Center for Research & Public PolicyPROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
THE CENTER FOR RESEARCH & PUBLIC POLICY (CRPP)
FOR COMMUNITY SATISFACTION SURVEY SERVICES PURSUANT TO
REQUEST FOR PROPOSALS NO. 01-08/09
T 's Prof ssional Services Agreement ("Agreement") is entered into this ~~ day of
200, between the CITY OF MIAMI BEACH, FLORIDA, a municipal
corporation organized and existing under the laws of the State of Florida ("City"), having its
principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, and THE
CENTER FOR RESEARCH 8~ PUBLIC POLICY (CRPP or Consultant), a Connecticut
corporation, whose address is 101 Oakview Drive, Trumbull, Connecticut 06611.
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.
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.
Fee: Amount paid to the Consultant to cover the costs of the Services as
more specifically described in Section 3.
Project: Project shall mean the Community Satisfaction Survey Services, as
contemplated in this Agreement and the Proposal Documents,
including, without limitation all Services to be performed by Consultant.
The "Project", as defined herein, may also be referred to as the
"Survey".
Proposal Documents: Proposal Documents shall mean the City Request for Proposals No.
01-08/09 for COMMUNITY SATISFACTION SURVEY SERVICES,
together with all amendments thereto, issued by the City in
contemplation of this Agreement (the RFP), and the Consultant's
proposal in response thereto (Proposal), all of which are hereby
incorporated by reference and made a part hereof; provided, however,
that in the event of an express conflict between the Proposal
Documents and this Agreement, the following order of precedent shall
prevail: this Agreement; the RFP; and the Proposal.
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.
Ge`l' CLERK
SECTION 2
SCOPE OF SERVICES (SERVICES)
2.1 PROJECT SCOPE
2.1.1 Project Tasks
TASK 1. SURVEY DESIGN/SAMPLE PLAN/PLANNING
SubTask 'f.1 ~l?OJ~GT INI~'IATIt?1V II~EETIIVO (PIM)
Deliverable: Meeting with project personnel
Due Date: Early January 2009
CRPP shall conduct "kick-ofP' meetings for each study to discuss overall approach, review
comments on the methodologies outlined in the proposal, develop a project timetable,
establish a project monitoring/progress reporting system and to provide a review of issues to
be explored in the research. Criteria to assess who qualifies to participate in the study will be
determined at the Project Initiation Meeting with the active input of the City of Miami Beach's
project personnel.
Sub~ask 1.2 Sample Design
Deliverable: Completed Sample Design Plan
Due Date: January 31, 2009
CRPP shall utilize random, super-digit random and stratified samples containing both listed
and unlisted Miami Beach telephone numbers for research that ensures appropriate
representation by sub-group based on census data and that is adjusted for multi-line
households, etc.
CRPP shall provide a highly credible and statistically reliable sample of 2,000
completed residential telephone surveys, providing a 95% level of confidence with an
overall statistical margin of error fora 2,000 sample of +/- 2 percent (approximately +/-
5% for each of the five residential areas providing sound data on the subgroup and/or
geographic levels.
CRPP shall provide a highly credible and statistically reliable sample of a sufficient
number of complete telephone business leader surveys (in 3 regions) to a 95% level of
confidence with an overall statistical margin of error for of no more than +/- 5% for each of
the three business areas.
CRPP shall design a methodology to ensure controlling for biases such as residences
without a landline or a telephone, differences in satisfaction rates that may be expressed,
including the use of door-to-door interviews as part of the statistically valid sample of 2000
surveys.
CRPP shall present the proposed sample design at the City Commission Committee
of the Whole for review and input. Recommendations from the Committee of the Whole shall
be incorporated into the final design, as appropriate CRPP shall submit the survey design to
the City of Miami Beach project personnel for final approval.
