Agreement between The City of Miami Beach and Zyscovich, Inc. DBA Zyscovich Architects 2.02o -31388
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
ZYSCOVICH, INC.
D/B/A ZYSCOVICH ARCHITECTS
FOR CONSULTANT SERVICES PURSUANT TO
RFQ NO. 2019-234-ND FOR A LAND USE, MOBILITY, AND ECONOMIC
DEVELOPMENT STUDY OF THE ENTERTAINMENT DISTRICT
This Professional Services Agreement (Agreement) is entered into this 11 day of October,
2020, between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and
existing under the laws of the State of Florida, having its principal offices at 1700 Convention
Center Drive, Miami Beach, Florida, 33139(the City),and ZYSCOVICH, INC. D/B/A ZYSCOVICH
ARCHITECTS,a Florida corporation,whose principal address is 100 N. Biscayne Boulevard, 27th
floor, Miami, Florida, 33132 (Consultant).
SECTION 1
DEFINITIONS
Agreement: This Agreement between the City and Consultant, including any exhibits
and amendments thereto.
City Manager: The chief administrative officer of the City.
City Manager's
Designee: The City staff member who is designated by the City Manager to administer
this Agreement on behalf of the City.The City Manager's designee shall be
the Economic Development Department Director.
Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an
independent contractor, and not an agent or employee of the City.
Services: All services, work and actions by the Consultant performed or undertaken
pursuant to the Agreement.
Fee: Amount paid to the Consultant as compensation for Services.
Proposal Documents: Proposal dated August 31, 2020 contained in Exhibit A
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.
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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).
Although Consultant may be provided with a schedule of the available hours to provide its
services,the City shall not control nor have the right to control the hours of the services performed
by the Consultant; where the services are performed (although the City will provide Consultant
with the appropriate location to perform the services);when the services are performed, including
how many days a week the services are performed; how the services are performed, or any other
aspect of the actual manner and means of accomplishing the services provided. Notwithstanding
the foregoing, all services provided by the Consultant shall be performed in accordance with the
terms and conditions set forth in Exhibit"A"and to the reasonable satisfaction of the City Manager.
If there are any questions regarding the services to be performed, Consultant should contact the
following person:
Rickelle Williams
Economic Development Director
1755 Meridian Avenue, 5th Floor
Miami Beach, Florida 33139
305-673-7577
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. CONSULTANT SHALL NOT
COMMENCE ANY TASK, AND SHALL NOT BE ENTITLED TO COMPENSATION FOR ANY
WORK ASSOCIATED WITH ANY TASK, EXCEPT UPON CITY'S PRIOR WRITTEN NOTICE
TO CONSULTANT TO PROCEED WITH THE TASK.
SECTION 3
TERM
The term of this Agreement (Term) shall commence upon execution of this Agreement by all
parties hereto, and shall have an initial term of one (1)year, with two (2) renewal options of one
(1) year each, to be exercised at the City Manager's sole option and discretion, by providing
Consultant with written notice of same no less than thirty (30) days prior to the expiration of the
initial term.
Notwithstanding the Term provided herein, Consultant shall adhere to any specific timelines,
schedules, dates, and/or performance milestones for completion and delivery of the Services, as
same is/are set forth in the timeline and/or schedule referenced in Exhibit A hereto.
SECTION 4
FEE
4.1 In consideration of the Services to be provided, Consultant shall be compensated in the
total amount not to exceed Five Hundred and Fifty-Two Thousand Dollars ($552,000.00) (the
"Fee"), for all tasks, as provided in Exhibit A.
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4.2 Consultant may invoice the City for payment of the Fee in the following four installments,
in accordance with delivery of the Services, as contained in Exhibit A:
i. Task 1 - Consultant may invoice the City in the amount $126,500.00 upon completion of
Task 1 (Ocean Drive Focus—Current Conditions Analysis and Input from Stakeholders).
For purposes of this second installment, all Services and deliverables for Task 1,
stipulated in Exhibit A, must be received and accepted by the City, to its reasonable
satisfaction.
ii. Task 2A- Consultant may invoice the City in the amount of$49,000.00 upon completion
of Task 2A (Overall District— Existing Conditions and Mobility Review). For purposes of
this second installment, all Services and deliverables for Tasks 1 and 2A, stipulated in
Exhibit A, must be received and accepted by the City, to its reasonable satisfaction.
iii. Task 2B-Consultant may invoice the City in the amount of$116,000.00 upon completion
of Task 2B (Assessment of Current Land Use, Zoning and Economics of Integrated
Entertainment District). For purposes of this third installment,all Services and deliverables
for Tasks 1, 2A and 2B, as stipulated in Exhibit A, must be received and accepted by the
City, to its reasonable satisfaction.
a. Notice to Proceed. Work shall not commence on Task 2B until the City Manager
or his designee has issued a written Notice to Proceed to the Consultant. Such
Notice will not be issued until the City is assured that the Consultant has complied
with the Consultant's responsibilities for previous tasks and that the appropriate
budgetary funding has been allocated by the City.
iv. Task 3- Consultant may invoice the City in the amount of$260,500.00, upon completion
of Phase 3(Urban & Economic Framework Plan with Action Plan for Implementation). For
purposes of this final installment payment, all Services and deliverables related to Tasks
1, 2A, 2B, and 3, as stipulated in Exhibit A, must be received and accepted by the City, to
its reasonable satisfaction.
a. Notice to Proceed. Work shall not commence on Task 3 until the City Manager or
his designee has issued a written Notice to Proceed to the Consultant. Such Notice
will not be issued until the City is assured that the Consultant has complied with
the Consultant's responsibilities for previous tasks and that the appropriate
budgetary funding has been allocated by the City.
Authorization to perform any Additional Services not explicitly included in the task descriptions
and cost proposal in Exhibit A must be expressly authorized in advance in writing by the City
Manager or his designee.Any request for payment of Additional Services and any other costs not
included in the tasks in Exhibit A shall be included with a Consultant payment request.
Reimbursable Expenses are NOT an allowance set aside by the City and shall be included in all
bid pricing.
4.4 INVOICING
Upon receipt of an acceptable and approved invoice, payment(s) shall be made within forty-five
(45) days for that portion (or those portions) of the Services satisfactorily rendered (and
referenced in the particular invoice).
