Hay Insight Group Agreement
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND HAY INSIGHT, A DIVISION OF THE HAY GROUP.
This Professional Services Agreement ("Agreement") is entered into this \ ~ "1'1 day of
o C f1J f) e R.. , 2004, between the City of Miami Beach, Florida, a municipal
corporation organized and existing under the laws of the State of Florida ("City"), having
its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, and
HAY INSIGHT, a division of the Hay Group (Consultant), whose address is Harborside
Financial Center, 2300 Plaza Five, Suite 2310, Jersey City, New Jersey 07311-4013.
SECTION 1
DEFINITIONS
Agreement:
This Agreement between the City and Consultant.
City Manager:
The Chief Administrative Officer of the City.
Consultant:
For the purposes of this Agreement, Consultant shall be deemed to
be an independent contractor, and not an agent or employee of the
City.
Services:
All services, work and actions by the Consultant performed
pursuant to or undertaken under this Agreement, as described in
Section 2.
Fee:
Amount paid to the Consultant to cover the costs of the Services as
more specifically described in Section 3.
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 SERVICES
The Scope of Services ("Services") of this Agreement shall be generally for the
Consultant to provide the City with services based on Request for proposals No. 32-
03/04 for Conducting a Citizen / Public Opinion Survey (RFP) and the proposal
submitted by Consultant in response thereto, dated October 18, 2004 (collectively
referred to as the Proposal Documents). In the event of a conflict between the proposal
Documents and this Agreement, the following order shall prevail: this Agreement; RFP
No. 32-03/04; and the proposal in response thereto by Consultant, dated October 18,
2004.
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The Consultant shall achieve the following goals and provide the following services for
the City through its citizen/public opinion survey:
-+ Design a survey process that determines the current level of satisfaction with the
City, the services it provides to its constituents, and identifies key strengths and
opportunities for improvement
-+ Determine whether the priorities identified in the 5-year vision/strategy plan are
indeed the 'right' ones based on feedback from constituents (including
implications/recommendations to the vision/strategic plan)
-+ Ensure that the survey reaches the City's ethnically diverse citizenry and obtains a
representative survey sample
-+ Design a sampling plan that will produce survey results with a 95% level of
confidence (with a +/-5% margin of error), using the most efficient survey
administration methodology (-ies) to generate the highest response rate in the most
cost-effective manner
-+ Use normative data to compare the City's survey results with data from comparable
jurisdictions/organizations for benchmarking purposes, in order to, identify, quantify,
and prioritize gaps, if any, between the City's survey responses and responses from
benchmark jurisdictions
-+ Provide recommendations for improving satisfaction and quality of life
-+ Create a baseline that can be used to track the City's progress over time in
improving satisfaction and quality of life
The ultimate goal of the citizen/public opinion survey process is to positively impact
constituent satisfaction, willingness to stay, and willingness to recommend the City as a
place to live, visit, and do business.
Summary of the Contractor Project Team
The following matrix summarizes the relevant experience and expertise of the
Contractor project team.
Rosario Porpora 8 x x x x x x x
Michele Goldberg 10 x x x x x x x
Stacey Namm 5 x x x x x
Jodi Simco 10 x x x x x x
x
Dawn Sherman 15 x x x x x x x
Changes in project team members shall require prior written approval by the City.
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Steps in the Process
Step 1. Project Planning
Prior to implementing any specific steps in the survey process, the Consultant shall
meet with the City survey team members to discuss the project plan and collect
information necessary for conducting the citizen/public opinion survey. This initial
meeting would likely include a discussion of the following:
-+ Objectives and desired results of the survey
-+ Constituents to be included in the study (besides residents and members of the
business and civic community)
-+ Types of questions to include in the survey
-+ Timelines for survey development, administration, data analysis and reporting (such
timelines to be substantially in conformance to the timelines set forth in the
anticipated Project Timeline on page 13 of this Ageement).
-+ Survey positioning and communications about the survey plan
-+ Potential issues related to survey sampling and administration (such as how to reach
the diverse City population)
-+ Plans for data analyses (e.g., types of demographic comparisons)
-+ Roles/responsibilities of the City survey team members and Consultant project team
members
Based on this session, and on-going discussions with the project team, Consultant shall
customize each of the subsequent steps of the survey process to best meet the City's
requirements. Based on these discussions, Consultant shall develop a detailed project
plan that outlines roles and responsibilities for each step (by Consultant and the City),
as well as detailed timelines for completion, such timelines to be consistent with and
substantially in conformance for anticipated Project Timeline on page 13 of this
Agreement. This planning will take place and be completed within seven (7) business
days following execution of this Agreement by the parties hereto. Consultant shall also
conduct a briefing with the Administration (City Manager and Executive Staff) and focus
group at dates to be determined.
Deliverable: Consultant shall provide to the City, a project work plan with agreed upon
delivery dates (clear timeline) within five (5) business days after receipt of Notice To
Proceed from the City Manager or designee.
Step 2. Pre-Survey Communications
Before distributing the surveys, it is important to inform the public about the impending
survey effort. Residents, businesses and civic organizations should be informed that
being surveyed by the City of Miami Beach is key to maintaining -- and improving -- the
quality of services provided by the City, as well as quality of life. The City Web site,
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newsletters, cable channel, media, and town meetings are possible mechanisms for
informing the public about why the survey is being conducted, the plan and timing for
deployment, and how it will affect them. Consultant shall work with the City to determine
the best methods for communicating information about the survey to its constituents.