SubTask ?.~ CQMI`~IUIC.ATlQN3 l~'L.4N
Deliverable: Communications Plan for Survey
Due Date: January 31, 2009
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CRRP shall work with City project staff to developing a plan to communicate survey activities
with the community.
TASK 2. MAINTAINING COMMUNICATION
Deliverable: Regular Progress Reports
Due Date: Weekly
CRPP shall provide the City of Miami Beach's project personnel with regular progress reports
summarizing activities, including progress around the workplan, tasks completed, and
milestones achieved in accordance with established timetables. In addition, CRPP shall
ensure that the Project Director, is available on an "on-call" basis to answer questions.
CRPP office hours are 6:00 a.m. to 9:30 p.m. weekdays. Maintaining regular communication
allows CRPP and the City of Miami Beach to discover any unforeseen problems or
overlooked opportunities.
TASK 3 INSTRUMENT DESIGN
Deliverable: Completed Study Instruments
Due Date: February 16, 2009
Draft to be submitted by January 19, 2009
CRPP shall collaborate with the City to develop an instrument that meets all project
goals and objectives. CRPP shall review and evaluate the current survey instrument and
questions and propose recommended changes to ensure questions will generate unbiased
responses while also ensuring that the City does not lose the ability to monitor and evaluate
trends;- CRPP shall work with the City to define core questions to continue to be used for
trend analysis while ensuring compatibility with other standard survey questions available in
the public domain. CRPP shall be submitted to the City of Miami Beach's project personnel
proposed revised instruments along with a summary of rationale for questions deleted,
added or changed for reaction and input. CRPP shall present the proposed revised
instruments at the City Commission Committee of the Whole for review and input along with
the rationale for the changes. Recommendations from the Committee of the Whole shall be
incorporated into the final instruments as appropriate CRPP shall submit all instruments to
the City of Miami Beach project personnel for final approval.
TASK 4. PRIMARY DATA COLLECTION
Below are subtasks related to both qualitative and quantitative research projects.
Subtasle 4, 1. Staff Training
Deliverable: Completion of training notification
Due Date: Mid February, 2009
In addition to general researcher training, CRPP's Project Director and Research Supervisor
shall conduct a training session specific to this project. CRPP's Project Director and
Researcher Supervisor shall review each question with our research staff to identify and
clarify any potential area of ambiguity. Particular attention is paid to technical terminology,
open-ended questions, and complex/multi-stage questions/skip patterns.
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Subtask 4.2 Quantitative Study Pre-Tests
Deliverable: Completed Survey Pre-test results
Due Date: Mid February, 2009
CRPP shall pre-test (typically 2-5% of total amount to be fielded) of the finalized quantitative
surveys. Following the pre-test, a briefing will be held with the research team to determine
any problems, ambiguous areas, or incorrect skip patterns. Adjustments are made with client
approval, and full-scale surveying begins. Pre-test results shall not be not included in the
total sample ~ changes are required. City of Miami Beach shall approve all instruments in
writing before full-scale fielding.
Subtasls 4.3. Pull-Scale Survey Fielding
Deliverable: Notification that fielding of surveys is completed
Due Date: February 24 -March 15, 2009
CRPP shall strive to achieve completion rates between 65% and 80% by using high caliber
of our field research staff, strict sampling and internal data control procedures, bolstering
confidence in survey results because non-response bias is minimized.
CRPP shall conduct all residential interviews (except for scheduled callbacks) between 5:00
p.m. to 9:00 p.m. weekdays and Saturday afternoons, except that no interviews (except for
scheduled call backs) will be conducted after sundown on Fridays, ensuring proper
demographic distribution. Residential surveys conducted predominantly during the day tend
to draw more female and older respondents and fewer younger, working respondents. CRPP
shall conduct business-to-business surveys (except for scheduled callbacks) during
normal business hours gam to 5pm weekdays.