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Invoices shall include a detailed description of the Services (or portions thereof) provided, and
shall be submitted to the City at the following address:
Economic Development Department Director
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida, 33139
SECTION 5
TERMINATION
5.1 TERMINATION FOR CAUSE
If the Consultant shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants,
agreements, or stipulations material to this Agreement, the City, through its City Manager, shall
thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to
terminate for cause, the City shall notify the Consultant of its violation of the particular term(s) of
this Agreement, and shall grant Consultant ten (10) days to cure such default. If such default
remains uncured after ten (10)days,the City may terminate this Agreement without further notice
to Consultant. Upon termination, the City shall be fully discharged from any and all liabilities,
duties, and terms arising out of, or by virtue of, this Agreement.
Notwithstanding the above,the Consultant shall not be relieved of liability to the City for damages
sustained by the City by any breach of the Agreement by the Consultant. The City, at its sole
option and discretion, shall be entitled to bring any and all legal/equitable actions that it deems to
be in its best interest in order to enforce the City's rights and remedies against Consultant. The
City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees.
5.2 TERMINATION FOR CONVENIENCE OF THE CITY
THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS CONVENIENCE AND
WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY
GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION; WHICH SHALL
BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE
CONSULTANT OF SUCH NOTICE. ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH,
WELFARE OR SAFETY CONCERN,AS DETERMINED BY THE CITY MANAGER, IN THE CITY
MANAGER'S SOLE DISCRETION, THE CITY MANAGER, PURSUANT TO A VERBAL OR
WRITTEN NOTIFICATION TO CONTRACTOR, MAY IMMEDIATELY SUSPEND THE
SERVICES UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE ALTERNATIVE,
TERMINATE THIS AGREEMENT ON A GIVEN DATE. IF THE AGREEMENT IS TERMINATED
FOR CONVENIENCE BY THE CITY, CONSULTANT SHALL BE PAID FOR ANY SERVICES
SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH
THE CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES,AND TERMS
ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT.
5.3 TERMINATION FOR INSOLVENCY
The City also reserves the right to terminate the Agreement in the event the Consultant is placed
either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors.
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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, loss of or damage to property,which
may arise or be alleged to have arisen from the negligent acts,errors, omissions or other wrongful
conduct of the Consultant, its officers, employees, agents, contractors, or any other person or
entity acting under Consultant's control or supervision, in connection with, related to,or as a result
of the Consultant's performance of the Services pursuant to this Agreement. To that extent, the
Consultant shall pay all such claims and losses and shall pay all such costs and judgments which
may issue from any lawsuit arising from such claims and losses, and shall pay all costs and
attorneys'fees expended by the City in the defense of such claims and losses, including appeals.
The Consultant expressly understands and agrees that any insurance protection required by this
Agreement or otherwise provided by the Consultant shall in no way limit the Consultant's
responsibility to indemnify, keep and save harmless and defend the City or its officers,employees,
agents and instrumentalities as herein provided.
The parties agree that one percent(1%) of the total compensation to Consultant for performance
of the Services under this Agreement is the specific consideration from the City to 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;
3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes; and
4. Automobile Liability, in the amount of$1,000,000 each occurrence - owned/non-owned/hired
automobiles included.
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 certificates for General Liability shall include the City as an additional
insured and shall contain a waiver of subrogation endorsement.
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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 JURISDICTIONNENUE/JURY TRIAL WAIVER
This Agreement shall be construed in accordance with the laws of the State of Florida. This
Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering
into this Agreement, Consultant and the City expressly waive any rights either party may have to
a trial by jury of any civil litigation related to or arising out of this Agreement.
SECTION 8
LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on the
City's liability for any cause of action, for money damages due to an alleged breach by the City of
this Agreement, so that its liability for any such breach never exceeds the sum of $10,000.
Consultant hereby expresses its willingness to enter into this Agreement with Consultant's
recovery from the City for any damage action for breach of contract to be limited to a maximum
amount of$10,000.
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant
hereby agrees that the City shall not be liable to the Consultant for damages in an amount in
excess of$10,000 for any action or claim for breach of contract arising out of the performance or
non-performance of any obligations imposed upon the City by this Agreement.
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.
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SECTION 9
DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS; COPYRIGHT;
AND CONFIDENTIAL FINDINGS
9.1 DUTY OF CARE
With respect to the performance of the work and/or service contemplated herein, Consultant shall
exercise that degree of skill, care, efficiency and diligence normally exercised by reasonable
persons and/or recognized professionals with respect to the performance of comparable work
and/or services.
9.2 COMPLIANCE WITH APPLICABLE LAWS
In its performance of the work and/or services, Consultant shall comply with all applicable laws,
ordinances, and regulations of the City, Miami-Dade County, the State of Florida, and the federal
government, as applicable.
9.3 PATENT RIGHTS; COPYRIGHT; CONFIDENTIAL FINDINGS
Any work product arising out of this Agreement, as well as all information specifications,
processes, data and findings, are intended to be the property of the City and shall not otherwise
be made public and/or disseminated by Consultant, without the prior written consent of the City
Manager, excepting any information, records etc. which are required to be disclosed pursuant to
Court Order and/or Florida Public Records Law.
All reports, documents, articles, devices, and/or work produced in whole or in part under this
Agreement are intended to be the sole and exclusive property of the City, and shall not be subject
to any application for copyright or patent by or on behalf of the Consultant or its employees or
sub-consultants, without the prior written consent of the City Manager.
SECTION 10
GENERAL PROVISIONS
10.1 AUDIT AND INSPECTIONS
Upon reasonable verbal or written notice to Consultant, and at any time during normal business
hours(i.e. 9AM—5PM, Monday through Fridays,excluding nationally recognized holidays), and
as often as the City Manager may, in his/her reasonable discretion and judgment, deem
necessary, there shall be made available to the City Manager, and/or such representatives as
the City Manager may deem to act on the City's behalf, to audit, examine, and/or inspect, any
and all other documents and/or records relating to all matters covered by this Agreement.
Consultant shall maintain any and all such records at its place of business at the address set
forth in the"Notices" section of this Agreement.
10.2 INSPECTOR GENERAL AUDIT RIGHTS
(A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has
established the Office of the Inspector General which may, on a random basis, perform
reviews, audits, inspections and investigations on all City contracts, throughout the
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duration of said contracts. This random audit is separate and distinct from any other
audit performed by or on behalf of the City.
(B) The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past, present and proposed City programs, accounts, records,
contracts and transactions. In addition,the Inspector General has the power to subpoena
witnesses, administer oaths, require the production of witnesses and monitor City
projects and programs. Monitoring of an existing City project or program may include a
report concerning whether the project is on time, within budget and in conformance with
the contract documents and applicable law.The Inspector General shall have the power
to audit, investigate, monitor, oversee, inspect and review operations, activities,
performance and procurement process including but not limited to project design, bid
specifications, (bid/proposal) submittals, activities of the Consultant, its officers, agents
and employees, lobbyists, City staff and elected officials to ensure compliance with the
contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the
City Code, the City is allocating a percentage of its overall annual contract expenditures
to fund the activities and operations of the Office of Inspector General.
