2001-24239 RESO
RESOLUTION NO. 2001-24239
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
THE CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH BRIDGE HOUSE 1 COMMUNIKATZ JOINT
VENTURE, AS THE SUCCESSFUL PROPOSER PURSUANT TO RFQ NO.
121.99/00, FOR THE PERFORMANCE OF COMMUNITY INVOL VEMENTI
LIAISON CONSULTANT SERVICES FOR THE COLLINS AVENUE
RECONSTRUCTION PROJECT, FROM LINCOLN ROAD TO 26TH
STREET; SAID AGREEMENT, IN THE AMOUNT OF $300,000, TO BE
FUNDED BY A JOINT PARTICIPATION AGREEMENT (JPA) BETWEEN
THE CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT); AND FURTHER PROVIDING THAT $45,000 OF THE
AGREEMENT'S TOTAL PRICE BE SET ASIDE FOR CONTINGENCIES,
WITH EACH INSTANCE REQUIRING PRE-APPROVAL BY BOTH THE
CITY AND FDOT PROJECT MANAGERS.
WHEREAS, pursuant to Request for Qualifications No. 121-99/00, Resolution No. 2000-
24224, authorized the Administration to enter into negotiations with Bridge House/Communikatz
Joint Venture (Consultant), as the top-rated proposer, for the performance of Community
InformationlInvolvement/Liaison Consultant Services (the Services) for the Collins Avenue
Reconstruction Project, from Lincoln Road to 26th Street (the Project); and
WHEREAS, a well planned, coordinated, and executed community awareness program is
paramount to the implementation of a successful construction mitigation program; and
WHEREAS, three negotiation sessions were held on December 29,2000, and January 9 and
12,2001, to ensure the Consultant's understanding of the magnitude, urgency, and importance of
the tasks to be undertaken, and outline the City's requirements and expectations for the services to
be provided; and
WHEREAS, said services, in the amount of $300,000, are to be funded by a Joint
Participation Agreement between the City and FDOT, as authorized by Resolution No. 2000-23977,
dated June 28, 2000; and
WHEREAS, the same Resolution also authorized the appropriation of $300,000 in City
funds, for subsequent reimbursement by FDOT within 45 days of receiving an invoice from the City;
and
WHEREAS, fifteen percent (15%) or $45,000, of the above mentioned funds, are to be set
aside for contingencies, with each instance requiring pre-approval by both the City and FDOT
Project Managers; and
WHEREAS, the Consultant's services shall commence as soon as possible prior to the
Project inception date (April 9, 2001), and continue throughout the life of the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the Mayor and City Clerk to execute a Professional
Services Agreement with Bridge House / Communikatz Joint Venture, as the successful proposer
pursuant to RFQ No. 121-99/00, for the performance of Community InvolvementlLiaison Consultant
Services for the Collins A venue Reconstruction Project, from Lincoln Road to 26th Street; said
Agreement, in the amount of $300,000, to be funded by a Joint Participation Agreement (JPA)
between the City and FDOT; and further providing that $45,000 of the Agreement's total price be
set aside for contingencies, with each instance requiring pre-approval by both the City and FDOT
Project Managers.
PASSED AND APPROVED this the 31st
day of
January
,2001.
JJ
ATTEST:
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CITY CLERK
F:\WOIOO$TIlAIAME.UA'l'DC:mKATlAORE-MEM
APPROVED AI TO
FOAM & LANGUAGE
. FOR EXECUTION
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CITY OF MIAMI BEACH
CITY HALL 17DD CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
htlp:\\ci.miami-beach.fl.us
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM NO. Ll3-tJ(
Mayor Neisen O. Kasdin and DATE: January 31, 2001
Members of the City Commission
Jorge M. Gonzalez Q .\J\~
City Manager ) v- - U
A RESOLUTION 'F THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
THE CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH BRIDGE HOUSEl COMMUNIKA TZ JOINT
VENTURE, AS THE SUCCESSFUL PROPOSER PURSUANT TO RFQ NO.
