a copy of the finll order) SWORN STATEMENT PURSUANT TO SECTION 287.IJJ(J)(a). FI.ORIDA STATUTES. ON PUBLIC ENTITY CRIMES,' TillS FORM MUST BE SIGNED AND SWORN TO IN TIlE PRESENCE OF A NOTARY PUBl.IC OR OTHER OFFICIAl. AUTlIORIZED TO ADMINISTER OATHS. ~y utA: \ (pri~i~~i~d~a\'~nom~t.~~ , W1'~, ING (print name of entity submitting sworn slat~ment) whose business address is_HO?Z, mJN<;'}WAl-JV\- !tift.' and {if applicable) its Federal Employer Identification Number (FEIN) is of ~~i ~ L This sworn statement is submitted to for " VIM-U ~t\ I R ~?\~1 , t,17oc.;~I.,n (l f the entity has no FErN, statement( include the Social Security. Number o~ I !~e ,) i~di\'i~u~. r. signi~g this sworn 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida St.tules. means a violation of any slate-Of federal law by a person with respect to and directly related to the transaction orbusincss with any public entity or with an agcnc.y:or political subdivision or any other state or of the United States, including, but not limited to. 'any bid or contract for goods or services..o be provided to any public entity or an agency or political subdivision of any other state or of the United States and invol....ing antitrust. fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287 .133( I)(b), Florida Statutr!. means a finding of guilt or a conviction ofa public entity crime. with or without an adjudication of guilt in any federal or state trial court of record relating to charges brought by indictment or information afier July I, 1989, as a result of ajury verdict, non-jury trial. or entry of a plea of guilty or nolo contendere. 4. I underStand that an ..affiliate.... as defined in Paragraph 287.133(1 )(a), Florida St.tut~!. means: I. 'A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officer, directors, executive,s, partners, shareholders, employees, members, and agents who arc active in the management ofan affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an ann's length agreement. shall be a prima facie case that one person controls another person. A person who know;ngly enters into ajoint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287 .133(IXe), Florida Slalute!. means any naturaJ person or entity organized under the laws of any state or of the United States with the legaJ power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity. or which otherwise transacls or applies to transact business with a public entity. the term "person" includes those officers, directors. executives, partners. shareholders, employees. members, and agents who are active in management of an entity. ' 6. Based on infonnation and belief. the statement which I have marked is true in relation to the entity submitting this sworn statement. (indicate which statement applies.) J Neither the entity submitting this sworn statement, nor any of its officers. directors, executives. partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent tQ July I, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners. shareholders. employees. members, or agents who are active in the management of the entity, or an affil iate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. The entity submitting this sworn statement. or one or more of its officers. directors, executives. partners. shareholders. employees members, or agents who arc active in the management of the entity, or an affiliate orthe entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida. Di....ision of Administrative Hearings and the Final Order entered hy the Hearing Officer determined that it was not in the public interest 10 place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order) EXHIBIT "A" FINAL SCOPE OF SERVICES, 01/31/00 COLLINS A VENUE PUBLIC INFORMA TIONIINVOL VEMENT/LIAISON CONSULTANT SERVICES This Scope of Services incorporates the City of Miami Beach (City), Florida Department of Transportation (FDOT), and CONSULTANT concepts for the services required of the CONSULTANT, which acknowledges understanding of the magnitude, urgency and importance of the task to be undertaken, A. PURPOSE The CONSULTANT will coordinate public information activities for the City, for the FOOT's Collins A venue Reconstruction Project. The Project corridor is AINCollins A venue, from Lincoln Road to 26th Street, and the one block north, east, and west; and two blocks south of the actual construction area. In addition, a parallel program must be instituted to communicate with a secondary target - the residents, property owners and business operators to the north, south, east, and west of the corridor, who normally traverse the construction area or will experience increased traffic congestion, travel delays and speeding on their streets, as motorists