Professional Services Agreement with Funkshion, LLC PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
FUNKSHION, LLC
FOR
CITY OF MIAMI BEACH TIME CAPSULE PROJECT, PURSUANT TO
RESOLUTION NO. 2016-29495
This Professional Services Agreement ("Agreement") is entered into this 2-aly of August,
2016, between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and
existing under the laws of the State of Florida, having its principal offices at 1700 Convention
Center Drive, Miami Beach, Florida, 33139 ("City"), and Funkshion, LLC, a Florida limited
liability company, whose address is 1935 West Avenue, Unit 206 ("Consultant").
SECTION 1
DEFINITIONS
Agreement: This Agreement between the City and Consultant, including any exhibits
and amendments thereto.
City Manager: The chief administrative officer of the City.
Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an
independent contractor, and not an agent or employee of the City.
Services: All services, work and actions by the Consultant performed or undertaken
pursuant to the Agreement.
Fee: Amount paid to the Consultant as compensation for Services.
City Resolution: City Resolution No. 2016-29495, approved July 13, 2016.
Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305)
673-7000, Ext. 6435; and fax number (305) 673-7023.
SECTION 2
SCOPE OF SERVICES
2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall provide
the work and services described in Exhibit "A" hereto (the "Services").
2.2 Consultant's Services, and any deliverables incident thereto, shall be completed in
accordance with the timeline and/or schedule in Exhibit A hereto.
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SECTION 3
TERM
The term of this Agreement ("Term") shall commence upon execution of this Agreement by all
parties hereto, and shall continue until acceptance by City of all Services contemplated under
this Agreement.
Notwithstanding the Term provided herein, Consultant shall adhere to any specific timelines,
schedules, dates, and/or performance milestones for completion and delivery of the Services,
as set forth in the timeline and/or schedule referenced in Exhibit A hereto.
SECTION 4
FEE
4.1 In consideration of the Services to be provided, Consultant's compensation, inclusive of
all project-related expenses required for completion of the Services ("Project Expenses"), shall
not exceed the total amount of $190,000.00, in accordance with the budget and fee schedule
attached hereto as Exhibit "B." Unless agreed to in writing by the City Manager, in no event
shall the City be responsible for any costs under this Agreement in excess of$190,000.
4.2. Project Expenses: Project Expenses will be payable to the Consultant on a monthly
basis. Notwithstanding the preceding sentence, Project Expenses must be approved, in writing,
in advance by the City's Project Representative. Consultant must submit to the City's Project
Representative applicable receipts/invoices and any other records reasonably required by the
City, through the City Representative, to substantiate the Project Expense. As Project
Expenses are approved monthly, Consultant shall provide City's Project Representative with an
updated budget for tracking purposes, to permit City and Consultant to ensure that all Services
may be completed for the not-to-exceed amount of $190,000.
4.3 INVOICING
Upon receipt of an acceptable and approved invoice, payment(s) shall be made within thirty (30)
days for that portion (or those portions) of the Services satisfactorily rendered (as referenced in
the particular invoice).
Invoices shall include a detailed description of the Services (or portions thereof) provided,
including deliverables completed, during the period referenced in the invoice, along with the
supporting documentation for payment of Project Expenses. The invoices shall be submitted to
Djordje Milekec ("City's Project Representative"), or such other person as may be designated by
the City Manager, at the address provided in Section 11 below.
SECTION 5
TERMINATION
5.1 TERMINATION FOR CAUSE
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If the Consultant shall fail to fulfill in a timely manner, or otherwise violates, any of the
covenants, agreements, or stipulations material to this Agreement, the City, through its
City Manager, shall thereupon have the right to terminate this Agreement for cause.
Prior to exercising its option to terminate for cause, the City shall notify the Consultant of
its violation of the particular term(s) of this Agreement, and shall grant Consultant ten
(10) days to cure such default. If such default remains uncured after ten (10) days, the
City may terminate this Agreement without further notice to Consultant. Upon
termination, the City shall be fully discharged from any and all liabilities, duties, and
terms arising out of, or by virtue of, this Agreement.
Notwithstanding the above, the Consultant shall not be relieved,of liability to the City for
damages sustained by the City by any breach of the Agreement by the Consultant. The
City, at its sole option and discretion, shall be entitled to bring any and all legal/equitable
actions that it deems to be in its best interest in order to enforce the City's right and
remedies against Consultant. The City shall be entitled to recover all costs of such
actions, including reasonable attorneys' fees.