121-99/00, FOR THE PERFORMANCE OF COMMUNITY INVOL VEMENTI
LIAISON CONSULTANT SERVICES FOR THE COLLINS AVENUE
RECONSTRUCTION PROJECT, FROM LINCOLN ROAD TO 26TH
STREET; SAID AGREEMENT, IN THE AMOUNT OF $300,000, TO BE
FUNDED BY A JOINT PARTICIPATION AGREEMENT (JPA) BETWEEN
THE CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT); AND FURTHER PROVIDING THAT $45,000 OF THE
AGREEMENT'S TOTAL PRICE BE SET ASIDE FOR CONTINGENCIES,
WITH EACH INSTANCE REQUIRING PRE-APPROVAL BY BOTH THE
CITY AND FDOT PROJECT MANAGERS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
Pursuant to Request for Qualifications No. 121-99/00, and as authorized by Resolution No. 2000-
24224, members of the City Administration and staff held two meetings and one field trip with the
top-ranked consultant, Bridge House/Communikatz Joint Venture. The purpose of the meetings was
1) to negotiate the Agreement terms for the performance of Community lnvolvement/Liaison
Consultant services (the Services) involving the Collins Avenue Reconstruction Project (the Project),
from Lincoln Road to 26th Street; and 2) outline the City's expectations for the Consultant services.
At the first meeting (December 29, 2000) and field trip (January 9,2001), several main items were
made clear to and agreed upon by the Consultant, among them:
(; The City relies on the Consultant to keep the stakeholders informed at all times and to
resolve day-to-day challenges resulting from the Project's implementation, without
requiring the City's attention or intervention.
I UNDING APPROVED
c..?E.
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AGENDA ITEM
DATE
January 31,2001
Commission Memorandum
Agreement with Bridge House/Communikatz
Page 2
(; It is imperative that the Consultant become familiar with the PriceWaterhouseCoopers Study
prepared for the Project, and to coordinate the Consultant effort toward aiding and
facilitating the implementation of the mitigation strategies suggested in the Study.
(; Consultant was alerted to the various public and private projects scheduled for the Collins
Avenue area, which will coincide with the FDOT Project.
(; Consultant was alerted to the operational and daily needs that the area hotels, businesses and
residents will have during the Project construction period.
(; Consultant work will commence as soon as possible prior to the construction inception date
(April 9, 2001), and will continue throughout the life ofthe Project.
(; Consultant will work with designated City and FDOT Project Managers as well as with
additional personnel assigned by the various City departments.
(; In addition, Consultant was required to prepare a Revised Scope of Services, above and
beyond the basic one provided in the City's RFQ packet, to demonstrate a clear
understanding of the City needs and expectations for the Project, and the magnitude, urgency,
and importance of the tasks to be undertaken, On January 12, 2001, a second meeting was
held to finalize the Revised Scope of Services, which is attached hereto as Exhibit "A" to
Agreement.
Summarv of Essential Consultant Duties:
1. Purpose. Coordinate public information activities for the City/FDOT; communicate with all
Project stakeholders; during first two weeks, provide a itemized schedule and quantity
estimate for any required public involvement items to be supplied by the City and FDOT.
2. Data. Collect, maintain and update an all-inclusive project mailing/contact list, with a
diskette copy provided to City.
3. Community Awareness Plan (CAP). Prepare a CAP that will document how cooperative
relationships will be developed and maintained.
4. Public Meetings. Prepare, publicize, hold, and document public community meetings to
involve and inform all stakeholders; and special meetings as needed.
5. Newsletters and Flyers. Design, prepare, and print a quarterly/multicolor newsletter, and
a weekly progress report/traffic alert, for partial and/or total distribution to the mailing list,
referred to in Item 2., above.
6. Hold Meetings with Project Managers/Officers for the City and FDOT on a monthly basis.
Maintain contact with the City's Tourism & Convention Coordinator, and Service Delivery
Manager.
January 31,2001
Commission Memorandum
Agreement with Bridge House/Communikatz
Page 3
7. Contacts with Elected Officials will be handled through the chain of command established
by the City. At the project's onset, conduct a briefing for high level appointed and elected
officials to apprise them of the schedule and work to be done.
8. Public Involvement Products will be prepared and distributed by Consultant.
9. Internet Sites. Provide text and updates for linkage with CitylFDOT internet sites, and
answer all e-mail communications.
10. Traveler Information Radio Network (TIRN). Provide project related information for
inclusion on FDOT's TIRN.