Minimizing Survey Non-Response Bias - It is important, for survey reliability, that CRPP
maximize the number of responses from the original sample. CRPP researchers shall be
instructed to code and perform up to eight (8) call-backs when encountering anon-response
such as a busy signal, no answer, or answering machine. CRPP shall instruct all field staff to
politely arrange callbacks on all refusals. These callback respondents shall be called at
established times -- day or evening -- weekday or weekend. If the field-staff are
unsuccessful in their attempt to arrange a callback time, the supervisor shall politely call the
prospective respondent and ident~es himselflherself as the supervisor and explain the
critical nature of the call and again asks for the opportunity to conduct the interview.
Subtas# ~.4. ~nsurr`ng Telephone Survey Quality Contoo!
Deliverable: Notification within fielding progress reports
Due Date: Concurrent with Full-scale Fielding
Close supervision of the data compilation process and interviews shall be
carefully maintained throughout the research period. The field research supervisors
shall review surveys and randomly "audit" and verify information that is collected.
Supervisors shall be present during all interviewing periods, and a telephone monitor
rotates through the phone bank checking and evaluating interviewer performance.
Using this system, approximately 25 percent of all interviews are monitored on any
given day. In addition, supervisors check all completed interviews for correct skip-
pattern procedures, correct rotation, and completeness of open-ended responses.
In addition, CRPP's Supervisors shall ensure survey quality by verifying 15 percent of all
completed interviews. The Supervisor shall re-call selected respondents and confirm that the
survey was properly completed by randomly re-asking 2 or 3 survey questions.
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Subtask ~.5. Ctsntr€~lli"ng fot $IaS
Deliverable: Notification within fielding progress reports
Due Date: Concurrent with Full-scale Fielding
Survey sampling will continue as needed to ensure representation of demographics
for each residential and business subgroups, and will include the use of mini surveys on
quality of life and demographics.
~rllSK 5 ®AT~, dANALY318 FENA3~ REP€3R~ A~[3 PRE$~NTs~T€o~s
~t,ib~'r~Sli J'r.'~ Data .~t~alys%~
Deliverable: Completed Data Analysis
Due Date: March 27, 2009
CRPP shall tulilize statistical software packages, including SPSS a comprehensive and
flexible statistical analysis and data management system to process data as it is received
from completed surveys. Data from each survey shall be checked for consistency by CRPP
coding staff. The coding staff also shall translate any open-ended responses into computer-
analyzable data. First, a content analysis of a sample of responses shall be performed from
each open-ended item. Then a coding scheme is developed that is sensitive to the original
responses. Editing of the surveys shall proceed interviews are completed. A customized
SPSS program shall be written to accommodate the finalized survey instrument. Computer-
processed data shall be reviewed on a scheduled periodic basis by CRPP's Project
Directors.
CRPP is a "secure status" firm that frequently performs sensitive surveys and case studies
for federal and state agencies. As a member of the American Association for Public Opinion
Research and The National Council on Public Polls, The Center for Research & Public Policy
subscribes to a Code of Professional Ethics and Practices, and therefore unless the
respondent waives confidentiality for specified uses, CRPP shall hold as privileged and
confidential all information that might identify a respondent with his or her responses. We
shall also not disclose or use the names of respondents for non-research purposes unless
the respondents grant us permission to do so. Further, no project or report information is
released without the express written consent of our clients.
SubTaslc 5.2. Artalysi~
Deliverable: Completed Data Analysis Report
Due Date: March 27, 2009
CRPP shall perform computer analysis including, but not limited to: composite data, age,
income, education, employment, ethnicity, housing stock, employment, household size,
firmographics, and geography. Advance statistical analysis and tools will be utilized including
linear regression, multiple regression, conjoint analysis, and logit analysis, so as to identify
key drivers of community satisfaction.