Deliverable: Consultant shall provide to the City recommendations and implementation
of a communications strategy, along with draft communiques to the various constituents
included in the study within five (5) business days after receipt of Notice to Proceed
from the City Manager or designee.
Step 3. Sampling Plan
Consultant shall work with the City to design a sampling plan that will result in a
sufficient number of responses to ensure statistically reliable and valid conclusions at
the 95% confidence level (with a +/-5% margin of error). The total number of citizens,
members of the business community and members of civic organizations to be sampled
depends upon the response rate, and the number of subgroups (e.g., race/ethnic
groups, regions/districts within the City, type of business/organization, etc.) as defined
below.
Consultant shall work with the City to determine the best database to use for selecting
the sample of households for citizens and lists for businesses/civic organizations.
Consultant shall not solely rely on a database of phone numbers (e.g., phone book) for
selecting a sample because a large number of households may not have a phone, have
unlisted numbers or, in this age of cellular phones, may no longer have landline
telephone service. Consultant shall also develop a sampling plan to address issues
related to year-round versus seasonal residents.
Deliverable: Consultant shall provide within timeframes defined in anticipated Project
Timeline on page 13 of this Agreement, a sampling plan that will provide a 95%
confidence interval with an error rate of +/-5%. For the citizen survey, Consultant
anticipates a sample of about 4,000 - 5,000 citizens in order to receive approximately
1,000 completed responses. This response rate shall provide 95% confidence at +/-4%
for the overall City level and approximately +/-7% for each of the five geographical
segments (North, Middle and South Beach, South Pointe and Condo Canyon).
Consultant shall conduct additional samples as necessary to achieve the required
confidence levels.
For the business survey, Consultant assumes about 3,000 - 3,500 businesses in the
City of Miami Beach. Consultant anticipates a sample of about 1,500 businesses in
order to receive approximately 500 completed responses. This response rate shall
provide 95% confidence at +/-4% for the overall City level and approximately +/-6% for
the two major regions (North/Mid and South). ReliabilityNalidity at the business type
level (i.e. professional, hotels, etc.) will be lower (range would be somewhere between
+/-7 to 10%). Consultant shall conduct additional samples as necessary to achieve the
required confidence levels.
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Step 4. Survey Development
Consultant shall work with the City to construct custom-designed survey instruments
tailored to the specific constituents and needs of the City. However, this survey shall be
standardized enough to allow for normative comparisons to other local governments
that have used similar questions to assess levels of citizen satisfaction.
The recommended steps for designing a draft citizen satisfaction survey are as follows:
-+ Review the City's mission, vision, strategic goals and objectives, and customer
service standards in order to include questions in the survey that are consistent with
the vision and strategic direction of the City, and to gain an understanding of the
City's constituent base.
-+ Review documents describing City services and programs to provide insight into
survey questions.
-+ Conduct interviews with subject matter experts at the City to identify the types of
issues that should be included in the survey. Subject matter experts may include,
but are not limited to: department heads, elected officials, and advisory volunteers.
We recommend conducting 8 to 10 interviews. Interview questions will focus on
what types of questions/topics stakeholders think should be included in the survey,
what they consider to be key elements of constituent satisfaction and quality of life,
and how they would like to use the data from the survey. In addition, these
interviews will serve to reinforce the survey objectives, methodology, and expected
end results to City management and other stakeholders, as well as gain their support
for the survey effort.
-+ Conduct focus groups with City constituents. Focus groups with citizens shall be
used to determine the types of questions, response options, and administration
methodology preferences for the survey and process. Contractor shall design a
standardized focus group protocol, facilitate the focus group sessions (in English and
Spanish), and summarize focus group information. The focus groups will help
identify the City's unique service issues and the dimensions by which the public view
services, the City's vision and their overall satisfaction. Each session generally
includes 10 to 12 participants from diverse backgrounds. Sessions last
approximately two hours and shall be facilitated by one group facilitator and one note
taker.
Consultant shall conduct focus group sessions with members from a representative
sample of businesses and civic organizations, as their needs and view of the City's
vision and services will undoubtedly be diverse from the views of citizens. The
number of focus groups to conduct will vary depending on the segmentation required
(sampling discussed earlier), accuracy of lists, and ease of scheduling participants.
Consultant shall work closely with the City project team to identify businesses and
organizations for focus group selection and participation.
Consultant shall perform focus groups with City employees who have high contact
with City citizens, businesses and civic organizations to provide deeper insight into
the perceived strengths and obstacles they face in dealing with the City's various
constituency groups and further guide the development of the survey instruments.
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-+ Review relevant customer/citizen satisfaction and marketing literature (e.g.,
dimensions of public satisfaction; questions from other surveys, etc.) as input into
the design of the survey.
-+ Review the National Research Center's Customer Survey Database so that the City
can compare its results to a nationwide local government normative database.
Consultant shall include questions from the database to allow for benchmarking
comparisons.
-+ Draft survey questionnaires. Based on the information collected from interviews, the
City and its staff, normative benchmarks and our own experience, Consultant shall
design a survey instruments for each of the three constituent groups (residents,
businesses and civic organizations). Each questionnaire shall be similar enough to
one another that comparisons across constituency groups is available, but also shall
contain unique questions that address the specific issues and concerns of each
group.
