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