5.2 TERMINATION FOR CONVENIENCE OF THE CITY
THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS
CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY
TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF
SUCH TERMINATION, WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30)
DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF SUCH NOTICE. IF THE
AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, CONSULTANT
SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE
DATE OF TERMINATION, FOLLOWING WHICH THE CITY SHALL BE DISCHARGED
FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY
VIRTUE OF, THIS AGREEMENT.
5.3 TERMINATION FOR INSOLVENCY
.The City also reserves the right to terminate the Agreement in the event the Consultant
is placed either in voluntary or involuntary bankruptcy or makes an assignment for the
benefit of creditors. In such event, the right and obligations for the parties shall be the
same as provided for in Section 5.2.
SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers,
employees, agents, and contractors, from and against any and all actions (whether at law or in
equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and
costs, for personal, economic, or bodily injury, wrongful death, or loss of or damage to property,
which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other
wrongful conduct of the Consultant, its officers, employees, agents, contractors, or any other
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person or entity acting under Consultant's control or supervision, in connection with, related to,
or as a result of the Consultant's performance of the Services pursuant to this Agreement. To
that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and
judgments which may issue from any lawsuit arising from such claims and losses, and shall pay
all costs and attorneys' fees expended by the City in the defense of such claims and losses,
including appeals.
The parties agree that one percent (1%) of the total compensation to Consultant for
performance of the Services under this Agreement is the specific consideration from the City to
the Consultant for the Consultant's indemnity agreement. The provisions of this Section 6.1 and
of this indemnification shall survive termination or expiration of this Agreement.
6.2 INSURANCE REQUIREMENTS
The Consultant shall maintain and carry in full force during the Term, the following insurance:
1. Consultant General Liability, in the amount of$1,000,000;
2. Consultant Professional Liability, in the amount of$200,000; and
3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes.
The insurance must be furnished by insurance companies authorized to do business in the
State of Florida. All insurance policies must be issued by companies 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.
All of Consultant's certificates 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. The insurance certificate for General Liability shall reflect that said
insurance coverage includes the City is an additional insured. The insurance certificates for
General Liability and Professional Liability shall reflect that said insurance coverages include a
waiver of subrogation endorsement.
Original certificates of insurance must be submitted to the City's Risk Manager for approval
(prior to any work and/or services commencing) and will be kept on file in the Office of the Risk
Manager. 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 coverage.
The Consultant is also solely responsible for obtaining and submitting all insurance certificates
for any sub-consultants.
Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and
obligations under this Section or under any other portion of this Agreement.
The Consultant shall not commence any work and or services 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.
SECTION 7
LITIGATION JURISDICTION/VENUE/JURY TRIAL WAIVER
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This Agreement shall be construed in accordance with the laws of the State of Florida. This
Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue for the enforcement of this Agreement shall lie in Miami-Dade County, Florida.
By entering into this Agreement, Consultant and the City expressly waive any rights either party
may have to a trial by jury of any civil litigation related to or arising out of this Agreement.
SECTION 8
LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on the
City's liability for any cause of action for money damages due to an alleged breach by the City of
this Agreement, so that its liability for any such breach never exceeds the aggregate 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 or negligence arising out of the
performance or non-performance of any obligations imposed upon the City by this Agreement.
Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a
waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida
Statutes.
SECTION 9
INTELLECTUAL PROPERTY RIGHTS
1. Consultant hereby grants the City a non-exclusive, royalty-free, irrevocable license to use,
reproduce, distribute, exhibit, edit, incorporate in whole or in part into new or derivative
works, and/or otherwise exploit all work product it creates pursuant to this Agreement (the
"Licensed Material"), in any and all media throughout the universe, including but not limited
to CD-ROMs, video tapes, theatrical performance, home video, internet and/or any other
electronic or other medium presently in existence or invented in the future.
2. City agrees to use Licensed Material only for non-commercial or promotional purposes in
City's discretion.
3. Consultant hereby warrants as follows:
(a) That the content of the Licensed Material is entirely and without condition
Consultant's own work;
(b) that Consultant has the full power and authority to grant the license rights in this
Section 9;
(c) that Consultant has obtained any copyright permission, license or agreement
necessary or incidental to lawfully authorize the publication of the Licensed Material; and
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(d) that the publication of the Licensed Material pursuant to this license will not infringe
any copyright, violate any property or proprietary rights, nor invade the privacy of any
person and that the content does not contain any obscene or libelous matter;
4. Consultant hereby agrees to indemnify City and its officers, employees, agents, successors,
heirs, and assigns, for any and all claims, liabilities, damages, and expenses, including
reasonable attorneys' fees actually incurred, due to any claimed infringement of copyrights,
trade names, trademarks, service marks, right of publicity or privacy, or other proprietary,
personal or property right arising from publication of the Licensed Material or as a result of
any breach of any covenant or warranty herein contained.