Each questionnaire version shall include a survey welcome page/cover letter,
instructions on how to complete and return the questionnaire to Consultant, the
actual survey questions, and response options.
-+ Translation. Consultant shall translate the survey into Spanish and then ask our
clients to verify the translation for accuracy and completeness. Our experience has
shown that this verification steps is a critical part in the survey development process.
-+ Conduct pre-test. Consultant shall pre-test the survey using a diverse sample of the
City's citizens. Consultant shall conduct several pre-test sessions, with 12 to 15
participants per session. Pre-test participants will be asked to complete the survey
and provide suggestions about the clarity of the survey's instructions, questions, and
response options. Additionally, participants will provide input about whether the
survey questions are relevant to the City's constituents, and whether there are
important issues that are not included in the survey. The City will receive a summary
of the pre-test results and Consultant will revise the draft survey based on feedback
from the survey reviews and pre-test.
-+ Obtain approval of survey. Consultant shall provide a copy of the draft surveys to
the Executive Staff for review at two points in time: 1) prior to conducting the pre-
test; and 2) after pre-test changes are made. Consultant shall then revise the
surveys based on feedback from these reviews, and submit it to the City for final
approval.
The anticipated number of multiple-choice questions that the final version of the survey
instruments is 30 to 45. The number of questions may vary, however, depending on
what is learned during the survey development process. The majority of questions will
ask citizens to indicate their level of satisfaction with various City services, departments,
and aspects of quality of life. The survey will likely include a set of background
questions (e.g., race/ethnic background, income level, type of businesses) to allow for
comparisons between the responses of different subgroups, and to ensure that survey
respondents are representative of City citizens, businesses and civic organizations.
The City shall have the option of including one or two open-ended (write-in) questions
into the survey. This would allow respondents the opportunity to provide suggestions/
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comments about any issues not specifically asked in the survey, or to expand upon
survey questions or issues.
The following are examples of the types of questions that may be included in the City's
citizen/public opinion survey questionnaires:
-+ Overall rating of the City of Miami Beach as a place to live, work, do business and
play
-+ Understanding and alignment with the City's vision and strategic plan
-+ Ratings of the City's services (e.g., public health, zoning, development, provisions of
safety, etc.)
-+ Ratings of City employees who provide such services (e.g., knowledge of City
services, courtesy, professionalism)
-+ Satisfaction with City leadership
-+ Ratings of City government (e.g., hours of operation, convenient ways to use City
services)
-+ Overall rating of "quality of life" in the City
-+ Ratings of different aspects of quality of life (e.g., transportation, job and business
opportunities, cost of living, tourism, shopping and entertainment opportunities)
-+ Doing business with the City
Deliverables
Consultant shall provide within timeframes defined in work plan the following:
-+ Focus groups/interviews with City constituents and employees
o One focus group with Executive staff and one-on-one interviews with
Commissioners/elected officials (in-person/via phone as needed) on dates
to be determined.
o One citizen focus group in each of the three regions, one citizen focus
group in Spanish, one homeowner focus group, one City employee focus
group, two business/civic organization focus groups and interviews with
developers.
-+ Summary of focus group discussions.
-+ Final survey instruments for each constituency group in English and the citizens and
business surveys in Spanish as well.
Step 5. Survey Administration
Consultant's survey administration has the capability to use several methods for
deploying questionnaires to constituents, including paper-and-pencil, outbound and
inbound telephone, fax back, e-mail, and Internet.
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...
Recommended Administration Approach
A mixed approach of telephone and mail shall be utilized as this provides the best
possibility to obtain good participation and allow for controlling the sample (quotas).
Maximizing response rates
Consultant shall work with the City to ensure that response rates are maximized. A high
response rate will ensure that the data are valid and representative of citizens/the
public. Potential strategies for increasing response rates include:
-+ Providing up-front publicity about the survey (maximizing pre-survey
communications)
-+ Minimizing the length of the survey
-+ Describing the benefits of the survey for citizens and the City
-+ Providing flexibility in the manner and time in which citizens choose to respond
-+ Sending a postcard to citizens after the initial mail-out reminding them to complete
the survey
-+ Providing regular response updates to City staff for follow-up
Customer Incentives
Incentives are frequently used to increase participation of customers in surveys such as
this. The type of incentive used varies depending upon the constituency. It is generally
not a large amount, but must be valued by the respondents. Consultant shall use the
focus group phase to test the efficacy of different incentive possibilities.
Deliverables
Consultant shall provide within timeframes substantially in conformance with the
antiicpated Project Timeline on page 13 the following:
-+ Strategy for engaging the City's diverse population in the survey process and
implementation of agreed upon modalities to be used in the data collection process.
-+ For the citizen survey, the majority of the surveys shall be administered by telephone
with a small number administered by mail in order to capture those citizens without
land line phone service and control for response bias.
-+ For the business survey, a telephone administration shall be utilized - lists to come
from the City and Hay.
-+ For civic organizations, telephone survey administration given to the small number of
organizations (about 20 - 30).
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Step 6. Data Processing, Survey Analysis and Reporting
Consultant shall process all survey data, analyze the results, and provide
recommendations to improve citizen/public satisfaction.