11. Special Public Involvement Requirements:
(; Orient consultant efforts toward aiding an facilitating the implementation of the
mitigation strategies suggested by PriceWaterhouseCoopers' Study for the project.
(; Develop a strategic approach to identifying and managing existing and emerging
issues.
(; Develop a policy and strategic approach for resolving difficult issues.
(; Develop an action plan to receive and disseminate information, and a schedule of
key elements/timetable for delivery of products.
(; Organize, coordinate, and document the work of the Stakeholders Task Force.
(; Establish an office in close proximity to the Project area, with a member of the
Consultant team available on-site, as deemed necessary by the City.
(; Maintain 24-hour hotline with updated information, and provide/document
emergency on-call services.
(; Respond to and document any emergency calls within one (1) hour of notification.
(; Work with FDOT/City to produce a rendering drawing/illustration of how a
refurbished Collins Avenue will look after reconstruction, for early distribution to all
stakeholders,
(; Develop and submit an invoicing procedure and format for approval by both the City
and FDOT, in order to facilitate invoice payments and reimbursements from FDOT.
Summary of Essential City Duties: The City will playa pivotal role in both the Public Involvement
Program and the Collins Avenue Reconstruction Project, that will involve the following activities:
1. Establish a Stakeholders Task Force composed of hoteliers, business owners and residents
to monitor the project.
2. The Parking Department will coordinate and implement parking and loading programs along
17th and 18th Streets.
January 31,2001
Commission Memorandum
Agreement with Bridge House/Communikatz
Page 4
3. The City will monitor and assess the construction schedule and the maintenance of traffic
plan (MOT), on a daily basis.
4. The Consultant will work directly for the City, with the following assigned personnel:
o Transportation/Concurrency Management Director (Joseph Johnson) will administer
the Consultant contract;
o Community Resources Manager (Lynn Bernstein) will help resolve public right-of-
way, hotelier and stakeholder issues;
o Convention & Tourism Coordinator (Michael Aller) for visitorltourist issues;
o Assistant Police Chief (Don DeLucca) for MOT enforcement issues; and
o Assistant City Manager (Matthew Schwartz) assigned to oversee the project and
assess its impact to hotels, local businesses, and stakeholders.
5. Additional staff from various City Departments will be assigned to work with and provide
support to the Consultant and City/FDOT project managers in resolving serious problems,
issues, and concerns.
6. Due to the complexity of the project, the Administration will continue to hold a weekly
coordination meeting with all City departments which are directly or indirectly involved in
the project.
FUNDING: For the above-mentioned Consultant services, $300,000 is provided (via the
reimbursement method) by a fully executed JPA with FDOT, with City funds appropriated in the
interim, as authorized by Resolution No. 2000-23977, of June 28, 2000. The $300,000 in funds will
be handled as follows:
o Eighty-five percent (85%) or $255,000 of the total Agreement price will cover the costs of
the services outlined in Exhibit "A," the Revised Scope of Services.
o Fifteen percent (15%) or $45,000 of the total price will be set aside by the City as
contingency funds. Such funds can be expended only after written approval, per each
instance, by both the City and FDOT project managers.
The Consultant will propose an invoicing procedure and format that are acceptable to both the City
and FDOT. This will facilitate the processing/payment of invoices by the City, and the subsequent
reimbursement by FDOT, within 45 days of receiving an invoice from the City.
It is in the best interest of the City to have the public information/liaison component of the Collins
Avenue Reconstruction Project fully operational as soon as possible, since the FDOT project
construction is scheduled to commence on April 9, 2001. Therefore, the Administration
recommends approval of the Resolution.
JG~'j/AJ ~
Attachments
RIWORK\$TRA1MIIlUA'<<>OT\ItATl.AQJtE.MI!M
I" ...r
AN AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND BRIDGE HOUSE/COMMUNIKATZ JOINT VENTURE
FOR THE PERFORMANCE OF
COMMUNITY INVOLVEMENTILIAISON CONSULTANT SERVICES
FOR THE COLLINS A VENUE RECONSTRUCTION PROJECT,
FROM LINCOLN ROAD TO 26TH STREET
THIS AGREEMENT made and entered into this Z- day of ----MtlAe.k , 2001
by and between the CITY OF MIAMI BEACH, FLORIDA (hereinafter referred to as City),
having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139 and
BRIDGE HOUSE/COMMUNIKA TZ JOINT VENTURE (hereinafter referred to as
Consultant), whose address is 1632 Pennsylvania Avenue at Lincoln Road, 2nd Floor, Miami
Beach Florida, 33139.