SECTION 10
GENERAL PROVISIONS
10.1 AUDIT AND INSPECTIONS
Upon reasonable verbal or written notice to Consultant, and at any time during normal
business hours (i.e. 9:00 am — 5:00 pm, Monday through Friday, excluding nationally
recognized holidays), and as often as the City Manager may, in his/her reasonable discretion
and judgment, deem necessary, there shall be made available to the City Manager, and/or
such representatives as the City Manager may deem to act on the City's behalf, to audit,
examine, and/ or inspect, any and all other documents and/or records relating to all matters
covered by this Agreement. Consultant shall maintain any and all such records at its place of
business at the address set forth in the "Notices" section of this Agreement.
10.2 [INTENTIONALLY DELETETD]
10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING
Consultant shall not subcontract, assign, or transfer all or any portion of any work and/or
service under this Agreement without the prior written consent of the City Manager, which
consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this
Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as
approved pursuant to this Section, and any attempt to make such assignment (unless
approved) shall be void.
10.4 PUBLIC ENTITY CRIMES
Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR
7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes
with the City's Procurement Division.
10.5 EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of the Services, the Consultant shall not discriminate
against any employee or applicant for employment because of race, color, national origin,
religion, sex, intersexuality, gender identity, sexual orientation, disability, marital and familial
status, or age.
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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, as may be amended from time to time; both of which are hereby
incorporated by reference as if fully set forth herein.
The Consultant covenants that it presently has no interest and shall not acquire any interest,
directly or indirectly, which could conflict in any manner or degree with the performance of the
Services. The Consultant further covenants that in the performance of this Agreement,
Consultant shall not knowingly employ any person having such interest. No member of or
delegate to the Congress of the United States shall be admitted to any share or part of this
Agreement or to any benefits arising there from.
SECTION 11
NOTICES
All notices and communications in writing required or permitted hereunder, shall be delivered
personally to the representatives of the Consultant and the City listed below or may be mailed
by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized
overnight delivery service.
Until changed by notice in writing, all such notices and communications shall be addressed as
follows:
TO CONSULTANT: Funkshion, LLC
1935 West Avenue, Unit 206
Miami Beach, Florida 33139
Attn:
TO CITY: Djordje Milekic
Office of the Mayor and Commission
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
Notice may also be provided to any other address designated by the party to receive notice if such
alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by
overnight delivery. In the event an alternate notice address is properly provided, notice shall be
sent to such alternate address in addition to any other address which notice would otherwise be
sent, unless other delivery instruction as specifically provided for by the party entitled to notice.
Notice shall be deemed given on the day on which personally served, or the day of receipt by
either U.S. certified mail or overnight delivery.
SECTION 12
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MISCELLANEOUS PROVISIONS
12.1 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written consent of the
parties. No modification, amendment, or alteration of the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same formality and
of equal dignity herewith.
12.2 SEVERABILITY
If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this
Agreement shall not be affected and every other term and provision of this Agreement shall be
valid and be enforced to the fullest extent permitted by law.
12.3 ENTIRETY OF AGREEMENT
The City and Consultant agree that this is the entire Agreement between the parties. This
Agreement supersedes all prior negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contained herein, and there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are not
contained in this document. Title and paragraph headings are for convenient reference and are
not intended to confer any rights or obligations upon the parties to this Agreement.
12.4 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the definition of
"Contractor" as defined in Section 119.0701(1)(a), the Consultant shall:
(a) Keep and maintain public records that ordinarily and necessarily would be required by
the public agency in order to perform the service;
(b) Provide the public with access to public records on the same terms and conditions that
the public agency would provide the records and at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law;
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law; and
(d) Meet all requirements for retaining public records and transfer to the City, at no cost to
the City, all public records created, received, maintained and/or directly related to the
performance of this Agreement that are in possession of the Consultant upon
termination of this Agreement. Upon termination of this Agreement, the Consultant shall
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. All records stored electronically must be
provided to the City in a format that is compatible with the information technology
systems of the City.