Data processing. Upon receipt of the completed surveys, Consultant shall handle all
data entry, programming, and processing of data. Consultant shall use a number of
methods to ensure the integrity and accuracy of the data and reports (e.g., running
various checks for duplicate data records and invalid responses, verifying data through
two separate processing tools, etc.). Responses shall also be weighted/adjusted to
reflect the actual distribution of City constituents. The City shall receive the "raw data" in
an MS Excel document or in a format the City desires.
Survey analysis. Consultant shall generate user-friendly feedback reports of the survey
results. Consultant shall solicit the City's input into the types of data analyses that will
provide the most useful information. Data analyses may consist of the following:
-+ Analysis of the characteristics of citizens, businesses and civic organizations who
responded to the survey
-+ Frequency distributions for each survey question -- the percentage of respondents
who selected each response option. For example, results will show the percentage
of responses who reported their satisfaction level as: 1) "very satisfied" or "satisfied;"
2) "neither satisfied nor dissatisfied;" and 3) "very dissatisfied" or "dissatisfied"
-+ Mean, median, mode and standard deviation for each question
-+ Trend - Comparisons of survey results to previous City surveys, if applicable
-+ Normative comparisons of the City's data to other jurisdictions/organizations for
benchmarking purposes
-+ Comparison of results among different subgroups (cross-tabulations for
demographic groups). Contractor shall also perform cross-tabulations to compare
survey responses among different groups of constituents. Contractor shall solicit
input from the City into the types of comparisons that will provide the most useful
data. Examples of possible comparisons include:
~ Region or district within the City
~ Home owners versus renters
~ Race/ethnic background
~ Household income
~ Length of time living in the City
~ Year-round versus seasonal residents
~ Type of businesses and civic organization
~ Amount of contact with the City
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Summary of Analytical Tools Used
Type of Analysis To Discover:
Factor Analysis Questionnaire structure
Correlation Analysis Singular relationships amonQ measurements
Multiple Regression Analysis Weighted/partialled relationships among
variables
Interaction (whether relationships between
Segmentation Modeling variables differ depending on a condition of a
third variable)
Structured Equation Modeling Shared weighted relationships across all
(L1SREL) domain measurements
Electronic reports. Consultant shall provide survey feedback reports in a paper format,
a .pdf format, and an electronic, Microsoft-Excel-based format (see Appendix D for
sample report pages and the attached CD for a sample report in its entirety).
Responses to open-ended questions. Consultant shall perform a high-level content
analysis of responses to any open-ended questions included in the questionnaires.
These analyses identify the major themes from the verbatim comments.
Additionally, Consultant shall perform regression analyses to identify the key drivers of
citizen satisfaction with City products/services, or perceptions of quality of life. For
example, a regression analysis can identify which aspects of City living (e.g., safety,
cultural and social opportunities) have the biggest impact on perceptions of the City as a
place to live.
Deliverables
Consultant shall provide within timeframes defined in work plan the following:
+ Recommended data analysis methodology and implementation of methodology.
+ User-friendly feedback reports - one report that includes survey results across all
three surveys, one report for each survey, and up to five additional reports by region
for the citizen survey and up to two additional reports by region for the business
survey.
+ Electronic copy of the final data file in MS Excel format.
Step 7. Presentation of Results to Management
Consultant shall prepare an executive briefing/presentation on the key survey findings,
to be delivered to City management and staff. The executive briefing will include:
+ Description of survey methodology
+ Response rates and demographics of survey respondents
+ Summary of survey results
+ Key strengths and opportunities for improvement for the City overall
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-+ Important differences in survey findings by key demographic groups
-+ Comparison of survey results to normative benchmarks
-+ Themes identified through the analysis of responses to the open-ended question
-+ Overall conclusions about the extent to which citizens, and eventually businesses
and civic organizations, understand the City's vision, strategy, as well as, satisfaction
with City services and quality of life
-+ Next steps for action planning, communications and survey feedback
Following the presentation of the key survey findings, Consultant shall facilitate a group
discussion for the purpose of issue prioritization and future action planning to address
citizens' most critical issues. It should be noted that Consultant shall isolate a limited
number of issues for action, focusing on a few key opportunities for improvement to
yield more tangible results than a shallow response to a "laundry list" of problems. In
addition, focusing on a few key issues will increase the likelihood of success of the
survey effort.
Deliverable: Consultant shall provide within timeframes defined in work plan electronic
copies of PowerPoint Presentation and in-person delivery to City Management and
Staff.
Step 8. Post-Survey Communications
Communications can take many forms (e.g., memo, newsletter, meetings, video, on-
line, etc.) and should be tailored to specific audiences. Consultant shall assist the City
in the development of formal communications for sharing of the overall company results
with the public and City employees as well as provide useful sample materials.
Deliverable: Consultant shall provide within timeframes defined in work plan draft post-
survey communiques, advice on content and strategy for distribution.
Step 9. (Optional: Follow-On Focus Groups)
Consultant shall conduct follow-on focus group interviews with citizens and/or
businesses, at the City's request, to probe deeper on specific issues identified in the
survey results. Consultant shall prepare a protocol and recommended methodology for
selecting participants.
Deliverable: Consultant shall conduct and summary of focus group interviews.