SECTION 1
DEFINITIONS
Agreement:
This written Agreement between the City and Consultant.
City Manager:
"City Manager" means 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.
Project:
The Collins A venue Reconstruction Project, from Lincoln Road to 26th
Street, being performed by the Florida Department of Transportation.
FDOT:
Florida Department of Transportation, District Six.
Fixed Fee:
Fixed amount paid to the Consultant to cover the costs of the Services.
Risk Manager:
The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139.
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Termination:
Termination of Consultant Services as provided in Subsection 4.9 of this
Agreement.
SECTION 2
SCOPE OF WORK
The scope of work to be performed by Consultant is set forth in Exhibit "A," entitled "Revised
Scope of Services" (Services),
SECTION 3
COMPENSATION
3.1 FEE
Consultant shall be compensated for the Services to be provided herein in an amount not
to exceed Three Hundred Thousand and 00/100 Dollars ($300,000), as follows:
3.1.1 Fixed Fee of Two Hundred and Fifty Five Thousand and 00/100 Dollars
($255,000.00) for the Services set forth in Exhibit "A" hereto.
3.1.2 Contingency Fee. In addition, $45,000 (or fifteen percent of $300,000) shall be
set aside by the City for contingencies. Such funds can be expended only after written
pre-approval, for each instance, by both the City and FDOT Project Managers.
3.2 INVOICE FORMAT AND PROCEDURE
Consultants shall propose an invoicing procedure and format that are acceptable to both
the City and FDOT, thereby facilitating invoice payments by the City as well as the subsequent
reimbursements to the City by FDOT.
3.3 METHOD OF FA YMENT
Payments shall be made within thirty (30) days of the date of invoice received by the
City.
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SECTION 4
GENERAL PROVISIONS
With respect to the performance of the Services, Consultant shall do the following:
4.1 RESPONSIBILITY OF THE CONSULTANT
4.1.1 Consultants shall exercise that degree of skill, care, efficiency and diligence normally
exercised by recognized professionals with respect to the performance of comparable Services.
4.1.2 A well planned, coordinated, and executed community awareness program is paramount
to the implementation of a successful construction mitigation program. Consultants shall become
familiar with the PriceWaterhouseCoopers' Study for the Project, dated August 2000, and shall
fully orient itself with the mitigation strategies suggested in said Study.
4.1.3 The City shall rely on the Consultant to keep the stakeholders informed at all time and to
resolve day-to-day challenges resulting from the Project's implementation, without requiring the
City's attention or intervention.
4.1.4 Within two (2) weeks following the issuance of a Notice to Proceed by the City, the
Consultant will provide the City with an itemized fee structure and timeline for the various tasks
involved in the Revised Scope of Services, attached hereto as Exhibit "A."
4.1.5 In its performance of the Services, Consultant shall comply with all applicable laws and
ordinances, including but not limited to, applicable regulations of the City, County, State, Federal
Government, ADA, EEO Regulations and Guidelines.
4.2 PUBLIC ENTITY CRIMES
State of Florida Form PUR 7068, Sworn Statement under Section 287 _133(3)(a) Florida
Statute on Public Entity Crimes shall be filed with the Procurement Division.
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4.3 PROJECT MANAGEMENT
The Consultant shall appoint a qualified individual acceptable to the City to serve as
Project Manager for the Services who shall be fully responsible for the day-to-day activities
under this Agreement and who shall serve as the primary contact for the City's Project Manager.
4.4 DURATION AND EXTENT OF AGREEMENT
The term of this Agreement shall commence immediately upon receipt of a "Notice to
Proceed" from the City, and continue throughout the life of the Collins Avenue Reconstruction
Project (the Project), which is scheduled to begin approximately on April 9, 2001 and end
approximately by November 2002.