(C) Upon ten (10) days written notice to the Consultant, the Consultant shall make all
requested records and documents available to the Inspector General for inspection and
copying. The Inspector General is empowered to retain the services of independent
private sector auditors to audit, investigate, monitor, oversee, inspect and review
operations activities, performance and procurement process including but not limited to
project design, bid specifications, (bid/proposal) submittals, activities of the Consultant
its officers, agents and employees, lobbyists, City staff and elected officials to ensure
compliance with the contract documents and to detect fraud and corruption.
(D)The Inspector General shall have the right to inspect and copy all documents and records
in the Consultant's possession, custody or control which in the Inspector General's sole
judgment, pertain to performance of the contract, including, but not limited to original
estimate files, change order estimate files,worksheets, proposals and agreements from
and with successful subcontractors and suppliers, all project-related correspondence,
memoranda, instructions, financial documents, construction documents, (bid/proposal)
and contract documents, back-change documents, all documents and records which
involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends
received, payroll and personnel records and supporting documentation for the aforesaid
documents and records.
(E) The Consultant shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition (bid preparation) and
performance of this Agreement, for examination, audit, or reproduction, until three (3)
years after final payment under this Agreement or for any longer period required by
statute or by other clauses of this Agreement. In addition:
i. If this Agreement is completely or partially terminated,the Consultant shall make
available records relating to the work terminated until three (3) years after any
resulting final termination settlement; and
ii. The Consultant shall make available records relating to appeals or to litigation or
the settlement of claims arising under or relating to this Agreement until such
appeals, litigation, or claims are finally resolved.
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(F) The provisions in this section shall apply to the Consultant, its officers, agents,
employees, subcontractors and suppliers. The Consultant shall incorporate the
provisions in this section in all subcontracts and all other agreements executed by the
Consultant in connection with the performance of this Agreement.
(G)Nothing in this section shall impair any independent right to the City to conduct audits or
investigative activities. The provisions of this section are neither intended nor shall they
be construed to impose any liability on the City by the Consultant or third parties.
10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING
Consultant shall not subcontract, assign, or transfer all or any portion of any work and/or service
under this Agreement without the prior written consent of the City Manager, which consent, if
given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor
any term or provision hereof, or right hereunder, shall be assignable unless as approved
pursuant to this Section, and any attempt to make such assignment(unless approved) shall be
void.
10.4 PUBLIC ENTITY CRIMES
Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR
7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with
the City's Procurement Division.
10.5 NO DISCRIMINATION
In connection with the performance of the Services, the Consultant shall not exclude from
participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race,
color, national origin, sex, age, disability, religion, income or family status.
Additionally, Consultant shall comply fully with the City of Miami Beach Human Rights
Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time,
prohibiting discrimination in employment, housing, public accommodations, and public services
on account of actual or perceived race, color, national origin, religion,sex, intersexuality, gender
identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight,
domestic partner status, labor organization membership, familial situation, or political affiliation.
10.6 CONFLICT OF INTEREST
Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade County
Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade County
Code, as may be amended from time to time; and by the City of Miami Beach Charter and Code,
as may be amended from time to time; both of which are incorporated by reference as if fully set
forth herein.
Consultant covenants that it presently has no interest and shall not acquire any interest, directly
or indirectly,which could conflict in any manner or degree with the performance of the Services.
Consultant further covenants that in the performance of this Agreement, Consultant shall not
employ any person having any such interest. No member of or delegate to the Congress of the
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United States shall be admitted to any share or part of this Agreement or to any benefits arising
therefrom.
10.7 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
(A) Consultant shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time.
(B) The term "public records" shall have the meaning set forth in Section 119.011(12), which
means all documents, papers, letters, maps, books, tapes, photographs, films, sound
recordings, data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to law or ordinance
or in connection with the transaction of official business of the City.
(C) Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the definition
of"Contractor"as defined in Section 119.0701(1)(a), the Consultant shall:
(1) Keep and maintain public records required by the City to perform the service;
(2) Upon request from the City's custodian of public records, provide the City with a
copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in Chapter 119,
Florida Statutes or as otherwise provided by law;
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed, except as authorized by law,
for the duration of the contract term and following completion of the Agreement if
the Consultant does not transfer the records to the City;
(4) Upon completion of the Agreement, transfer, at no cost to the City, all public
records in possession of the Consultant or keep and maintain public records
required by the City to perform the service. If the Consultant transfers all public
records to the City upon completion of the Agreement,the Consultant shall destroy
any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. If the Consultant keeps and maintains public
records upon completion of the Agreement, the Consultant shall meet all
applicable requirements for retaining public records. All records stored
electronically must be provided to the City, upon request from the City's custodian
of public records, in a format that is compatible with the information technology
systems of the City.
(D) REQUEST FOR RECORDS; NONCOMPLIANCE.
(1) A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City. If the City does not possess the
requested records, the City shall immediately notify the Consultant of the request,
and the Consultant must provide the records to the City or allow the records to be
inspected or copied within a reasonable time.
(2) Consultant's failure to comply with the City's request for records shall constitute a
breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally
terminate the Agreement; (2) avail itself of the remedies set forth under the
Agreement; and/or(3) avail itself of any available remedies at law or in equity.
(3) A Consultant who fails to provide the public records to the City within a reasonable
time may be subject to penalties under s. 119.10.
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(E) CIVIL ACTION.
(1) If a civil action is filed against a Consultant to compel production of public records
relating to the City's contract for services,the court shall assess and award against
the Consultant the reasonable costs of enforcement, including reasonable attorney
fees, if:
a. The court determines that the Consultant unlawfully refused to comply with
the public records request within a reasonable time; and
b. At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the Consultant
has not complied with the request, to the City and to the Consultant.
(2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of
public records and to the Consultant at the Consultant's address listed on its
contract with the City or to the Consultant's registered agent. Such notices must
be sent by common carrier delivery service or by registered, Global Express
Guaranteed, or certified mail,with postage or shipping paid by the sender and with
evidence of delivery, which may be in an electronic format.
(3) A Consultant who complies with a public records request within 8 business days
after the notice is sent is not liable for the reasonable costs of enforcement.