seek to avoid the construction zone. All work will be done in compliance with both the City requirements, and the FDOT's "Community Awareness Program in the District Six-Public Information Plan Format and Requirements" guidelines, as outlined in the Scope of Services' sections, The Agreement Term is for the life of the Collins A venue Reconstruction Project, beginning with a "Notice to Proceed" to be issued by the City, including the three-month transition period between Phases I and II construction, and ending after the Project is completed. B. DEFINITIONS Stakeholders - Includes City, FDOT, property owners, business owners/operators, and residents of residential properties within the Collins A venue Reconstruction Project area. Stakeholders Task Force - Open to anyone in the Stakeholder category; the Task Force will meet regularly but be managed on a day-to-day basis by an executive committee. Other affected constituencies include the Jackie Gleason Theater and the Convention Center; cultural and community groups such as museums, libraries, schools, religious establishments, police and fire rescue; hotel concierges at establishments north and south of the Collins A venue Reconstruction Project; mainland hotel concierges; Lincoln Road property owners and business owners/operators; business owners/operators and residents of adjacent streets; Miami-Dade Transit Agency (MDTA), Electrowave and others. PIP - A shorter way of referring to the Collins A venue Public Information/Involvementl Liaison Consultant Services Program. PI'oject - The FDOT's AINCollins Avenue Reconstruction Project, from Lincoln Road to 26th Street. PWC Study - The Price WaterhouseCoopers' Study for the Project, dated August 2000. C. UPFRONT REOIDREMENTS 1. The City relies on the CONSULT ANT to keep the stakeholders informed at all times and to resolve day-to-day challenges resulting from the Project's implementation, without requiring the City's attention or intervention. 2. Within two weeks of a Notice to Proceed, to be issued by the City, and based on $255,000,* the CONSULTANT will provide the City and FDOT with an itemized fee structure and complete timeline for the various tasks involved in this revised Scope of Services. Per Agreement, the remaining $45,000 * is set aside by the City for contingencies, which will have to be pre-approved (per each instance) by both the City and FDOT Project Managers. 3. Within two weeks of a Notice to Proceed, the CONSULTANT will provide a schedule and quantity estimate for any required public involvement items to be supplied by the City andlor FDOT. 4. Within thirty (30) days of a Notice to Proceed, CONSULT ANT will provide a complete listing of the stakeholders, institutions and public to be targeted (as defined below). The list will be constantly updated, and distributed to the City staff, 5. CONSULTANT will become familiar with the PWC Study for the Project and orient the consulting efforts toward aiding and facilitating the implementation of the mitigation strategies suggested by the PWC Study. The goal ofthe CONSULTANT will be to develop a well-planned and executed PIP in order to minimize the impact of construction on the affected businesses, tourists, and residents. 6, Work with FDOT and City to pI'oduce a rendering illustration of how the Project will look after completed. No such rendering illustration is presently available. 7. CONSULTANT will develop and submit an invoicing procedure and format for approval by both the City and FDOT. This will facilitate City payments to consultants and help ensure that the City is reimbursed by FDOT, under provisions of a Joint Participation Agreement (JP A), 2 D. PUBLIC INVOLVEMENT DATA: The collection of public input occurs throughout the life of the Project, and requires compiling and maintaining the Project mailing list, newspaper clippings, correspondence, public requests and responses. Daily review of local newspapers and collection of news articles is required. The CONSULT ANT will collect, maintain and update the Project mailing list and provide the City and FDOT on a diskette, information which includes but is not limited to the following: <) Stakeholders, defined as property owners, tenants or operators along the corridor and one block north, east and west of the area; and two blocks south of construction area. <) Other affected constituencies, defined as business property owners, tenants and residents who may be outside the Project but will be affected by changes in traffic patterns and increased volumes in traffic on their streets as a result of blockages or closures on AlA/Collins Avenue. <) Elected and appointed local, state and federal officials; municipal boards and committees, and other community