4.5 TIME OF COMPLETION
Consultant shall agree to a completion date to be determined by the City, in consultation
with the Florida Department of Transportation (FDOT), that is reasonably consistent with the
appropriate duration of the Project, and with the term of this Agreement, as set forth in Section
4.4 above. In the event that the City and Consultant deem that an extension of the term of this
Agreement and of Consultant's Services is necessary, same shall be memorialized by an
amendment to this Agreement and may include a reasonable increase in the compensation to
Consultant, as deemed necessary and mutually agreed to by the parties. However,
notwithstanding the preceding, the City and Consultant agree that in the event the Project is
delayed or prevented from proceeding by any circumstances beyond the reasonable control of the
City (and FDOT), including weather conditions or acts of God which would render construction
work impracticable, then the term of this Agreement shall be automatically extended, and
Consultant shall not be entitled to any additional compensation for the Services to be provided
herein. The City and Consultant herein agree that the Agreement and Consultant's Services to be
provided herein, are intended to be provided for the life of the Project, as defined above.
Therefore, should weather or acts of God delay or otherwise prevent the Project from being
completed on or before the approximate date set forth in Section 4.4. above, Consultant shall be
obligated to continue to provide the Services set forth herein for the total fee agreed to in Section
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3 of the Agreement.
4.6 OWNERSHIP OF DOCUMENTS AND EOUlPMENT
All documents prepared by the Consultant pursuant to this Agreement are related
exclusively to the Services described herein, and are intended or represented for ownership by the
City. Any reuse by Consultant or the parties shall be approved in writing by the City.
Notwithstanding the foregoing, the City agrees that Consultant may use such non-confidential
documents prepared pursuant to this Agreement for the exclusive purpose of Consultant's
promotional materials.
4.7 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, 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-consultants, or any other person or entity acting under
Consultant's control, in connection with the Consultant's 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 judgements 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
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to give the other party prompt notice of any claim corning to its knowledge that in any way
directly or indirectly affects the other party.
4.8 INSURANCE REOUlREMENTS
The Consultant shall not commence any work pursuant to this Agreement until all
insurance required under this Subsection 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 and throughout the duration of the work the following
insurance:
1. Professional General Liability in the amount of $1,000,000.00. A certified
copy of the Consultant's (and any sub-consultants') Insurance Policy must
be filed and approved by the Risk Manager prior to commencement.
2. Workers Compensation & Employers Liability as required pursuant to
Florida statute.
Thirty (30) days written notice of cancellation or substantial modification in the insurance
coverage must be given to the City's Risk Manager by the Consultant and its insurance company.
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. 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. The Consultant is responsible for obtaining and submitting all insurance certificates
for their 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.
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Compliance with the foregoing requirements shall not relieve the Consultant of the
liabilities and obligations under this Subsection 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.
4.8.1 ENDORSEMENTS
All of Consultant's certificates, above, shall contain endorsements providing that written
notice shall be given to the City at least thirty (30) days prior to termination, cancellation or
reduction in coverage in the policy.
4.8.2 CERTIFICATES
Unless directed by the City otherwise, the Consultant shall not commence the Services
until the City has received and approved, in writing, certificates of insurance showing that the
requirements of this Subsection (in its entirety) have been met and provided for.
4.9 TERMINA nON. SUSPENSION AND SANCTIONS
4.9.1 Termination for Cause
If the Consultant shall fail to fulfill in a timely manner, or otherwise violate 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 ten (10) days to cure such default. If such default
remains uncured after (10) days, the City, upon seven (7) days notice to Consultant, may
terminate this Agreement and the City shall be fully discharged from any and all liabilities, duties
and terms arising out of/or by virtue of this Agreement.
In that event, all finished and unfinished documents, data, studies, surveys, drawings,
maps, models, photographs, reports and other work products prepared by the Consultant and its
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subcontractors shall be properly assembled and delivered to the City at the Consultant's sole cost
and expense. Consultant shall be paid for any Services satisfactorily performed up to the date of
termination.
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 alllegal/equitable
actions which 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.
4.9.2 Termination for Convenience of City
THE CITY MAY, 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
SEVEN (7) DAYS FOLLOWING RECEIPT OF THE CONSULTANT OF THE
WRITTEN TERMINATION NOTICE. IN THAT EVENT, ALL FINISHED OR
UNFINISHED DOCUMENTS AND OTHER MATERIALS, AS DESCRIBED IN
SECTION 2 AND IN EXHIBIT" A" SHALL BE PROPERLY ASSEMBLED AND
DELIVERED TO THE CITY AT CONSULT ANT'S SOLE COST AND EXPENSE. IF
THE AGREEMENT IS TERMINATED BY THE CITY AS PROVIDED IN THIS
SUBSECTION, CONSULTANT SHALL BE PAID FOR ANY SERVICES
SA TISFACTORIL Y PERFORMED UP TO THE DATE OF TERMINA TION.