(F) IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO@MIAMIBEACHFL.GOV
PHONE: 305-673-7411
10.7 FORCE MAJEURE
(A) A "Force Majeure" event is an event that (i) in fact causes a delay in the performance of
the Consultant or the City's obligations under the Agreement, and (ii) is beyond the
reasonable control of such party unable to perform the obligation, and (iii) is not due to an
intentional act, error, omission, or negligence of such party, and (iv) could not have
reasonably been foreseen and prepared for by such party at any time prior to the
occurrence of the event. Subject to the foregoing criteria, Force Majeure may include
events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism,
sabotage, explosions, embargo restrictions, quarantine restrictions, transportation
accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God
which prevent performance. Force Majeure shall not include technological impossibility,
inclement weather, or failure to secure any of the required permits pursuant to the
Agreement.
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(B) If the City or Consultant's performance of its contractual obligations is prevented or
delayed by an event believed by to be Force Majeure, such party shall immediately upon
learning of the occurrence of the event or of the commencement of any such delay, but in
no case within fifteen (15) business days thereof, provide notice of(i)of the occurrence of
event of Force Majeure, (ii) of the nature of the event and the cause thereof, (iii) of the
anticipated impact on the Agreement, (iv) of the anticipated period of the delay, and (v)of
what course of action such party plans to take in order to mitigate the detrimental effects
of the event. The timely delivery of the notice of the occurrence of a Force Majeure event
is a condition precedent to allowance of any relief pursuant to this section; however,
receipt of such notice shall not constitute acceptance that the event claimed to be a Force
Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a
Force Majeure event shall be on the requesting party.
(C) No party hereto shall be liable for its failure to carry out its obligations under the Agreement
during a period when such party is rendered unable, in whole or in part, by Force Majeure
to carry out such obligations. The suspension of any of the obligations under this
Agreement due to a Force Majeure event shall be of no greater scope and no longer
duration than is required. The party shall use its reasonable best efforts to continue to
perform its obligations hereunder to the extent such obligations are not affected or are
only partially affected by the Force Majeure event, and to correct or cure the event or
condition excusing performance and otherwise to remedy its inability to perform to the
extent its inability to perform is the direct result of the Force Majeure event with all
reasonable dispatch.
(D) Obligations pursuant to the Agreement that arose before the occurrence of a Force
Majeure event causing the suspension of performance shall not be excused as a result of
such occurrence unless such occurrence makes such performance not reasonably
possible. The obligation to pay money in a timely manner for obligations and liabilities
which matured prior to the occurrence of a Force Majeure event shall not be subject to the
Force Majeure provisions.
(E) Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure
occurrence, the City may, at the sole discretion of the City Manager, suspend the City's
payment obligations under the Agreement,and may take such action without regard to the
notice requirements herein. Additionally, in the event that an event of Force Majeure
delays a party's performance under the Agreement for a time period greater than thirty
(30) days, the City may, at the sole discretion of the City Manager, terminate the
Agreement on a given date, by giving written notice to Consultant of such termination. If
the Agreement is terminated pursuant to this Section, Consultant shall be paid for any
Services satisfactorily performed up to the date of termination; following which the City
shall be discharged from any and all liabilities, duties, and terms arising out of, or by virtue
of,this Agreement. In no event will any condition of Force Majeure extend this Agreement
beyond its stated term.
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.
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Until changed by notice, in writing, all such notices and communications shall be addressed as
follows:
TO CONSULTANT: Zyscovich, Inc.
100 N. Biscayne Blvd. 27th Floor
Miami, Florida 33132
Attn: Bernard Zyscovich
TO CITY: City Manager
City of Miami Beach
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
WITH COPY TO: Economic Development Director
City of Miami Beach
1755 Meridian Avenue, 5th 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 date of an acknowledged receipt, or, in all other cases, on the
date of receipt or refusal.
SECTION 12
MISCELLANEOUS PROVISIONS
12.1 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written consent of the
parties. No modification, amendment, or alteration of the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same formality and of
equal dignity herewith.
12.2 SEVERABILITY
If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this
Agreement shall not be affected and every other term and provision of this Agreement shall be
valid and be enforced to the fullest extent permitted by law.
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12.3 WAIVER OF BREACH
A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such
provision or modification of this Agreement. A party's waiver of any breach of a provision of this
Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed
to be a modification of the terms of this Agreement.
12.4 JOINT PREPARATION
The parties hereto acknowledge that they have sought and received whatever competent advice
and counsel as was necessary for them to form a full and complete understanding of all rights
and obligations herein and that the preparation of this Agreement has been a joint effort of the
parties,the language has been agreed to by parties to express their mutual intent and the resulting
document shall not, solely as a matter of judicial construction, be construed more severely against
one of the parties than the other.
12.5 ENTIRETY OF AGREEMENT
The City and Consultant agree that this is the entire Agreement between the parties. This
Agreement supersedes all prior negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contained herein, and there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are not
contained in this document. Title and paragraph headings are for convenient reference and are
not intended to confer any rights or obligations upon the parties to this Agreement.
[REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
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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
ATTEST:
L7o:oL:ss..
By:
Rafael E. Granado, City Clerk Dan Gelber, Mayor
10/11/2020 l 3:42 PM EDT
Date:
FOR CONSULTANT: ZYSCOVICH ARCHITECTS, INC.
ATTEST:
By:
Bernard Zyscovich, President
Grace Perdomo
ZYSCOVICH- Director of Urban Design &Planning
Print Name and Title
October 09, 2020
Date:
APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION
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EXHIBIT A
ZYSCOVICH .'SCOPE OF WORK
A LAND USE, MOBILITY AND ECONOMIC DEVELOPMENT STUDY OF THE CULTURE, ART AND MIXED-USE
ENTERTAINMENT DISTRICT(MXE)
OVERVIEW:Zyscovich will serve as the prime consultant responsible for developing a District-wide Urban Design
and Mobility Framework Plan vision and strategic action plan for the City's Culture, Art and Mixed-Use
Entertainment District(MXE District). Under the direction of the City,Zyscovich will have lead responsibility for
overall team coordination related to the development of urban design strategies and recommendations required
to create and develop the Plan vision and recommended Action Plan and present the findings to the public.
We propose the tasks outlined in this proposal to be aligned with the desire to advance the following goals:
• Support the implementation of context-sensitive design and multi-modal recommendations that meet the
needs of all street users throughout the City's MXE District;
• Balance community values, economic development goals and mobility needs;
• Increase safe access for people who walk and bike to and within the district and achieve higher quality
user experience; and,
• Review and recommend changes to the land uses and zoning that will further the objectives of the district.