leaders and groups, on or with jurisdiction in the Project area. <) Technical staff of City, FDOT and County, including permit and review agencies. <) Utilities such as Florida Power & Light, BellSouth, City, internet service providers, gas, cable television and other service companies, <) Community and cultural service groups, such as schools, churches, synagogues, police and fire rescue, <) The media, for use by the City and FDOT, which will issue any releases and advertisements. <) The City's Tourism & Convention Coordinator, Greater Miami & the Beaches Hotel Association, Miami Beach Convention Center, Greater Miami Conventions & Visitor and Conventions Bureau, tour operators, meeting planners, tourist information agencies, and consular corps. <) Any person or institution expressing an interest in the Project by returning a completed Project data entry card, 3 ." E. COMMUNITY AWARENESS PLAN: An effective and successful construction mitigation program begins with a seamless. well- coordinated. strategicallv planned and executed Community Awareness Pro\1'ram (CAP), In part, the success of a PIP Project lies in avoiding the element of surprise. Miami Beach cannot afford losing tourism and/or convention business to its known competitors (Orlando and the Caribbean) due to this essential roadway reconstruction Project. Therefore, the City requires that the PIP Consultant be very familiar with the Price W aterhouseCoopers Study for the Collins A venue Reconstruction Project in order to orient the consulting efforts toward aiding and facilitating the implementation of the mitigation strategies suggested by the PWC Study, which are the following: o "Establishment of continency plans to ensure access to the affected hotels, particularly by delivery and waste removal vehicles, tours busses and production vehicles. o Ensure maintenance of traffic. (> Assign permanent liaisons between hotels and contractors. (> Increase electric bus service and issue transportation vouchers. o Launch a public relations program including staffing "Project information desks" in major hotels and the Miami Beach Convention Center, unstaffed promotional booths in smaller hotels and an advertising campaign to promote the "New Collins Avenue Corridor." o Take steps to conceal road work (when possible)_ o Communicate with the hotels on an ongoing basis. o Manage hotel inventories to exclude Collins A venue frontage rooms. o Display collateral materials illustrating the Project's future look. " The CONSULTANT's Public Involvement Program will include all aspects of a Community Awareness Plan (CAP), as prescribed by the City and FDOT. The CAP will document how the cooperati ve relationships will be developed and maintained during the construction duration. The plan will include, but will not be limited to the foIiowing: <> Introduction, including Project's purpose and background. <> Description of Project boundaries, both the primary area and the secondary area noted above. <> Statement of challenges and opportunities put forth by this project. (; A strategic approach to identifying and managing existing and emerging issues: Strategy #1 Hotels. Restaurants. and overall hospitality-related industrY who require up-to-the- minute information to maintain the flow of information to their guests and patrons and plan in advance. (Regularly produced MOT bulletin.) Strategy #2 Coordination and Cooperation. In an effort to provide the public with the latest maintenance of traffic and other advisories, a strong cooperation between the construction company and the public information office is required. FDOT and City must ensure that contractors provide the public information office with maintenance of traffic plans and other 4 details at least 72 hours in advance, whenever feasible. (To be discussed at Task Force meetings and disseminated via MOT bulletins.) Strategy #3 Dealin~ with the Visitor Industry. Maintain ongoing communication with tourist organizations, chambers of commerce, tour operators, meeting planners and tourist information agencies. Strategy #4 Construction Pro~ram. Work with contractor to assure business and residential access, and facilitate the MOT plan, including signage programs. Strategy #5 Residential Community. Include residents of nearby neighborhoods and major north- south artery Pine Tree Drive, paralleling the Project from 41st Street south to Dade Boulevard, as part of the stakeholders' list. Property owner information will be generated from the tax rolls and from the Board of Realtors for new property owners. There will be notification prior to and during construction using various communication strategies. Strategy #6 Institutions and Communitv Or~anizations. In addition to