Following the data review and development of the table of contents, CRPP shall provide the
City with an initial draft of the report
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J~'illJtaSlf ~.~: Corrlparis®n o!` Results to ether municipalities and Jurisdictions
Deliverable: Completed Comparability Analysis
Due Date: March 27, 2009
CRPP will be delegated permission by the City of Miami Beach to access current normative
comparison data for selected municipalities through its membership in the International
City/Council Management Association. As a result, CRPP will be equipped to and shall
compare like questions/results between the Miami Beach 2009 Survey and the National
Citizen Survey conducted by the National Research Center in collaboration with ICMA. City
of Miami Beach officials shall select the municipalities from among a current list of National
Citizen Survey participants (within and outside Florida).
Additionally, CRPP will work with the City in identifying other opportunities for comparisons
between municipalities such as using questions held in CRPP designed surveys and
comparable to CRPP clients as well as using questions found in other municipal surveys that
have become public
Sub#ask 5,4 : final Report And presentation
Deliverables: Completed Final Written Report
Presentation of Results to City Staff
Presentation of Results to the City Commission
Due Date: April, 2009
CRPP shat provide objective, reliable information with actionable recommendations with
clear and meaningful narrative analysis of the data. CRRP shall design a format for the final
reports and review with the formats with the City prior to preparing the final reports. Final
written reports shall include, but are not limited to:
1. Statement of Confidentiality
2. Introduction
3. Methodology
4. Summary of findings (a narrative depiction of results)
5. Highlights
6. Key Drivers
7. Comparatives to other municipalities and jurisdictions
8. Recommendations and Conclusions
9. Crosstabulations
10. Subgroup reports by demographics, psychographics and geography
11. Reports comparing previous results (if available)
12. Advanced statistical analysis and tools (where appropriate -linear regression,
multiple regression, conjoint analysis, logit analysis, etc.)
13. Composite data -frequencies, crosstabulations, data checks
CRPP shall provide unlimited data reports and crosstabulations and indefinite maintenance
of all data with unlimited access at no additional charge. Typically, new or additional reports
can be processed within 24 hours of the request.
CRPP is also shall make make unlimited, in-person PowerPoint presentations of findings,
conclusions, and results following presentation of the final written report.
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OPTIONAL TASK: FOLLOV1i ON FOCUS GROUPS
Below are subtasks related to follow-on focus groups that shall be conducted at the sole
option of the City, as necessary to delve further into issues identified through the community
surveys
Focus Group Participant Recruitment
Deliverable: Completed Recruitment
Due Date: To Be Determined
At the option of the City, CRPP shall randomly recruit focus group participants, which will be
held at locations to be determined in conjunction with the City. Typically, CRPP shall contact
potential participants by telephone to recruit them for the focus groups. CRPP will recruit 17
participants for each group to provide reasonable assurance that 8-12 participants attend
each session, through: sending written confirmation letters and maps, arranging to call
respondents back to confirm their availability, confirming attendance the night before, offering
respondents a number to call and ask questions about their participation, and preparing
interviewers to accurately describe and answer questions about focus group participation.
Approximately 15-20 participants be recruited for each discussion group to
yield approximately 8 to 12 attendees. In order to encourage attendance, CRPP may
recommend an incentive for each focus group participant, which shall be determined
with the City of Miami Beach's input.
Focus Group Moderation
Deliverable: Completed Focus Group Moderation
Due Date: To Be determined
CRPP shall provide moderation staff that are experts in the field of moderation, are culturally
diverse, and are most appropriate in order to provide the City of Miami Beach with the
highest quality of information possible.
The length of each session shall be approximately 90 minutes. At the City's
option. CRPP will videotape all sessions for analysis and report writing. If requested
and feasible, provisions will be made for the City of Miami Beach personnel to be
present at each discussion.
2.1.2 CONSULTANT'S PROJECT TEAM
"he following tables summarize the project roles of the members of the project team.
Changes in the aforestated project team members shall require the prior written approval of
the City Manager prior to implementation.