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Summary of Deliverables
The specific deliverables for the City of Miami Beach's citizen/public opinion survey
process are:
-+ A sustainable survey process that is not only technically sound, but also substantially
contributes to the achievement of continuous improvement
-+ A measurement process that provides the City with the ability to:
o Assess customer satisfaction over time on a regular basis
o Assess itself in relation to other comparable counties
o Determine what actions are required to implement its vision and strategic
plan
-+ A project work program and timeline (attached)
-+ Briefing/focus group with Executive Staff and one-on-one interviews with
Commissioners and elected officials
-+ Focus group sessions/interviews with citizens (5), members of businesses and civic
organizations (2), and City employees (1).
-+ Customer survey instruments for citizens, businesses and civic organizations in
English and for citizens and businesses in Spanish as well.
-+ A sample plan and methodology for determining appropriate population, size, and
selection
-+ Pre-survey communications strategy and draft communiques
-+ Data collection methodology; advice on the most appropriate survey delivery
mechanisms and the execution of the selected method(s)
-+ Summary of focus group findings
-+ An analysis of the survey results to provide the City with a clear understanding of
what is important to the citizens/public (views of services and the drivers of overall
satisfaction) and the City's perceived ability to deliver on those things that are
important
-+ A presentation of the results of this analysis in an interactive session with City
management - this discussion is designed to engage management in a meaningful
dialogue about the implications of the data for action
-+ Final results reports on the survey data
-+ Guidance for City staff on the utilization of the results
-+ A plan to feedback the results to City employees and constituents, including a
communication plan and methods of delivery
-+ Raw data file in MS Excel format (or whichever format the City desires)
-+ Conduct and summary of follow-on focus groups (if desired)
12
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2.2 CANCELLATION OF ASSIGNMENT
The City reserves the right, at its sole option and discretion, to cancel all or a
portion of any Consultant assignments, as set forth in Subsection 2.1 of this
Agreement, or as may otherwise be assigned by City to Consultant. All
assignment cancellations by the City must be received by the Consultant no
later than two (2) business days or 48 hours, whichever is longer, before the
assignment is to commence. Cancellations not received prior to this time, will
be billed for the total reserved block of time. The City can provide a
cancellation notification to Consultant by calling Phone: 1.201.377.5842 and
providing a written cancellation via fax to 1.201.377.5811 or e-mail at
Rosario_Porpora@Contractorgroup. Consultant will provide confirmation of
cancellation.
2.3 DURATION AND EXTENT OF AGREEMENT
The term of this Agreement shall commence upon execution of this Agreement
by all parties hereto, and shall terminate twelve months from the date set forth
on page 1 hereto (the commencement date of the Agreement), unless
terminated as otherwise provided in this Agreement in Section 4 on page 17.
2.4 AUDIT AND INSPECTIONS
At any time during normal business hours and as often as the City may deem
necessary, there shall be made available to the City and/or such
representatives as the City may deem to act on its behalf, to audit, examine
and make audits of all contracts, invoices, materials, payrolls, records of
personnel, conditions of employment and other data relating to all matters
covered by this Agreement. Consultant shall maintain any and all records
necessary to document compliance with the provisions of this Agreement.
2.5 ACCESS TO RECORDS
Consultant agrees to allow access during normal business hours to all
financial records to the City and/or such authorized representatives as it may
deem to act on its behalf, and agrees to provide such assistance as may be
necessary to facilitate financial audit by the City or its representatives when
deemed necessary to insure compliance with applicable accounting and
financial standards. Consultant shall allow access during normal business
hours to all other records, forms, files, and documents which have been
generated in performance of this Agreement, to those personnel as may be
designated by the City.
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2.6 ASSIGNMENT. TRANSFER OR SUBCONSUL TING
The Consultant shall not sub-consult, assign, or transfer any work under this
Agreement without the prior written consent of the City. Neither this
Agreement nor any term nor provision hereof or right hereunder shall be
assignable by any parties and any attempt to make such assignment shall be
void.
2.7 SUB-CONTRACTORS
The Consultant shall be liable for the Consultant's services, responsibilities
and liabilities under this Agreement and the services, responsibilities and
liabilities of sub-contractors, and any other person or entity acting under the
direction or controls of the Consultant. When the term "Consultant" is used in
this Agreement, it shall be deemed to include any sub-Consultants and any
other person or entity acting under the direction or control of Contractor. All
sub-consultant must be approved of in writing prior to their engagement by
Consultant.