the businesses and condominium apartments located on Collins A venue, there are a number of institutions and community organizations that need to be involved in, and advised of, the construction process. They serve as a point of distribution of informatioD, as well as a source of information the Project concerning planned events and special programs. Strategy #7 The Media. It is important that the media understand the Project's benefits, and the need to publishlbroadcast information to assist the City and FDOT in communicating with the general public. In addition, the CONSULTANT will work with the City and FDOT to develop materials for inclusion in the City and FDOT media kits. The City will designate a spokesperson to deal with the media as well as a point of contact to approve news releases, advisories and bulletins. Strategy #8 Special Events Coordination. In part, the success of a PIP project lies in avoiding the element of surprise. It is essential that the CONSULT ANT develop a timetable of special events occurring in the City during the two phases of the Collins A venue Reconstruction Project. CONSULT ANT will work with producers and venues of those events including the City, Convention CeDter, Greater Miami Convention & Visitors Bureau, Greater Miami & the Beaches Hotel Association, Chambers of Commerce and other organizations, to facilitate traffic through and around the construction area. This timetable will be updated as the Project progresses and will be distributed to the City, FDOT and the construction company on a regular basis for advance planning purposes, Strategy #9 Coordination with other Public and Private Construction Projects. As clearly demonstrated to the consultants by Lynn Bernstein on the field trip of January 9th to the Collins A venue area, other construction projects coinciding with this major roadway Project, will require special attention by the PIP program. The CONSULT ANT will rely on information proYided by the City and contractors and facilitate interaction between the FDOT construction manager and construction managers on other, individual projects within the Project area. 5 . . o Strategies for Resolving Difficult Issues and reaching the various public: 1. Investigate opponents and proponents. Invite proponents to attend the Stakeholders Task Force meetings. 2. Identify opponents of Project, learn their reasons for opposition and provide factual information that Tefutes their positions. Whenever possible, CONSULTANT will reach out in a attempt to make them advocates. 3. Review minutes and transcripts, provided by the City, of previous meetings to gain an understanding of issues and public sentiment. Develop a plan of action to work on these issues and exhaust all available resources to resolve them, when possible. 4. Whenever possible, learn from prior FDOT CAPs, and from respective Citizen Advisory Committees, those principles which may be applied to the Collins Avenue Project, 5. Encourage hoteliers and other hospitality businesses in the area to develop a "Construction Policy" of extending the lowest possible rates and courtesies to guests during the construction phase. 6. Encourage hoteliers to purchase discounted shuttle passes from MBTMA for their guests so that they utilize the Electrowave service for their trips within South Beach. 7. Encourage the City to work with the construction company to develop a signage program which identifies access to businesses along Collins Avenue. o Action plan on how information will be conveyed to and collected from the public. (Please refer to Item F., below) o Maintenance of Traffic (MOT) and parking considerations involving the City, contractor, property owners, business operators and residents. o Implementation Plan of Mitigation Action Contingency Plan, o Schedule of key elements. o Description of collateral materials to be produced. o Maintenance of Project mailing list. 6 The CAP will be updated throughout the Project. The Consultant will submit a monthlv progress report about CAP activities to the City's CAP and Construction Manager/Coordinators. All creative efforts by CONSULT ANT are owned by the City and FDOT. Copyrights are the property of the City and FDOT. F. ACTION PLAN CONSULTANT will develop an Action Plan to receive and disseminate information (Deliverables) and a Schedule of Key Elements or Timetable for Delivery of Products. 1. Secure property folios and occupational licenses for businesses located on or near the Collins Avenue. Timetable: first 30 days. 2, Secure list of recentl y purchased properties in the target area from the Board of Realtors. Timetable: first 30 days. 3. Develop the following collateral materials: <> Fact sheet (Timetable: first 30 days) <> Quarterly, four-color newsletters (Timetable: every three months) <> Office announcement card (Timetable: as soon as the office is set up). 