The following Scope of Work outlines our process for creating a strategic and implementable plan to include the
following two distinct components:
1. Ocean Drive,Street Ends and Lummus Park-Analysis and Pilot Project(s)
2. Culture Art and Mixed-Use Entertainment District-Analysis and Pilot Project(s)
Both components will address creative placemaking strategies and interventions for the MXE District with a focus
on the urban integration of mobility and economics related to land use,zoning and utilization of the corridors. Our
approach integrates visioning, physical planning, and design with the City's ongoing and/or planned economic
development and capital improvement projects, city planning efforts and overall vision for the District's future.
The Zyscovich Team will work in close collaboration with the City to develop a Pilot Project for Ocean Drive for
implementation and monitoring and prepare urban design recommendations for the MXE District overall that reflect
the findings of the urban design and land use analysis, the economic assessment and the transit and mobility
analysis, as described herein.
PROJECT AREA: The boundaries of the Culture, Art and Mixed-Use Entertainment District (MXE District) as
defined by the City of Miami Beach encompasses the area between Washington Avenue to Ocean Drive and 5th
Street to 17th Street, including Collins Avenue and side streets.
THE ZYSCOVICH TEAM:The Zyscovich Project Team (Consultant) will be the following:
• ZYSCOVICH ARCHITECTS — Prime Consultant — Land Use, Urban Design, Strategic Planning &
Community Engagement, Pilot Projects
• RAYMOND JUNGLES—Landscape Architecture
• LAMBERT ADVISORY(LA) - Economic Development Services.
• KITTELSON &ASSOCIATES, INC. (KITTELSON)-Transit and Mobility Planning.
• GEHL-Public Space Strategies
TOWN SQUARE CORP. - Programming and Branding Strategies.
The draft recommendations and final District-wide Urban Design and Mobility Framework Plan with Action
Plan for implementation will be completed in approximately fifteen (15) months.
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The final recommendations and approval processes will depend on the City.The work will be organized into tasks,
each with a series of developmental sub-tasks. Each task will require input and development from identified City
staff and stakeholders.
OCEAN:DRIVE,;STREE.T ENDS:AND LUMMUS PARK. ANALYSIS AND PILOT
TASK 1: OCEAN DRIVE FOCUS — CURRENT CONDITIONS ANALYSIS AND INPUT FROM
STAKEHOLDERS
Timeframe: 6-7 months
Deliverable: Summary Presentation materials of review findings
The proposed activities during this task can be summarized as follows:
• Understand the existing conditions of the area as relates to concerns and issues on Ocean Drive at this
time.
• Define a preferred pilot project along the corridor for implementation and monitoring.
• Complete a presentation and summary based on the Consultant Team's review and covering
stakeholders' input with City input.
During this phase of work,the Zyscovich Team will begin by Defining the concerns and issues on Ocean Drive;
Identify Key Opportunities for a Pilot Project; and, Develop a Preferred Pilot Project for implementation and
monitoring.The work during this initial task encompasses the following subtasks:
SubTask 1.1: Stakeholder and Community Virtual Meetings
During this subtask,Zyscovich will lead a series of virtual meetings that will take input from key stakeholders and
community interests to define the concerns and issues on Ocean Drive at this time. This initial task is intended
to develop the means by which a consensus can be formed around the objectives for a pilot project in the corridor
that can address the business,tourist and local interests.
SubTask 1.2: Select and Design the Preferred Pilot Project for Implementation and Monitoring
The Zyscovich team will develop alternate scenarios for the Ocean Drive pilot project design that will be evaluated
by the City and the stakeholders. The elements to be looked at initially will include the entire street section east
of the eastern property line, including Lummus Park,and understand relevant components including:
o General Corridor Conditions including Context and Influences
o Existing Concentrations of Uses
o Unique Corridor Characteristics including Urban Barriers and Constraints
o Major Property Holdings
o General Density and Building Massing
o Historic Development Patterns and Structures
o Public Amenities: Parks, Open Space, and Beachfront
o Cultural and Entertainment Uses
o Tree Coverage
o General Parking Locations
o Overall Street Grid and Connectivity
o General Streetscapes and Types
o Developments Approved and in Process and Public Projects including understanding of potential impacts
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o Understanding of City's vulnerabilities to sea level rise and approach through its stormwater program and
land use amendments (City to address and provide information)
Once these considerations are reviewed, the Zyscovich Team will develop pilot project options to arrive at a
preferred solution and take the design through concept phase at which time the City will determine the best way
to design and implement the pilot project. Once implemented,the Zyscovich Team will monitor the success and
issues with the pilot project and adapt the design to the objective.
The Zyscovich Team's proposed Pilot Project design shall focus on enhancing the appearance and functionality
of the public right-of-way and public spaces through the use of specific design elements. Our conceptual design
will take into consideration a range of urban design and landscape architecture components with the purpose of
increasing vibrancy, attractiveness and safety, promote pedestrian activity, and enhance connectivity between
neighboring streets and local cultural anchors within the corridor.The Preferred Pilot Project will lay out solutions
for implementation and monitoring.The design components to be considered are as follows:
Urban Life and Public Realm:
• Definition of public spaces,amenities and open space including civic areas such as plazas,pocket parks,
sidewalks/median etc.
• Strengthening sense of place, identity, and aesthetics through the identification of opportunities for
enhancing the retail/commercial experience and for reorganizing/prioritizing public space and
programming.
• Increasing vibrancy and attractiveness by use of landscape/streetscape design including strategic tree
species, shrubs planting systems, art, sculpture,furniture, play and exercise equipment, and their
locations.
• Development of a public landscaping approach for the corridor which interacts with the surrounding
private properties as well as the historic and architectural character and scale of the corridor in order to
promote pedestrian activity with a focus on both tourist and resident uses and gathering spaces in the
corridor.
• Incorporating recommendations for the newly created BID that address marketing, branding, and event
programming in service of a larger vision for the corridor.
• Incorporates safety and security measures including Crime Prevention Through Environmental Design
(CPTED) principles.
Mobility, Connectivity and Transportation:
• Defining a corridor network and circulation for connecting shuttles,trolley,and/or bus routes,emergency
vehicle access, automobiles, bicycles and pedestrians.
• Developing multi-modal connectivity solutions between destinations along the corridor through an
enhanced system of bike-lanes,transit stops and pedestrian facilities.
• Producing thoughtful treatment of street intersections and medians, ensuring safe and continuous
pedestrian and bicycle passage along the entire length of the corridor.
• Addressing public parking including on street parking,freight loading zones,public parking structures as
a joint venture between private property owner(s)and the City,private parking facilities available for public
use, parking requirements, uniform valet program (i.e. Design District).