SECTION 3
COMPENSATION FOR SERVICES
3.1 COST OF SERVICES
The cost charged by Consultant for the Services satisfactorily provided
pursuant to this Agreement shall be as shown below:
Pricing
Step Fees & Expenses
Planning meetings/project management $1,500
Pre-survey communications No charge
Conduct focus groups* $7,500
Survey development $8,000
Total Research $17,000
Resident Survey** $40,000
Business Survey** $17,675
Civic Organization Survey** $9,400
Total Fees and Expenses $84,075
Comments and Assumptions
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Planning and project management costs assume sessions to agree on
objectives/final timeline/deliverables; interviews with City staff; includes management
throughout the project
Consultant provides sample communications materials for each constituent
group/City employees; City drafts and sends out
Focus group costs based on the following assumptions:
-+ Citizen (one group for each geographical segment (3), one for homeowners and
one in Spanish)
-+ Businesses and Civic Organizations (2 groups and 2-3 phone interviews with
developers)
-+ City management and employees - 1 group
Consultant to obtain lists from City and other sources. Survey costs based on the
following assumptions:
-+ Citizen (one group for each geographical segment (3), one for homeowners and
one in Spanish)
-+ Businesses and Civic Organizations (2 groups and 2-3 phone interviews with
developers)
-+ City management and employees - 1 group
-+ 3 versions of survey (similar but unique; 30-45 questions with one or two open-
ended questions
Data capture, quality control, weighting, processing and report production (3 versions
of the report = one for each survey version; up to 3 reports for districts/regions within
the City)
Anticipated trips: executive staff meeting, focus groups/homeowner group (assumes
one trip), State of the City meeting and one in-person presentation
o Airfare - estimated at $3,000 (assumes arrangements made one week or
more prior to meeting)
o Other transportation (e.g., taxis) - estimated at $500
o Meals - estimated at $250
Additional Options
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-+ Additional Telephone surveys to increase response rate: $5,000
-+ Follow-on focus groups: $2,500/day (can conduct up to 3 groups a day, groups
not scheduled concurrently, each about 60 - 90 minutes in length, similar
invitation approach as the pre-survey communication strategy, focus groups
conducted at City facilities with refreshments provided)
3.2 INVOICING
Consultant shall submit an appropriate invoice ("Invoice") to the City within
thirty (30) days of the last day of each calendar month for Services provided
that calendar month. Such Invoice shall include a detailed description of the
Services provided, the percentage of work completed for each category of
work listed in Section 3.1 on page 15 of the Agreement, and the dates and
times when they were provided.
Consultant shall mail all Invoices to:
City of Miami Beach
1700 Convention Center Drive
City Manager's Office - 4th Floor
Miami Beach, Florida 33139
Attn: Kathie G. Brooks, OBPI Director
3.3 METHOD OF PAYMENT
Within thirty (30) days of the approval by the City of an appropriately filed
Invoice, the City shall provide Consultant with a check for payment of the
approved amount. Payments shall only be made for approved Invoices for
Services satisfactorily performed.
SECTION 4
TERMINATION. SUSPENSION AND SANCTIONS
4.1 TERMINATION FOR CAUSE
If the Consultant shall fail to fulfill in a timely manner, or otherwise violates any
of the covenants, agreements, or stipulations material to this Agreement, the
City shall thereupon have the right to terminate the Services then remaining to
be performed. Prior to exercising its option to terminate for cause, the City
shall notify the Consultant of its violation of the particular terms of this
Agreement and shall grant Consultant seven (7) days to cure such default. If
such default remains uncured after seven (7) days, the City, upon three (3)
days' notice to Consultant, may terminate this Agreement and the City shall be
17
fully discharged from any and all liabilities, duties and terms arising out of/or
by virtue of this Agreement.
Notwithstanding the above, the Consultant shall not be relieved of liability to
the City for damages sustained by the City by any breach of the Agreement by
the Consultant. The City, at its sole option and discretion, shall additionally be
entitled to bring any and all legal/equitable actions that it deems to be in its
best interest in order to enforce the City's right and remedies against the
defaulting party. The City shall be entitled to recover all costs of such actions,
including reasonable attorneys' fees. To the extent allowed by law, the
defaulting party waives its right to jury trial and its right to bring permissive
counter claims against the City in any such action.
4.2 TERMINATION FOR CONVENIENCE OF THE CITY
THE CITY MAY ALSO, FOR ITS CONVENIENCE AND WITHOUT CAUSE,
TERMINATE THE SERVICES THEN REMAINING TO BE PERFORMED AT
ANY TIME DURING THE TERM HEREOF BY GIVING WRITTEN NOTICE
TO CONSULTANT OF SUCH TERMINATION, WHICH SHALL BECOME
EFFECTIVE FIFTEEN (15) DAYS FOLLOWING RECEIPT BY THE
CONSULTANT OF THE WRITTEN TERMINATION NOTICE. IF THE
AGREEMENT IS TERMINATED BY THE CITY AS PROVIDED IN THIS
SUBSECTION, CONSULTANT SHALL BE PAID FOR ANY SERVICES
SATISFACTORILY PERFORMED, AS DETERMINED BY THE CITY, AT ITS
DISCRETION, UP TO THE DATE OF TERMINATION.
4.3 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 4.6.2.
4.4 SANCTIONS
In the event of the Consultant's noncompliance with the nondiscrimination
provisions of this Agreement, the City shall impose such sanctions as the
City or the State of Florida may determine to be appropriate, including but not
limited to, withholding of payments to the Consultant under the Agreement
until the Consultant complies and/or cancellation, termination or suspension
of the Services. In the event the City cancels or terminates the Services
pursuant to this Subsection the rights and obligations of the parties shall be
the same as provided in Section 4.6.2.
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SECTION 5
INDEMNIFICATION AND INSURANCE REQUIREMENTS
5.1 INDEMNIFICATION
Consultant agrees to indemnify and hold harmless the City of Miami Beach
and its officers, employees and agents, from and against any and all actions,
claims, liabilities, losses, and expenses, including, but not limited to, attorneys'
fees and costs, for personal, economic or bodily injury, wrongful death, loss of
or damage to property, at law or in equity, which may arise or be alleged to
have arisen from the negligent acts, errors, omissions or other wrongful
conduct of the Consultant, its employees, agents, sub-Consultant, or any other
person or entity acting under Consultant's control, in connection with the
Consultant performance of the Services pursuant to this Agreement; and to
that extent, the Consultant shall pay all such claims and losses and shall pay
all such costs and judgments which may issue from any lawsuit arising from
such claims and losses, and shall pay all costs and attorneys' fees expended
by the City in the defense of such claims and losses, including appeals. The
parties agree that one percent (1 %) of the total compensation to the
Consultant for performance of the Services under this Agreement is the
specific consideration from the City to the Consultant for the Consultant's
Indemnity Agreement.