4. Develop and constantly update database of contacts/mailing list. Timetable: from day one until the Project is completed. 5. Hold monthly community meetings. or as-needed (as determined by the City), prior to and during construction. Timetable: one month prior to construction and through the last day of construction, 6. Consultant will place particular emphasis on holding bi-weekly meetin~s with the owners/operators of hotels, restaurants, shops and other businesses affected by the Collins A venue Project; as well as on maintaining record and contact log of these meetings. Timetable: bi-weekly, from day one until the end of construction. 7. Consultant will visit the properties and areas affected, block by block, as construction progresses. Timetable: from day one until the end of construction. 8. Attend weekly meetings with construction company and Project manager. Timetable: weekly. 9. Attend monthly meetin~s with FDOT and City of Miami Beach Project manager staff. Timetable: monthly, 7 10. Work with FDOT and City to produce a rendering illustration of how the Project will look after completed. No such rendering is presently available. Timetable: within 3 weeks of receipt of image from FDOT or contractor, but no later than 9 weeks from the execution of contract. 11. Consultant will contact the City's CIVICAL, on a weekly or as-needed basis, to provide updated information regarding the Project. 12. Consultant will provide text to the City and FDOT for linkage with their websites, Timetable: during the first 60 days of the contract. 13. Monitor the local media on a daily basis and distribute clips to the appropriate parties. Timetable: from day one until the last day of construction. 14. Write and translate news releases, as needed. Timetable: ongoing. 15. Write and translate community bulletins, as needed. Timetable; ongoing. 16. Establish an e-mail and fax broadcast system to disseminate news and information. Timetable: within the first 30 days of the Project, 17. Establish a 24-hour InfoLine for up-to-the-minute news and information about the Project. Consultant will seek to provide an automated telephone answering system whereby callers will be given options of learning new information about the Project, or speaking with a live operator to discuss a problem. In case of emergencies, the operator. will contact the CONSULTANT immediately. Response to emergency calls will be within one (1) hour. CONSULTANT will document such emergency calls. Timetable: up and running as soon as the office is set up, 18. Write copy of inclusion in FDOT's Travelers Information Radio Network. Timetable: ongoing, 19. Establish a public information office on or near the Project and make public information materials available at the construction office. Timetable: dictated by construction company schedule, 20. Develop a timetable of Special Events for the duration of construction. Timetable: ongoing. 21. Develop, distribute to, and collect from each business within the Collins Avenue Project a profile of each individual business, including peak and off-peak hours, type of access required, number of driveways, hours of operation, special needs, etc. Timetable: first 30 days, 8 .- 22. Provide FDOT and City with fact sheets for inclusion in their media kits. Timetable: first 90 days. G. PUBLIC MEETINGS The CONSULT ANT will work with the City regarding potential meeting sites, advise FDOT on the suitability and provide all support necessary for the CitylFDOT to conduct various meetings. The CONSULTANT's strategy is to plan separate meetings for those with commercial interests and residents. Meetings for business people will include stakeholders with hotels, restaurants and commercial office properties within the area affected by the Project. These meetings should be extended to include those whose businesses are several blocks away from the Project, that will be directly impacted by increased traffic congestion and delays. Meeting preparation includes, but it is not limited to the following: (; Contact participants; organize and schedule; reserve meeting sites. (; Prepare and distribute notification letters. (; Provide agenda and sign-in sheets. (; Record, write and distribute minutes draft within 48 hours, final within 7 days, (; Prepare graphics and plans for presentations. (; Make oral presentations. (; Set-up and take-down meeting equipment. (; Draft news releases and provide to City and FDOT for inclusion in the weekly news release. (; Property owner letters: The CONSULTANT will prepare the letters, insert them in envelopes, address the envelopes