• Considering automobile traffic and parking under the assumption that the corridor is not restricted to its
current configuration and has the potential for limited parking and no loading.
Art and Landscape:
• Landscape and appropriate plant palette
• Street lighting and sidewalk/public space lighting.
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• Street furniture including trash and recycling containers.
• Art in public places
• Special event programming
• Wayfinding and signage
•. Developing minimum planting standards based on industry best practices for planting treatment,
irrigation, suspended pavement systems, etc.
• Installing desirable environmentally appropriate groundcover,trees, and/or shrubs is of high priority.
Specimens recommended must be able to thrive in a coastal environment, be drought tolerant, and
strong enough to withstand the public by-way and climate forces.
SubTask 1.3: Review Existing MXE District
The physical design of the project is tied to the land use and zoning. This task will look at the way in which the
regulatory issues can be changed or enhanced to predict a balanced outcome for all the constituent interests of
Ocean Drive.
In addition,during this task the Zyscovich Team will also look at the economic challenges inherent in the properties
in general and make recommendations for how to balance the profit centers affecting each property. This will be
reviewed in the context of modifications that will look at Ocean Drive, the street ends approaching Ocean Drive
and Lummus Park as well as determine of any changes should be proposed during the pilot project.
SubTask 1.4: Review of Impact to Street ends and Collins Avenue
Since the City is already moving forward with the pilot project on Washington Avenue, the decisions made for
Ocean Drive will have an impact on Collins and the connecting streets between. The Zyscovich Team will review
and coordinate the proposed Pilot Projects to anticipate and potentially suggest what happens in these areas.
SubTask 1.5: Presentation
During this subtask, the Zyscovich Team will present the process undertaken to define the Ocean Drive Pilot
Project and final recommendations. Information will be collected and assembled into a final presentation
document that will outline the process of arriving at the proposed recommendations and action items that need
to be undertaken for implementation.The information will be presented at a public meeting.
CULTURE ART AND MIXED-USE ENTERTAINMENT DISTRICT—ANALYSIS AND PILOT
TASK 2A OVERALL DISTRICT—EXISTING CONDITIONS AND MOBILITY REVIEW
Timeframe: 3-4 months
Deliverable: Summary Presentation materials of review findings
SubTask 2A.1: Meeting with City Department leads and staff for Washington and Collins
During this task, Zyscovich will lead two-hour meeting with key City Department leads and staff to understand
existing/ongoing planning efforts; establish project goals and key focus areas; and, develop a shared vision and
understanding of the required Study outputs and outcomes. The meeting will enable an in-depth discussion and
initial assessment of issues and opportunities for the District and result in strategic alignment of goals and
objectives of the District to guide the planning process.
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SubTask 2A.2: Review of Previous and Ongoing Land Use Planning,Economic and Transportation Studies
The City shall provide the Zyscovich Team with all relevant and appropriate previous studies for the City so that
those findings can be incorporated as appropriate into the current research for this study. This shall not be an
exhaustive study into prior work but shall be a cursory review to understand previous conclusions and
recommendations as well as help establish a clear definition of the existing conditions and problems within the
district and identifies the study area's issues and opportunities as relates to land use, urban design, economic
vitality and placemaking conditions and goals,transportation and parking.
SubTask 2A.3: Mobility Review
The mobility trial of the Washington and Collins Pilot Projects will be reviewed and evaluated. The Zyscovich
Team will provide input to the both pilot projects which will be conceptually agreed or already implemented by
this time.There will be a cognitive absorption of the proposed City transportation proposals so that there can be
a conceptual approach for the transportation that can be carried forward into the planning of the district.This task
will include Team's observations and comments on the Pilot Projects as well as include assumptions of Future
Travel Patterns and Multimodal Needs'impacts on Land Use within the district.
TASK 2B ASSESSMENT OF CURRENT LAND USE,ZONING AND ECONOMICS FOR AN INTEGRATED
CULTURE ART AND MIXED-USE ENTERTAINMENT DISTRICT
Timeframe: 3-4 months
Deliverable: Summary of Surveys and Findings Report and Sketches
SubTask 2B.1: Economic Overview and explore New Opportunities
The Zyscovich Team will analyze and lead discussions of opportunities and approach to change regarding the
economic performance of buildings within the District. Based on this analysis,Zyscovich will evaluate options
that would enable a more balanced and efficient means of utilizing each corridor to its potential. This evaluation
will consider the review of land use concepts being proposed to advise on potential outcomes.
With an understanding of economic and market conditions that will impact planning (and revitalization) efforts,
the opportunity to link the economic program to physical planning will be addressed.To this extent,we will be
able to provide comprehensive insight into issues such as:
• How can the City identity the opportunity within any given study area be strengthened? Upon
evaluation of certain architectural and design attributes within each area, we may provide
recommendations as to how to make use of existing features to market the area and improve the
identity by building upon existing assets.
• How does the City provide adequate diversification of land uses to create functional clusters?
The success of a community often depends on an adequate mix of land uses.We will help to identify
strengths and weaknesses in the existing mix of uses and provide insight into improvements as
needed. This is particularly important within a diverse geographic study area for which land use
regulation is needed to link distinct areas.
• How does the City improve pedestrian mobility and create sense of place? An inventory and
relationship analysis of existing access routes,public transportation,landscape features,and activity
centers will be integrated into the planning analysis and assessment of redevelopment opportunities
to understand how to better time the implementation of capital improvements to economic and
market opportunities.
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• What does the City need to do to establish the organizational framework to best manage the
implementation of policy changes and provide for long term funding needs? This component will
focus on developing a budget for managing the capital and ongoing operating aspects of the district,
and detailing those revenue sources (i.e. sponsorship/fees) which the City may be able to grow in
order to broaden the fiscal foundation to support improvements and operations.
SubTask 2B.2: Review Land Use and Zoning Regulations and Explore Enhancements
During this task,Zyscovich will review the existing land use and zoning regulations related to permitted uses and
the consequences and behaviors resulting from these uses and regulations.An assessment will be made on those
parts of the regulatory framework that need change or further restriction so that the problems of the MXE district
due to regulations can be identified and documented.
SubTask 2B.3: Concept for Lummus Park Improvements that enhance Ocean Drive
During this task,the Zyscovich Team will create and test design concepts that can be iconic and transformational
for Lummus Park in order to establish a consensus for a redefined Ocean Drive.