4.9.3 Termination for Insolvency
The City also reserves the right to terminate the remaining Services to be performed 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 4.9.2.
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4.9.4 Sanctions for Noncompliance with Nondiscrimination Provisions
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
4.9.2.
4.9.5 Changes and Additions
Changes and additions to the Agreement shall be directed by a written amendment signed
by the duly authorized representatives of the City and Consultant. Said amendment shall provide
an equitable adjustment in the time of performance, and, if applicable, in compensation to
Consultant, a reallocation of the task budget and, if applicable, any provision of this Agreement
which is affected by said amendment. The City shall not reimburse the Consultant for the cost of
preparing Agreement change documents, written Notices to Proceed, or other documentation in
this regard.
4.10 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.
4.11 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
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records, forms, files, and documents which have been generated in performance of this
Agreement, to those personnel as may be designated by the City.
4.12 ASSIGNMENT. TRANSFER OR SUBCONTRACTING
The Consultant shall not subcontract, assign, or transfer any work under this Agreement
without the prior written consent of the City.
4.13 SUB-CONSULTANTS
The Consultant shall be liable for the Consultant's services, responsibilities and liabilities
under this Agreement and the services, responsibilities and liabilities of sub-consultants, 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 Consultant. All sub-consultants
must be approved in writing prior to their engagement by Consultant.
4.14 EOUAL 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, national origin, place of birth, marital status, or physical handicap. The
Consultant shall 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, disability, 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.
4.15 CONFLICT OF INTEREST
The Consultant agrees to adhere to and be governed by the Metropolitan Dade County
Conflict of Interest Ordinance (No. 72-82), as amended; and by the City of Miami Beach Charter
and Code, which are incorporated by reference herein as if fully set forth herein, in connection
with the Agreement conditions hereunder.m
-10-
, .
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 therefrom.
4.16 PATENT RIGHTS: COPYRIGHTS: CONFIDENTIAL FINDINGS
Any patentable result arising out of this Agreement, as well as all information, design
specifications, processes, data and findings, shall be made available to the City for public use.
No reports, other documents, articles or devices produced in whole or in part under this
Agreement shall be the subject of any application for copyright or patent by or on behalf of the
Consultant or its employees or subcontractors.
4.17 NOTICES
All communications relating to the day-to-day activities shall be exchanged between the
Project Manager appointed by Consultant and the Project Manager designated by the City. The
Consultant's Project Manager and the City's Project Manager shall be designated promptly upon
commencement of the Services.
All other notices and communications in writing required or permitted hereunder may be
delivered personally to the representatives of the Consultant and the City listed below or may be
mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the
city of dispatch).
-11-
Until changed by notice in writing, all such notices and communications shall be
addressed as follows:
TO CONSULTANT:
Bridge House/Cornrnunikatz Joint Venture
Michele Burger, Project Manager
1632 Pennsylvania Avenue at Lincoln Road, 2nd Floor
Miami Beach Florida, 33139
(305) 532-7200
(305) 532-2029 - Fax
Cornrnunikatz, Inc.
Eric S. Katz, President
4141 N.E. Second Avenue-Suite lOlD
Miami Beach, Florida 33137
(305) 573-4455
(305) 573-4466 - Fax
TO CITY:
City of Miami Beach
Joseph W. Johnson, III, Director
Transportation Concurrency Management Division
Project Manager
1700 Convention Center Drive, 4th Floor
Miami Beach, FL 33139
(305) 673-7000, Ext. 6185
(305) 673-7028 - Fax
WITH COPIES TO:
Office of the City Attorney
Attn: Murray H. Dubbin
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Notices hereunder shall be effective:
If delivered personally, on delivery; if mailed to an address in the city of dispatch,
on the day following the date mailed; and if mailed to an address outside the city
of dispatch on the seventh day following the date mailed.