The Consultant's obligation under this Subsection shall not include the
obligation to indemnify the City of Miami Beach and its officers, employees
and agents, from and against any actions or claims which arise or are alleged
to have arisen from negligent acts or omissions or other wrongful conduct of
the City and its officers, employees and agents. The parties each agree to
give the other party prompt notice of any claim coming to its knowledge that in
any way directly or indirectly affects the other party.
5.2 INSURANCE REQUIREMENTS
The Consultant shall not commence any work pursuant to this Agreement until
all insurance required under this Section has been obtained and such
insurance has been approved by the City's Risk Manager. The Consultant
shall maintain and carry in full force during the term of this Agreement the
following insurance:
1. Consultant General Liability in the amount of $1,000,000.
2. Consultant Professional Liability in the amount of $200,000.
3. Workers Compensation & Employers Liability as required pursuant to
Florida statute.
4. The insurance must be furnished by insurance companies authorized to do
business in the State of Florida and approved by the City's Risk Manager.
19
5. Original certificates of insurance for the above coverage must be submitted
to the City's Risk Manager for approval prior to any work commencing. These
certificates will be kept on file in the office of the Risk Manager, 3rd Floor, City
Hall.
6. The Consultant is solely responsible for obtaining and submitting all
insurance certificates for its sub-consultants.
All insurance policies must be issued by companies authorized to do business
under the laws of the State of Florida. The companies must be rated no less
than "B+" as to management and not less than "Class VI" as to strength by the
latest edition of Best's Insurance Guide, published by A.M. Best Company,
Oldwick, New Jersey, or its equivalent, subject to the approval of the City's
Risk Manager. Compliance with the foregoing requirements shall not relieve
the Consultant of the liabilities and obligations under this Section or under any
other portion of this Agreement, and the City shall have the right to obtain from
the Consultant specimen copies of the insurance policies in the event that
submitted certificates of insurance are inadequate to ascertain compliance
with required overage.
Endorsements
All of Consultant's certificates, above, shall contain endorsements providing
that written notice shall be given to the City at least thirty (30) days prior to
termination, cancellation or reduction in coverage in the policy.
Certificates
Unless directed by the City otherwise, the Consultant shall not commence any
services pursuant to this Agreement until the City has received and approved,
in writing, certificates of insurance showing that the requirements of this
Section (in its entirety) have been met and provided for.
SECTION 6
LITIGATION JURISDICTIONNENUElJURY TRIAL WAIVER
This Agreement shall be enforceable in Miami-Dade County, Florida, and if
legal action is necessary by either party with respect to the enforcement of any
or all of the terms or conditions herein, exclusive venue for the enforcement of
same shall lie in Miami-Dade County, Florida. By entering into this Agreement,
Contractor 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.
Contractor shall specifically bind its employees, sub-consultants, and agents
to the provisions of this Agreement. This Agreement shall be construed in
accordance with the laws of the State of Florida.
20
SECTION 7
LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can
place a limit on the City's liability for any cause of action, except for non-
payment of services provided by Consultant as a result of the City's request,
for money damages due to an alleged breach by the City of this Agreement, so
that its liability for any such breach never exceeds the sum of $1,000.
Consultant hereby expresses its willingness to enter into this Agreement with
Consultant's recovery from the City for any damage action for breach of
contract to be limited to a maximum amount of $1,000.
Accordingly, and notwithstanding any other term or condition of this
Agreement, Consultant hereby agrees that the City shall not be liable to the
Consultant for damages in an amount in excess of $1,000 for any action or
claim for breach of contract arising out of the performance or non-performance
of any obligations imposed upon the City by this Agreement, except for non-
payment of services provided by Consultant as a result of the City's request.
Nothing contained in this paragraph or elsewhere in this Agreement is in any
way intended to be a waiver of the limitation placed upon the City's liability as
set forth in Section 768.28, Florida Statutes.
SECTION 8
ATTORNEY'S FEES
In the event that any party to this Agreement should seek legal or
administrative recourse to enforce the terms of this Agreement, the breaching
party shall be obligated to pay the prevailing party the reasonable attorney's
fees and costs incurred by the prevailing party.
SECTION 9
GENERAL PROVISIONS
9.1 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.
9.2 EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of this Agreement, the Consultant shall
not discriminate against any employee or applicant for employment because
of race, color, religion, ancestry, sex, age, and national origin, place of birth,
marital status, sexual orientation or physical handicap. The Consultant shall
21
take affirmative action to ensure that applicants are employed and that
employees are treated during their employment without regard to their race,
color, religion, ancestry, sex, age, national origin, place of birth, marital
status, physical handicap, or sexual orientation. Such action shall include,
but not be limited to the following: employment, upgrading; demotion, or
termination; recruitment or recruitment advertising; layoff or termination; rates
of pay, or other forms of compensation; and selection for training, including
apprenticeship.