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Jerry C . ~irrds~iey
Project Director
Kacy J. Lansing
Project Manager
f
Marcrls Is~abc~vs ~ ........ , ~ ~::
Project Assistant
Data Coding &
Entry Staff
................................
......
Michael t'~gettnt „~;
Project Co-Director`'
Denise ~at~a~~ °'
Researcher Supervisor.
150+ Fielding
Researchers
Oscar Allain
Project Translator
Genevieve Kar~i`ie~tvs~Ca
Project Statistician
Office Support Staff
Jerry C. Lindsley Oversees all CRPP activities,
Project Director responsibilities, and deliverables. Acts
as main CRPP contact person for
Research Design, Fielding, Reports and
Recommendations, and Project Task
Management
Michael Vigeant Oversees project components and
Project Co- assists with Instrument Development,
Director Reports and Recommendations; Project
Task Management
Oscar Allain Oversees project components and
Project Co- assists with Instrument Development,
Director Reports and Recommendations; Project
Task Management translation
Kacy J. Lansing
Project
Manager
Genevieve Project
Karbowski Statistician
Oversees proposals and contracts;
assists with Reports
Project Statistician. Assists in the
Development and Implementation of
Survey Sample and Data Analysis.
Marcus Rabovsky Project I Project Management and Scheduling
Assistant
Denise Maldonado Research I Supervise CRPP Research Staff
Supervisor
Research Staff ~ Research Staff ~ Telephone Survey Fielding
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2.1.3 SUB-CONTRACTORS
The Consultant shall be liable for the Consultant's services, responsibilities and liabilities
under this Agreement and the services, responsibilities and liabilities of sub-contractors,
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
Contractor. All sub-consultants must be approved of in writing prior to their engagement by
Consultant.
SECTION 3
TERM/PROJECT TIMELINE
3.1 TERM
The term of this agreement shall commence upon execution of this Agreement by all parties
hereto, and shall terminate twenty-four (24) months from the date set forth on Page 1 of the
Agreement (the Commencement Date), unless terminated earlier as otherwise provided in
this Agreement. Additionally, at the sole option and discretion of the City, additional years
surveys and/or focus groups (i.e., 2011 survey; 2012 focus group; 2013 survey; and 2014
focus group), will be negotiated and said services provided by the Consultant.
3.2 PRJECT TIMELINE
CRPP shall work with project personnel to make any necessary adjustments and/or
accelerations (if necessary) during the Project Initiation Meeting. Deliverables/Tasks
correspond with the proposed methodology found above. Dates for tasks are to be
completed by:
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Project Initiation Meeting
Survey Design
Sample Design
Task 2
Maintaining Communication
Task 3
Instrument Design
Task 4 Primary Data
Collection
Survey Pre-Test
Staff Training
Full-Scale Survey Fielding
Task 5 Data Analysis, Final
Report and Presentations
Data Analysis
Analysis
Final Report Presentation
Project Follow-Up
SECTION 4
COMPENSATION FOR SERVICES
4.1 COST OF SERVICES
The cost charged by the Consultant for those services of portions thereof, satisfactorily performed
pursuant to this agreement shall be as follows:
~Itt~l~:>:::>. .. .
.._ ~ ~ ~ ~~~~
~~ ...
1 Survey Design/Sample $3,800 $1,125
Plan/Plannin
2 Communications $760 $225
3 Instrument Desi n $3,040 $900
4 Prima Data Collection $47,120 $13,950
5 Data Analysis, Final $21,280 $6,300
Report, and
Presentations
$76,000 $22,500
Travel* Based on cost
OPTIONAL Focus Grou s U to $5,000 er focus rou
* Travel is anticipated to be incurred for project kids-off meeting, survey instrument review with
the Commission Committee of the Whole, presentations, and focus groups, as deemed
necessary.