TASK 3: URBAN AND ECONOMIC DEVELOPMENT FRAMEWORK FOR MXE DISTRICT WITH ACTION
PLAN FOR IMPLEMENTATION
Timeframe: 6-7 months
Deliverable: Workshop Presentation + Workshop Summary Report for each Workshop to include a
condensed overview of all input and outcomes. Final Plan Report containing the District-wide
Urban and Economic Development Framework Plan with Action Plan indicating prioritization of
projects for near-and long-term implementation.
SubTask 3.1: Review and Comment on performance of PILOT PROJECTS
During this task,the Zyscovich Team will review the progress and efficacy of Washington Ave, Ocean Drive and
Lummus Park pilot projects and monitor the success of the temporary relocation of transit to Collins. This
analysis will result in a series of recommendations for any changes and/or enhancements to ongoing projects.
SubTask 3.2: Visioning Workshop for the entire district
This task will be conducted in parallel or during work being developed under Tasks above. During this visioning
workshop, invited Stakeholder Groups and BIDs will convene to discuss and define goals and priorities for the
study, set a direction for the planning process and potential actions, and formulate a shared vision to serve as a
baseline for the framework strategy
SubTask 3.3: Public Workshops
Zyscovich will conduct(2)two workshops to obtain stakeholder input critical to the development of the visioning,
strategies, and options for an Urban Planning and Economic Mobility Framework for the MXE District. Core
Activities for the (2)two Workshops shall include:
• Review existing conditions and contextual study materials, engagements and analysis to date;
• Design and prepare workshop materials and presentations;
• Facilitate 1/2 day virtual workshop;
• Synthesize input and initial recommendations including observations from Pilot Projects; and,
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• Develop illustrated vision, principles, and success criteria based on workshop outcomes,to support the
larger Urban and Economic Framework, and present back to the City for input.
We have identified the following (2) two Workshops with invited stakeholders to be held as input/visioning
sessions. Each Workshop will focus on specific topic areas as follows:
Workshop 1 -District Characteristics, Urban Design and Placemaking
Workshop 2—Transportation, Land Use and Zoning
Workshop 1 FOCUS- District Characteristics, Urban Design and Placemaking
Zyscovich, together with Gehl, will work with the wider project team to design and facilitate a workshop that
uncovers the long-term vision for public space use in the MXE District and establish success metrics around the
life the District wants to define and create, which will guide the Framework plan.The workshop purpose is to:
• Create a common understanding with the core stakeholders and wider public
• Gather input from core stakeholders to refine the criteria for success and define guiding principles that
will be reflected in the Framework Plan
• Develop an engaging,focused vision for a desirable and functional District
Workshop topics shall include:
• Site walk with the team and invited stakeholders to selected areas of the District to observe behaviors
and identify challenges and opportunities
• Identify interim/iterative activation projects to engage stakeholders and test the developing vision through
street level, experimental projects or events.
• Success criteria, including definition of qualitative and quantitative metrics to evaluate projects and
programs,once implemented.We will lay a foundation for people centered metrics that the City can refine
over time and that can be included in the final Framework and Action Plan.
• A brainstorming session to capture initial ideas, concerns, and ambitions related to what success looks
like.
• Questions may include:
o What experiences do we want to have on Ocean Drive?Washington Ave? Collins Avenue?And
in the wider District?How might we address challenges with perception today?
o Who is the audience?What combination of programming/activation will invite current visitors to
spend more time and anticipated future and desired future visitors to the District overall?
o How can the design of the public realm foster the perception and behavior changes desired?
o Where could programming be deployed and at what times of day to optimize public participation
and use for specific goals/objectives?
o Seasonality—How will programming/activation strategies need to adapt throughout the year?
Workshop 2 FOCUS—Transportation, Land Use and Zoning
Zyscovich, Kittelson and Lambert Advisory will present findings of the previous analysis and assessment work
and elicit input from workshop participants on specific topics as pertains to mobility,connectivity, retail,tourism,
arts, culture and entertainment uses and demands; and land use and zoning.
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SubTask 3.4: Guiding Principles and Urban Design Strategies with Priorities and Action Plan
During this task,the Zyscovich Team will Develop guiding principles, urban design strategies and action plan incl
project prioritization for the district and specific to Washington Ave, Collins Ave and Ocean Drive to include the
following:
• Land Use and Mobility Recommendations
• Economic Development Strategies
• Urban Design Strategies and Landscape Architecture Elements
Project prioritization alternatives and considerations based on previous task assessments and outcomes, market
and economic assessment, transportation/mobility assessment, and community/stakeholder input will be
identified. Major Tasks include the following:
• Identification and on-going development of urban design strategies related to (sub)district placemaking
opportunities; special district repositioning and development strategies; and, programming options.The
Consultant Team will develop specific recommendations based on the selected guiding principles and
priorities. The strategies will address a multitude of issues such as infill development, public/private
opportunities, housing, transit and mobility, street connectivity, streetscape, the public realm and
amenities, sub-districts, etc. both in terms of uses, massing, and open public space, based on the
economic and transit/mobility assessments and recommendations.
• Establish targeted urban design recommendations in coordination with the Consultant Team and the City.
• Establish project priorities and program alternatives for sub-districts which address steps for
implementation, planning initiatives, including policy considerations.
• Produce a comprehensive presentation, in coordination with the City, to be used in presentations and
reviews.
The outcome deliverables under this subtask will be as follows:
• Identify strategies for potential land use and zoning changes and open space. This will be depicted as
site plans and sketches and may include images from the case studies prepared by the economic
consultant and street sections prepared by the transportation consultant;
• Articulate urban design strategies and landscape architecture features to frame the urban integration of
land use, zoning and open space/streetscape design and utilization of the corridors within the district;
• Clarify major policy considerations, as applicable, in coordination with the City;
• Comprehensive Power Point presentation summarizing the recommended strategies. The presentation
will include:
✓ Relevant graphics, diagrams, plans, and sketches (2D &3D)
✓ Consultant team analysis summary and technical input
✓ Summary of established guiding principles, urban design strategies and program alternatives.
✓ Summary/bulleted narrative of key elements and strategies.
SubTask 3.5: Final Public Presentation
Zyscovich will lead a final public presentation of Framework Plan Recommendations. This will be a unified,
coordinated presentation of Consultant Team findings and recommendations in a Final Plan Report: The Urban
Design and Economic Mobility Framework Plan and strategic Action Plan for guiding project development based
on land use, economic,transportation and city policy recommendations,funding and implementation.
SubTask 3.6: Commission Meeting
Attend (1) one City Commission Meeting to present findings and Framework Plan Recommendations.
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SubTask 3.7: Framework Plan with Action Plan
The Urban and Economic Development Framework Plan is intended to identify issues and opportunities and
provide land use,mobility,and economic development recommendations for the overall MXE District and specific
to each of the three major corridors: Ocean Drive,Washington Avenue and Collins Avenue.