9.3 CONFLICT OF INTEREST
The Consultant herein agrees to adhere to and be governed by all applicable
Miami-Dade County Conflict of Interest Ordinances and Ethics provisions, as
set forth in the Miami-Dade County Code, and as may be amended from time
to time; and by the City of Miami Beach Charter and Code; both of which are
incorporated by reference herein as if fully set forth herein.
The Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirectly which should conflict in any manner
or degree with the performance of the Services. The Consultant further
covenants that in the performance of this Agreement, no person having any
such interest shall knowingly be employed by the Consultant. No member of
or delegate to the Congress of the United States shall be admitted to any
share or part of this Agreement or to any benefits arising there from.
SECTION 10
NOTICES
10.1 METHOD AND LOCATION OF DELIVERY OF NOTICE
All notices and communications in writing required or permitted hereunder,
except for those of cancellation of assignments which are governed by
subsection 2.2, may be delivered personally to the representatives of the
Consultant and the City listed below or may be mailed by U.S. Certified Mail,
return receipt requested, postage prepaid, or by a nationally recognized
overnight delivery service.
Until changed by notice in writing, all such notices and communications shall
be addressed as follows:
22
TO CONTRACTOR:
Hay Insight, A Division of Hay Group, Inc.
Attn: Rosario Porpora, Director of Contractor
Harborside Financial Center
2300 Plaza Five, Suite 2310
Jersey City, New Jersey 07311-4013.
TO CITY:
City of Miami Beach
City Manager's Office - 4th Floor
Attn: Kathie G. Brooks, OBPI Director
1700 Convention Center Drive
Miami Beach, Florida 33139
(305) 673-7010
Notice may also be provided to any other address designated by the party to
receive notice if such alternate address is provided via U.S. certified mail,
return receipt requested, hand delivered, or by overnight delivery. In the
event an alternate notice address is properly provided, notice shall be sent to
such alternate address in addition to any other address which notice would
otherwise be sent, unless other delivery instruction as specifically provided
for by the party entitled to notice.
Notice shall be deemed given on the day on which personally served, or the
day of receipt by either U.S. certified mail or overnight delivery.
SECTION 11
ENTIRE AGREEMENT. AMENDEMENT. SEVERABILITY
11.1 ENTIRETY OF AGREEMENT
The City and the County 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.
11.2 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written
consent of the parties. No modification, amendment, or alteration of the terms
23
or conditions contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith.
11.3 SEVERABILITY
If any term or provision of this Agreement is held invalid or unenforceable, the
remainder of this Agreement shall not be affected and every other term and
provision of this Agreement shall be valid and be enforced to the fullest extent
permitted by law.
11.4 COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which
shall be deemed to be an original, but all of which shall constitute one and the
same Agreement.
24
By:
~;r rAA~
Robert Parcher
City Clerk
IN WITNESS WHEREOF, the parties hereto have caused
appropriate officials, as of the date first entered above.
FOR CITY:
ATTEST:
STATE OF FLORIDA )
) SS
COUNTY OF MIAMI-~DE )
.'" . o~ t.qis 5!.. day of M ~ ../ ,2004, before me personally appeared,
..;,J4111'1 J)er(Vle.r-- ,as f-1a.y,'){ of the City of Miami Beach, who is
personally know to me 0, fJ,c,duted as identification and who dic:l1a:Ke"'
an oath and deposes and says, that tAe17he/sl1e""executed the above instrument and ~/he/$/;!e'
acknowledged to me that ~/he/sRe'executed the same.
OFFICIAL NafARY SEA
LILLIAN BEAUCHAM
NafARY PUBLIC srATE OF FLORIDA
MY COMMISSION EXPIRE: COMMISSION NO. DD109289
MY COMMISSION EXP. APR. 29,2006
FOR CONSULTANT:
HAY INSIGHT. A DIVISION OF THE HAY GROUP
ATTEST~~
By:
/ Signatur
KOSa,..,o fb,po/n / ~/W
Print NamefTitle
By:
c;q
::1e.('+ee.~. ~ClLS; G'e/Aef<<{ I Ccvt..reJ ""J ]JUl.. la,
rint NamefTitle
Corporate Seal
PH) fl/SYLVAfJJfI
STATE OF rL9RIBA
Pfflt../HXLPf/t/j ) SS
COUNTY OF MIAMI BABE )
-/."' fly-on th)J 3 f(() day of No vefY/ eY , 2004, before me personally appeared,
J e '" C1 ' 7JtfVGt1 S ,as en' oV( 5e "I- ec' ,who is Rersonally know to me or
produced ~- as ident cation and wh~,~t~Jid not take an oath
an~~oses and says, tha~he executed the above instrument a~she acknowled ed to me
th~she executed the same with lawful authority to d~ d& /
~ PUBLIC
MY COMMISSION EXPIRES: ;;b. ,2 ~ /J..IJtJ 0
APPROVED AS 1'0
FORM~OOKS\HaySurveyAgreementFinal.doc
JJf{ ~ON
\\..S--<>'1
City~
Notarial Seal
Margaret M. Daly, Notary Public
City of Philadelphia, Philadelphia County
My Commission Expires Feb. 28. 2006
Member, Pennsylvania ASSOCiation 01 Notaries
25
Date