For purposes of this Article, the term "public records" shall mean all documents, papers, letters,
maps, books, tapes, photographs, films, sound recordings, data processing software, or other
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material, regardless of the physical form,'characteristics, or means of transmission, made or
received pursuant to law or ordinance or in connection with the transaction of official business of
the City.
Consultant's failure to comply with the public records disclosure requirement set forth in Section
119.0701 of the Florida Statutes shall be a breach of this Agreement.
In the event the Consultant does not comply with the public records disclosure requirement set
forth in Section 119.0701 of the Florida Statutes, the City may, at the City's sole discretion, avail
itself of the remedies set forth under this Agreement and available at law.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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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
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Exhibit A—Scope of Services
As part of the Services, Consultant shall create and implement the 2067 Rising Above Time
Capsule project, which shall include (a) design and production of a time capsule and its content,
(b) execution of a 'Jump Miami Beach' viral concept to strategically launch and execute a social
media campaign, copywriting, content, video, motion graphics, animated giffs, photo creation (c)
marketing, promotion and public relations management to promote the campaign (d) a kickoff
event to take place in early December, 2016 (currently contemplated on or about December 9,
2016) ("Kickoff Event") that includes an interactive installation that displays the City of Miami
Beach's efforts to combat climate change and sea level rise, (e) creation and administration of
a project web site; and (f) educational and related promotional materials. A detailed description
of the Project, describing the scope of the services that the Consultant will be implemented, is
included as Exhibit "C" hereto. All content created pursuant to this Agreement shall be subject
to the City Project Representative's approval. Specifically, Consultant shall be responsible for
the following deliverables:
1. Production of the Time Capsule
Funkshion shall provide a waterproof and airtight stainless steel cylinder, consistent with
the images in the creative brief attached as Exhibit C hereto, as approved by the City at
this stage of the project, and subject to City approval of the final design. Any new
physical features on the outside of the time capsule cylinder, not shown in the creative
brief attached as Exhibit C, which may become required by the final design, are not
covered by the current budget.
Following City approval of the final design (and additional funds, if any are required),
Funkshion shall create the time capsule and the content of the time capsule.
As part of the Services, the Consultant shall provide a project and production manager,
who will be responsible for production of the time capsule and all other project segments
listed in scope of services.
2. Time Capsule Content
Funkshion shall create and produce interactive digital content showcasing video
messages of City Officials and resiliency specialists, with a minimum of fifteen (15) video
messages, along with other content that may be approved by the City for the time
capsule. The time capsule will also provide information on the City's efforts to preserve
our community against the effects of climate change (flooding solutions initiatives,
installation of pumps, new resiliency department, etc.), and will also include aerial photos
showcasing Miami Beach in 2016. The time capsule will also include the top 100
photos/videos from the `Jump Miami Beach' social media campaign referenced in
Section 3 below.
City will provide Funkshion with content regarding the information on the City's efforts to
preserve our community against the effects of climate change (flooding solutions
initiatives, installation of pumps, new resiliency department, etc.), and will also provide
aerial photos showcasing Miami Beach in 2016.
This Agreement does not include any event production for time capsule closing
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event on March 26, 2017.
3. User Generated Content Social Media Campaign
Funkshion shall create and activate a social media campaign on a variety of social
media applications, wherein Miami Beach community and visitors will be invited to
participate in the 'Jump Miami Beach' project resulting in thousands of photos & videos
of residents and visitors jumping up in the air, symbolizing rising above the water. These
photos and videos will be shared in different social media platforms and engage
thousands of followers. Funkshion shall be responsible for all aspects of the social
media campaign.
4. Website and other digital outlets for Time Capsule Project Story
In order to organize and better promote the content created around this project,
Funkshion shall design, implement and administer a website:
• Website to promote the City's mission statement, including videos and photos.
• Website to include information and links about the City of Miami Beach's efforts
in fighting climate change and sea level rise.
• Website to promote user generated content social media gallery, curated /
featured content and aggregated content from social media platforms.
The Services hereunder shall include copywriter and branding identity services for the
project website.
5. 2016 December Interactive, Multimedia event at NWS
Funkshion shall be responsible for all aspects of the event planning and execution of an
interactive multimedia event consistent with the creative brief attached as Exhibit C. The
event will be open to the general public, and is intended to serve as the initial preview
launch that will take place at the grounds of the New World Symphony Soundscape
park. The event will draw Miami Beach visitors and residents to the New World
Symphony, promoting an interactive, multi-media one of a kind installation inspired with
climate change and sea level rise. All content to be subject to the City Project
Representative's approval. City will secure the Soundscape Park venue; Funkshion
shall be responsible for all other aspects of the Event, including, without limitation, all
event setup, breakdown, audio, video, lighting, temporary structures, programming,
decor elements, event vendor subcontracting, and permitting (with permitting fees to be
reimbursed separately by the City).