-12-
4.18 LITIGATION .TURISDlCTIONNENUE
This Agreement shall be enforceable in 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 Dade County, Florida.
4.19 ENTIRETY OF AGREEMENT
This writing and the Services embody the entire Agreement and understanding between
the parties hereto, and there are no other agreements and understandings, oral or written with
reference to the subject matter hereof that are not merged herein and superseded hereby. The
Services and the Proposal Documents are hereby incorporated by reference into this Agreement.
No alteration, change, or modification of the terms of this Agreement shall be valid
unless amended in writing, signed by both parties hereto, and approved by the City Commission
of the City of Miami Beach.
This Agreement, shall be governed by and construed according to the laws of the State of
Florida.
4.20 LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit
on the City's liability for any cause of action for money damages due to an alleged breach by the
City of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000.
Consultant hereby expresses its willingness to enter into this Agreement with Consultant's
recovery from the City for any damage action for breach of contract to be limited to a maximum
amount of $10,000.
Accordingly, and notwithstanding any other term or condition of this Agreement,
Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an
amount in excess of $10,000 for any action or claim for breach of contract arising out of the
performance or non-performance of any obligations imposed upon the City by this Agreement.
Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be
a waiver of the limitation placed upon the City's liability as set forth in Section 768_28, Florida
Statutes.
-13-
"
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY:
CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By:~d f~
City Clerk
By:
1~
Mayor
FOR CONSULTANT:
BRIDGE HOUSE/COMMUNlKATZ
JOINT VENTURE
ATTEST:
~;
~ Secretary
FOR BRIDGE HOUSE
BY:~~
President
Corporate Seal
ATTEST:
FOR COMMUNIKA TZ, INC.
LA. (y-
Secretary
By:
{- j (Cy:.
President
Corporate Seal
f,'WORlt'.5TIlAw.u;u^~IU;tl.WN,WI'Il
A 'PROVED AI 10
F0FiM & L.ANGUAGa
& fOR ex&GU'I'IGM
~ ).'J-X",tJ/
Ity om.,~ Pate
-14-
SWORN STATEMENT PURSUANT TO SECTION 187.133(3)(..).
FLORIDA STATlITES, ON PUBLIC ENTITY CRIMES:'. "
H' I'
TillS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICI..l.
.AlITlIORllED.TOADMINISTEROATHS. ' '. - . ",' ,." '
l. Thisswom slalcment issubmined to Ci ty of Mi ami Beach
~ Eric S. Katz
(print individual's name and title)
fur Communikatz. Inc.
(print name of entity submitting sworn statement) . . I,
4141 NE 2nd Avenue, Suite 101D, Miami, FL 33137
who$C business address is
and (if applicable) its Federal Employer Identification Number (FEIN) is
,'59-2591434
(If the entity has no FEIN,
statement(
include the Social Security Number <?r L I~C, indivi~u~ ,siloi,og. this sworn
.J
2. I understand that I "public entity crime" IS defined in Paragraph 287.133(1)(1), Florid. S,.tulfS. means a violation or an)' stale or
federal law by. person with respect to and directly related to the transaction of business with any public entity or with IU1 agenc)' or
political subdivision ohny other state or oClhe Unlled States, including, but not limited to, any bid or contrlcl for goods or services to
be provided to an)' public entity or an agency or political subdivision of any other state or of the United States and involving antitrust.
fraud, theft. bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. I undersland thai "convicted" or "conviction" as defined In Paragraph 287.133(1 )(b), Florida St.tutrs. means. finding of guilt or a
conviction ora public entity crime, with or without an adjudication of guill. in any federal or slate trial court ofrecord relating to charges
brought by indictment or jnfoonation after July I, 1989, as a result of ajury verdict, non-jury trial, or entry of a plea of guilty or nolo
contendere.
.",,'
4.
I understand that an "affiliate'" as defined in Paragraph 287.133( I )(1), Florida Stllutrs. means:! .;
I. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted ofa public
entity crime, The tenn "affiliate" includes those officer, directors, executives, partners, shartholders, employees, members, and agents
who arc active in the management ofan affiliate. The ownership by one person of shares constituting a controlling interest in another
person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be
a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has
been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.
..'
j'i'.'