4.2 INVOICING
Payments shall be made on a lump sum basis by task for services satisfactorily rendered
pursuant to the Scope of Work and Task Deliverables specified in Section 2.1, and upon
completion of each Task, within thirty (30) days of the date of the invoice, in a manner
satisfactory to, and as reasonably approved and received, by, the City. Such invoice shall
include a detailed description of the Services provided. Travel expenses shall be billed as
incurred based on supporting receipts and invoices at costs consistent with Florida Statutes.
Focus group incentives will be invoiced at cost.
Consultant shall mail all Invoices to:
City of Miami Beach
1700 Convention Center Drive
City Manager's Office - 4th Floor
Miami Beach, Florida 33139
Attn: Kathie G. Brooks, OBPI Director
4.3 METHOD OF PAYMENT
Within thirty (30) days of the approval by the City of an appropriately filed Invoice, the City
shall provide Consultant with a check for payment of the approved amount. Payments shall
only be made on approved invoices for Services (or portions thereof) satisfactorily
performed.
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SECTION 5
TERMINATION. SUSPENSION AND SANCTIONS
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 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
fifteen (15) days to cure such default. If such default remains uncured after fifteen
(15) days, the City, upon three (3) 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.
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 all legal/equitable actions that 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.
5.2 TERMINATION FOR CONVENIENCE OF THE CITY
THE CITY MAY ALSO, 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
FIFTEEN (15) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF THE
WRITTEN TERMINATION NOTICE. IF THE AGREEMENT IS TERMINATED BY
THE CITY AS PROVIDED IN THIS SUBSECTION, CONSULTANT SHALL BE PAID
FOR ANY SERVICES SATISFACTORILY PERFORMED, AS DETERMINED BY
THE CITY, AT ITS DISCRETION, UP TO THE DATE OF TERMINATION.
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.
5.4 SANCTIONS
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 5.2.
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SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 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 and costs, 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-Consultant, or any other person or
entity acting under Consultant's control, in connection with the Consultant 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 judgments which may issue from any
lawsuit arising from such claims and losses, and shall pay all costs and attomeys' 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 speck 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 to give the other party prompt notice of any claim coming to its knowledge
that in any way directly or indirectly affects the other party.
6.2 INSURANCE REQUIREMENTS
The Consultant shall not commence any work pursuant to this Agreement until all insurance
required under this Section 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 the following insurance:
1. Consultant General Liability in the amount of $1,000,000.
2. Consultant Professional Liability in the amount of $200,000.
3. Workers Compensation & Employers Liability as required pursuant to Florida statute.
4. 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.
5. 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, 3`~ Floor, City Hall.
6. The Consultant is solely responsible for obtaining and submitting all insurance certificates
for its sub-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. Compliance with the foregoing
requirements shall not relieve the Consultant of the liabilities and obligations under this
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Section 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.
6.2.1 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.
6.2.2 Certificates
Unless directed by the City otherwise, the Consultant shall not commence any services
pursuant to this Agreement until the City has received and approved, in writing, certificates of
insurance showing that the requirements of this Section (in its entirety) have been met and
provided for.
SECTION 7
LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER
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. Consultant shall specifically bind its employees, sub-consultants, and
agents to the provisions of this Agreement. This Agreement shall be construed in accordance
with the laws of the State of Florida.
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, except for non-payment of services provided by
Consultant as a result of the City's request, 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 $1,000. 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 $1,000.
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 $1,000 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, except for non-payment of services provided by Consultant as a result of the
City's request. 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.
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SECTION 9
ATTORNEY'S FEES
In the event that any party to this Agreement should seek legal or administrative recourse to
enforce the terms of this Agreement, the breaching party shall be obligated to pay the
prevailing party the reasonable attorney's fees and costs incurred by the prevailing party.
SECTION 10
GENERAL PROVISIONS
10.1 AUDIT AND INSPECTIONS
At any time during normal business hours, and as often as the City may deem necessary, in
tis reasonable discretion, 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.