and deliver to the postal facility. (; Prepare brochures, handouts, comment cards, staff name tags and other miscellaneous items. (; Draft public advertisements and provide to the City and FDOT' s Public Information Office for approval prior to publication in English and Spanish. (; Prepare letters in response to comments received as a result of the PIP process. (; Prepare plans and report(s) for display to the public three (3) days prior the meeting, at designated public locations. (; Prepare a public meeting summary document with the following suggested features: * Table of contents * List of speakers with paraphrased comment * Written comments received * Attendance sheet * Documentation of Legal Notice. 9 H. NEWSLETTERS AND FLYERS The CONSULTANT will design, prepare, print and distribute quarterly editions of a multi color newsletter. The distribution will be to all or part of the Project mailing list, and by hand delivery to key locations easily accessible to the public, including key locations outside of Miami Beach, such as major airport rental car agencies, and other appropriate locations. A weekly progress report/traffic alert in the fonn of a flyer or postcard to explain construction activities will also be prepared and distributed.. I. MEETINGS WITH PUBLIC INFORMATION OFFICERS The CONSULT ANT will meet with the City Project Manager Team and the FDOT Public Infonnation personnel on a monthly basis. In addition, CONSULTANT will maintain contact with the City's Tourism & Convention Coordinator, Service Delivery Manager, and Assistant Chief of Police. J. CONT ACTS WITH ELECTED OFFICIALS There is a chain of command in establishing and maintaining contact with elected officials. The City Project Manager will coordinate such liaison. The CONSULTANT will hold an executive briefing for the City's high level appointed and elected officials as well as FDOT personnel. This will be done at the onset of the Project so they can be apprised of the schedule and the work to be done, Infonnation to be transmitted to public officials may be included in the mail-out list. K. DISTRIBUTION OF PUBLIC INVOLVEMENT PRODUCTS Preparation and distribution of materials will be the responsibility of the CONSULTANT, including paying for postage. L. TELEPHONE SERVICES The CONSULT ANT will provide a Project telephone number that will be monitored on a 24- hour, seven day a week basis, by a professional service. The CONSULTANT will provide an on- call duty officer at all times to answer emergency calls, and caller comments will be documented. The CONSULTANT's telephone number will be posted on the City and FDOT sites. M. INTERNET SITES The CONSULTANT will work with the City and FDOT and provide them text for linkage with their respective websites. The CONSULTANT will provide updates of the infonnation and will answer all e-mail communications, 10 , .- N. TRA VELER INFORMATION RADIO NETWORK (TIRN'l The CONSULTANT will provide Project related information for inclusion on FDOT's Travelers Information Radio Network. O. SPECIAL PUBLIC INVOLVEMENT REOUIREMENTS <) The CONSULTANT will work with the City's Project Manager, Service Delivery Manager, Tourism & Convention Cordinator, Police Major, Miami Beach Chamber of Commerce, area business associations, specialty business associations and larger employers. It will concentrate on the hospitality industry, because its viability is of critical importance to the City's economy. <) As a means of unifying and organizing the City's many recognized opinion leaders and networking organizations, the CONSULTANT will organize and coordinate the work of a Stakeholders Task Force. Open to any stakeholders (including the City, FDOT, property owners, business owners/operators and resident of residential properties within the Project area), the Task Force will meet regularly but be managed on a day-to-day basis by an executive committee. <) The CONSULTANT will establish an office in close proximity to the Project area. As deemed necessary by the City and FDOT, a member of the CONSULTANT team will be available at the trailer site or designated construction office, <) The CONSULTANT will maintain a 24-hour hotline with updated information and provide/document emergency on-call services. <) CONSULT ANT will have the capability to respond to any emergency calls within one (1) hour of notification. <> The CONSULTANT will work with the City, FDOT, and the Project engineer/construction company to develop images that clearly depict how the AlA/Collins Avenue Corridor will look after the Project completion. This graphic depiction will be useful in gaining and maintaining public support. The public is likely to be more tolerant of whatever inconveniences and stresses will occur during construction, if they have an understanding and appreciation of the Project itself. Such material will be reproduced in color and distributed among all stakeholders. 