The resulting plan will be an actionable plan and the recommendations from the study, as adopted by the City
Commission, will form the basis for more detailed concept and design plans for Washington Avenue, Collins
Avenue and Ocean Drive.
The Zyscovich Team will prepare Final Draft District-wide Framework Plan with Action Plan outlining specific
strategies and a list of recommendations for targeted district areas as they relate to general overall scale, height,
density and use as well as general guideline recommendations as they relate to the built environment and its
impact on streetscapes, mobility and the public realm.
The developed listing of recommended projects and examples of how the guiding principles can be met in specific
target areas will include both public and private development opportunities to reflect a comprehensive approach
for the District's redevelopment. Components of the project recommendations will include:
Economic Development Recommendations
• Ocean Drive Zone,specifically.
• Collins Avenue Zone, specifically.
• Washington Avenue Zone, specifically.
• District-wide recommendations with a holistic perspective.
Land Use Recommendations (to incorporate Transportation and Mobility Recommendations)
• Ocean Drive Zone,specifically.
• Collins Avenue Zone, specifically.
• Washington Avenue Zone, specifically.
• District-wide recommendations with a holistic perspective.
Recommendations will be presented with:
• Project description
• Implementation strategies
• Sketches
• Prioritization: near and long term, and/or high,medium, low.
A comprehensive Power Point presentation will summarize the Strategies and Projects Prioritization/Development.
The presentation will include:
• Relevant graphics, diagrams, plans, and sketches (2D &3D)
• Summary of the development program and strategies
• Summary/bulleted narrative of key elements.
• The presentation will be printed and bound to serve as a Summary Document
Zyscovich Architects I Revised Proposal August 31,2020 Page 9 of 10
DocuSign Envelope ID:9C62753D-ODB9-4FE3-904B-138FBA5DE2E0
[Miami Beach I LAND USE,MOBILITY&ECONOMIC DEVELOPMENT STUDY FOR MXE DISTRICT
iZYSCOVICH TEAM-Basic Services Fees
TASK SUB DESCRIPTION TASK ESTIMATED TIMEFRAME
TASK AND FEES
iu1111nalysis `IMI
1 OCEAN DRIVE FOCUS-CURRENT CONDITIONS ANALYSIS AND INPUT FROM STAKEHOLDERS
11 Stakeholder and Community Virtual Meetings Month 9/10-2020
1.2 Select and design the Preferred Pilot Project plan for implementation and monitoring Month 10/11/12-2020
1.3 Review existing MXE district to determine i1 changes should be proposed during Pilot Project (Month 10/11/12-2020
1.4 Review of impact to street ends and Collins Avenue Motnh 1/2/3-2021
1.5 Presentation outlining process taken and final recommendations I Month 12-2020
� 1
Deliverables-
{ Summary presentation materials of review findings.
TASK 1-Subtotal Fees= $ 126,500.00
s r [ ArtandtlEntertamrnent r[ in Analysts J�
2A OVERALL DISTRICT -EXISTING CONDITIONS AND MOBILITY REVIEW
Eam Meeting with City with Department leads and staff for Washington and Collins Month 9/10-2020
i 2A.2 Review of Previous and Ongoing Land Use Planning,Economic and Transportation Studies Month 10-2020
I 2A 3 Mobility Review including assumptions of Future Travel Patterns and Multimodal Needs'impact on Land Use Month 11-2020
Include observations and comments from Pilot Projects
Deliverables-
Summary presentation materials of review findings.
_TASK 2A-Subtotal Fees= $ 49,000.00
2B ASSESSMENT OF CURRENT LAND USE,ZONING AND ECONOMICS OF INTEGRATED ENTERTAINMENT DISTRICT
2B.1 Economics Overview and explore new opportunities Month 1/2/3/4-2021
2B.2 Review Land Use&Zoning regulations and explore enhancements Month 1/2/3/4-2021
2B.3 Concept for Lummus Park Improvements that enhance Ocean Drive Month 3/4-2021
Deliverables-
Summary of Surveys+Findings Report and sketches
TASK 2B-Subtotal Fees= 1 $ 116,000.00
3 URBAN&ECONOMIC DEVELOPMENT FRAMEWORK PLAN with ACTION PLAN FOR IMPLEMENTATION
3.1 Review and comment on performance of PILOT PROJECTS A Month 5/6-2021
3.2 Visioning Workshop for the entire MXE district Month 5-2021
3.3 Public Workshops The Consultant shall conduct two(2) Workshops to obtain public and stakeholder input. Month 6/7-2021
Include observations from pilot projects
Workshop 1-District Characteristics,Urban Design and Placemaking
Workshop 2-Transportation,Land Use and Zoning
3.4 Guiding Principles and Urban Design Strategies with Priorities and Action Plan Month 8/9-2021
Develop guiding principles,urban design strategies and action plan incl project prioritization for the district
and specific to Washington Ave,Collins Ave and Ocean Drive to include the following:
Land Use and Mobility Recommendations
Economic Development Strategies
Urban Design Strategies&Landscape Architecture Elements
3.5 Final Public Presentation Month 9-2021
Presentation Framework Plan Recommendations
3.6 Commission Meetings Month 10-2021
Attend one(1)City Commission Meeting presentation of findings Ii
3.7 Framework Plan with Action Plan I Month 11-2021
Prepare Final Draft District-wide Framework Plan with Action Plan
Deliverables-
Workshop Presentation+Workshop Summary Report for each Workshop to include a condensed overview
of all input and outcomes.Final Plan Report containing the District-wide Urban and Economic Development
Framework Plan with Action Plan indicating prioritization of projects for near and long term implementation.
TASK 3-Subtotal Fees= $ 260,500.00
• :TOTAL BASIC SERVICES FEES= ;$ 552,000.00
;NOTES:
(1).Baseline Surveys under Task 2B.1 totaling$60,000 are NOT included in Total Fees.Each survey is estimated to be$30,000.Surveys to be conducted must be
;City-approved.The work is to be developed under the direction of Lambert Advisory.
!Additional Services/Reimbursable Expenses:
(a)The Study of TDR Options and Analysis of Competitive advantage/disadvantages of the Study Area are Additional Services to be discussed with City.
r(b).Presentation quality physical models,3D computer models,renderings,or animations and Conceptual presentation quality renderings are not included in the Basic
'Services Fees. — -- — — — --�
(c).Cost estimating services are not included in the Basic Services Fees.
Zyscovich Architects I Revised Proposal August 31,2020 Page 10 of 10