10.2 ACCESS TO RECORDS
Consultant agrees to allow access during normal business hours to all financial records
related to this Project 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 records, forms, files, and documents
which have been generated in performance of this Agreement, to those personnel as may
be designated by the City.
10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING
The Consultant shall not sub-consult, assign, or transfer any work under this Agreement
without the prior written consent of the City. Neither this Agreement nor any term nor
provision hereof or right hereunder shall be assignable unless as approved pursuant to this
section, by any parties 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, Swom Statement under Section 287.133(3)(a) Florida Statute on Public Entity
Crimes with the City's Procurement Division.
10.5 EQUAL 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, and national origin, place of birth, marital status, sexual
orientation or physical handicap. The Consultant shall take affirmative action to ensure
14
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, physical handicap, or sexual orientation.
10.6 CONFLICT OF INTEREST
The 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, and as may be amended from time to time; and by the City of Miami
Beach Charter and Code; both of which are incorporated by reference herein as if fully set
forth herein.
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 there from.
SECTION 11
NOTICES
All notices and communications in writing required or permitted hereunder, except for
those of cancellation of assignments which are governed by subsection 2.2, may 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 ovemight delivery service.
Until changed by notice in writing, all such notices and communications shall be
addressed as follows:
TO CONTRACTOR: The Center For Research & Public Policy (CRPP)
Attn: Jerry Lindsley
101 Oakview Drive
Trumbull, Connecticut 06611
(203) 374-5059
TO CITY: City of Miami Beach
City Manager's Office - 4th Floor
Attn: Kathie G. Brooks, OBPI Director
1700 Convention Center Drive
Miami Beach, Florida 33139
(305} 673-7010
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 ovemight 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 spec~cally provided for by the
party entitled to notice.
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Notice shall be deemed given on the day on which personally served, or the day of receipt by
either U.S. certified mail or overnight delivery.
SECTION 12
ENTIRE AGREEMENT, AMENDEMENT, SEVERABILITY
12.1 ENTIRETY OF AGREEMENT
The City and the 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.
12.2 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.
12.3 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.
12.4 COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be
deemed to be an original, but all of which shall constitute one and the same Agreement.
16
IN WITNESS WHEREOF, the pa fi st enteredhabove. used this Agreement to be executed by their
appropriate officials, as of the date
FOR CITY:
CITY OF MIAMI BEACH, FLORIDA
ATTEST' f ~ ~ ~ ~ l / (~ ~ / ~ ~
~~ VlM (1X '`J 1. By'
By: atti errer o er
Robert Percher Mayor
City Clerk
STATE OF FLORIDA ~ SS
COUNTY OF MIAMI-DADE )
2009, before me personally appeared,
On this ~~day of ~ of the City of Miami Beach, who ids ~
as and who did~Ke
ersonally know to me
an oath and deposes at the /hey thaexecuted/t a sameuted the above instrument and they/he e
acknowledged to meth y ~ ~~
MY COMMISSION EXPIRES:
-- -RGnn...~. ---
MY COMMISSION # D0016~3
EXPIRES: May ~ unaenvMe~
Bonded Thru Notary ~~~
FOR CONSULTANT: THE CENTER FOR RESEARCH 8~ PUBLIC POLICY:
ATTEST:
By: By• _
Si n ture nature fi ~ ~~
c, ~, g ~~ el~n~
Print Name/T le Print Name/T le
Corporate Seal
~~
STATE OF- ) SS
COUNTY OF )
~On t day of Q'~- ' 2009, before me personally appeared,
s ~ ,who is ally know to me or
as identification and o did did not take an oath
produced ~
and deposes and says, that he/she executed the ve instrum nt and he s acknowledged o me
that he/she executed the same with lawful authority to do so.
NOTARY PUBLIC _
MY COMMISSION EXPIRES:
SUSAN UR®Arl
xoTeaY plcratrc
I~AY COI~ISSION EXPIRES JULY 81, 7At
17
APPROVED A8 TO
FORM & LANGUAGE