01/31/01 P;\~W4UA't.Ol'ES'COUCOPWI'I) 11 . "... SUMMARY OF ESSENTIAL CITY DUTIES The City will playa pivotal role in both the Public Involvement Program and the Collins Avenue Reconstruction Project, that will involve the following activities: 1. Establish a Stakeholders Task Force composed of hoteliers, business owners and residents, to monitor the Project. 2. The Parking Department will coordinate and implement parking and loading programs along 17th and 18th Streets. 3. The City will monitor and assess the construction schedule and the maintenance of traffic plan (MOT), on a daily basis. 4. The Consultant will work directly with the following assigned City personnel: o Matthew Schwartz, Assistant Manager assigned to oversee the Project and assess its impact to hotels, local businesses, and stakeholders. (305) 673-7000, Ext. 6606 o Joseph Johnson, Transportation/Concurrency Management Director, As the PIP Project Manager, Mr. Johnson will administer and oversee the Consultant contract and deal with all transportation-related issues (305) 673-7000, Ext. 6105 o Lynn Bernstein, Community Resources Manager, will help resolve public right- of-way, hotelier and stakeholder issues (305) 673-7000, Ext. 6178 o Michael Aller, Convention & Tourism Coordinator, for visitor/tourist/convention related issues. (305) 673-7000 Ext. 6427 o Major Gerard Tollefsen), Police Department, for MOT enforcement issues (305) 673-7000, Ext. 5331 o Kevin Perkins, Construction Manager, at (305) 673-7000, Ext, 6577 plus Contacts at FOOT: o David Rosemond, Public Information Director, at (305) 470-5277 o Mario Cabrero, Construction Manager, at (305) 935-8990 12 .. ". -.. A complete listing (including available Fax, cellular, and beeper numbers, and e-mail addresses) will be furnished to the Consultant at the contract's inception. 5. Additional staff from various City Departments will be assigned to work with and provide support to the Consultant and IFDOT project managers in resolving serious problems, issues, and concerns. 6, Due to the complexity of the project, the Administration will continue to hold a weekly coordination meeting with all departments, which are directly or indirectly involved in the Project. 7. The City will work with the construction company to develop a signage program which identifies access to businesses along Collins A venue. 8. The City will designate a spokesperson to deal with the media, as well as a point of contact to approve news releases, advisories and bulletins. ,,\lfOU"TIlJ>'AKI~U\ID''''\"''t..:o..._ 13 . . -. ~\~~1/2001 09: 18 3055734466 COMMUt-lIKATZ PAGE 02 January 31.2001 Matthew Schwanl Assistant City Manager City of Miami Beach 1700 Convention Center Drive Miami, Beach, FL 33139 Re: Stakeholder meetings and contact log Dear Matthew: Thank you for relaying Commissioner Matti Bower's questions. Michelle Burger and I have had separaIe conversations with the Commissioner in recent days and we know of her keen interest in the Collins Avenue Community Awareness Program which we have been recommended to perfurm. It is reassuring to know there is strong support for this program amoll85t the city's elected oflicbls. Since I am writing this from home, I do not have the benefit of checking our files. Noncthde5S. I believe that the FDOT description for a CAP, the RFQ fur this CAP, and the Scope of Services in the agroaneDt for this CAP require frequent meetings with affected parties, records kept on such meetings and the maintenance of a contact log. Purthermare, we e;qJtessed the need for such in our written submission alid in our oral presentation. Simply stated: we commit to bi-weelcJy meetings with affected parties, to mamtai:d!ng records on those meetings and to mamtaining a log of all contacts. So that there is no misunderstanding from the st>rt, we believe it would be unproductive to mix various types of affected parties at regularly occurring meetings, Accordingly, our primary focus ofwed:\y meetings will be the owner/operators of the hotels, restaurants, shops and other businesses. Alternate means of COIIIll1unicatian 'Will be used to maintain contact with area residents. In all likelihood, there will be weekly meeti.l\gs with business interests. I am hopeful this writing adequately addresses Commissioner Bower's concerns. We do loolc forward to continued dialog. Sincerely, ~'c>:~ Eric S. Kall: (dictated byRic Kall: and signed in his absence) COMMUNJ/<ATZ, INC. 4141 N;:Se'.:o~AvP."uf.:.Suit~ ICID.~l~mi. r:1..33137 r.:........... l.,t'H'~, t."., ~ ~ ....__~_~'-_'~..... . .' .