Unless otherwise specified by the City, the Kickoff Event shall take place on or about
December 9, 2016 (with exact date and time TBD).
The event will include visual images intended to inspire attendees to capture and share
their personal experiences with their social media friends/followers.
The Services shall be limited to a one-night event. Additional event nights available
upon separate agreement.
6. PR— Publicity & Media outreach & Marketing
Funkshion shall be responsible for all aspects of an extensive public relations /
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marketing campaign that will focus on promoting the Miami Beach 2067 Rising Above
project and highlight the steps the City Administration is taking in fighting sea level rise
and climate change issues (a) social media teasers and highlight user-generated
content. Funkshion will assist in broadcasting the story to national and global media (c)
publicity for 2067 Rising Above interactive, multimedia December 2016 launch event.
PROJECT TIMELINE
August, 2016: Outsourcing outside vendors & creative production
August through November, 2016: Project production —social media campaign, Kickoff
Event, Time capsule, PR / Publicity
December, 2016: Kickoff Event
December, 2016: March 2017: 'social media campaign (continues); 2067 Time
Capsule development &finalizing; PR/ Publicity
March 26, 2017: Time Capsule & Project presentation. Event details and location TBA.
CLOSE COLLABORATION WITH CITY'S PROJECT REPRESENTATIVE
Consultant shall cooperate with City's Project Representative and keep the City's Project
Representative apprised of the status of the Services and pending deliverables. Any
deliverables requiring the City Project Representative's approval, including with respect to
approval of all creative content, shall be submitted to the City Project Representative at least
five (5) days prior to the applicable production deadline, to permit sufficient time for the City
Project Representative to provide feedback as to edits that may need to be made by Consultant
prior to production. Consultant shall respond to City Project Representative requests for
information pertaining to the Services in a timely manner, so that the Project timeline and
deadlines may be achieved efficiently and expeditiously.
Unless otherwise specified by the City's Project Representative, third-party vendors utilized by
Consultant in the performance of the Services must provide proof of insurance and name
Funkshion and City of Miami Beach as additional insures with the same insurance limits as
specified in SECTION 8 LIMITATION OF CITY'S LIABILITY.
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Exhibit B—Consultant's Compensation
A. Consultant's compensation for all Services, inclusive of all fees and reimburseable
expenses, shall be as follows:
1. Production of the Time Capsule and all services and deliverables referenced in Exhibit A,
Section 1: Not-to-exceed amount of$32,500.
2. Time Capsule Content and all services and deliverables referenced in Exhibit A,
Section 2: Not-to-exceed amount of$30,000.
•
3. User Generated Content Social Media Campaign and all services and deliverables
referenced in Exhibit A, Section 3: Not-to-exceed amount of$15,000.
4. Website and other digital outlets for Time Capsule Project Story and all services and .
deliverables referenced in Exhibit A, Section 4: Not-to-exceed amount of$30,000.
5. 2016 December Interactive, Multimedia event at NWS and all services and deliverables
referenced in Exhibit A, Section 5: Not-to-exceed amount of$70,000.
•
6. PR— Publicity & Media outreach & Marketing and all services and deliverables referenced in
Exhibit A, Section 6: Not-to-exceed amount of$25,000.
•
If Consultant achieves savings for any portion of the Services listed above, the above budget
breakdown may be adjusted with the approval of the City's Project Representative, provided
that the total aggregate amounts payable pursuant to this Agreement does not exceed
$190,000.
B. Schedule of payments:
1. City shall pay Consultant a base fee in the amount of$32300, (17%) in eight monthly
installments, as follows:
Initial payment: $25300
Second payment: $1000
Third payment: $1000
Fourth payment: $1000
Fifth payment: $1000
Sixth payment: $1000
Seventh payment: $1000
Eighth payment: $1000
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The initial payment of the base fee above shall be due within 10 days of execution of this
Agreement. Subsequent monthly installments shall be paid following submission, and
approval, of a monthly invoice from Consultant in accordance with Section 4 of the
Agreement.
2. In addition to the fee referenced in this Exhibit B, Section B.1 above, City shall pay
Project Expenses on a monthly basis subject to the not-to-exceed budget, in accordance
with Section 4 of the Agreement.
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Exhibit C
[Creative Brief/ Presentation]
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