"'1
S. I understand that a "person" as defined in Paragraph 287.133(1 Xc), Florida Slalulel. means any natural person or entity organized under
the laws of any state or of the Uniled States with the legal power to enter into a binding contrllit and which bids or applies to bid on
conlracts for the provision of goods or services let by a public entity, or which otherwise transacls or applies to transact business with
a public entity. the tenn "person" includes those officers, directors, executives, partners, shareholders. employees, members, and agents
who arc active in management of an entity. .
6. Based on Information and belief. the statement which I have marked is true In retation 10 the entity submitting this swom statement.
(indicate which statement applies.)
-L- Neither the entity submining this sworn stalement, nor any of its officers, ditc:ctors, executives, panners. shareholders.
employees, members, or agenls who arc active in the management of the entity. nor any affiliate of the entity have been
charged with and convicted of a public entity crime subsequent tQ July I, 1989,
The entity subminhig this sworn statement, or one or more of the officers, directors, executives, partners. shareholders,
employees. members, or agents who are active In the management of the entity, or an affiliate of the entity has been charged
with and convicted of a public entity crime subsequent to July I, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives, panners, shareholders.
employees members, or agenl.S who are active in the management of the entity, or an affiliate of the entity has been charged
with and convicted ofa pUblic entity crime subsequent to July I, 1989. However, there has been a subsequent proceeding
before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the
Hearing Officer deteonined that it was nol in the public interest to place the entity submitting this sworn statement on the
convicted vendor list. (attlch a copy of the finll order)
SWORN STATEMENT PURSUANT TO SECTION 287.IJJ(J)(a).
FI.ORIDA STATUTES. ON PUBLIC ENTITY CRIMES,'
TillS FORM MUST BE SIGNED AND SWORN TO IN TIlE PRESENCE OF A NOTARY PUBl.IC OR OTHER OFFICIAl.
AUTlIORIZED TO ADMINISTER OATHS.
~y
utA:
\
(pri~i~~i~d~a\'~nom~t.~~
, W1'~, ING
(print name of entity submitting sworn slat~ment)
whose business address is_HO?Z, mJN<;'}WAl-JV\- !tift.'
and {if applicable) its Federal Employer Identification Number (FEIN) is
of
~~i
~
L
This sworn statement is submitted to
for
"
VIM-U ~t\ I R ~?\~1
,
t,17oc.;~I.,n
(l f the entity has no FErN,
statement(
include the Social Security. Number o~ I !~e
,)
i~di\'i~u~. r. signi~g this sworn
2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida St.tules. means a violation of any slate-Of
federal law by a person with respect to and directly related to the transaction orbusincss with any public entity or with an agcnc.y:or
political subdivision or any other state or of the United States, including, but not limited to. 'any bid or contract for goods or services..o
be provided to any public entity or an agency or political subdivision of any other state or of the United States and invol....ing antitrust.
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287 .133( I)(b), Florida Statutr!. means a finding of guilt or a
conviction ofa public entity crime. with or without an adjudication of guilt in any federal or state trial court of record relating to charges
brought by indictment or information afier July I, 1989, as a result of ajury verdict, non-jury trial. or entry of a plea of guilty or nolo
contendere.
4. I underStand that an ..affiliate.... as defined in Paragraph 287.133(1 )(a), Florida St.tut~!. means:
I. 'A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public
entity crime. The term "affiliate" includes those officer, directors, executive,s, partners, shareholders, employees, members, and agents
who arc active in the management ofan affiliate. The ownership by one person of shares constituting a controlling interest in another
person, or a pooling of equipment or income among persons when not for fair market value under an ann's length agreement. shall be
a prima facie case that one person controls another person. A person who know;ngly enters into ajoint venture with a person who has
been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.
5. I understand that a "person" as defined in Paragraph 287 .133(IXe), Florida Slalute!. means any naturaJ person or entity organized under
the laws of any state or of the United States with the legaJ power to enter into a binding contract and which bids or applies to bid on
contracts for the provision of goods or services let by a public entity. or which otherwise transacls or applies to transact business with
a public entity. the term "person" includes those officers, directors. executives, partners. shareholders, employees. members, and agents
who are active in management of an entity. '
6. Based on infonnation and belief. the statement which I have marked is true in relation to the entity submitting this sworn statement.
(indicate which statement applies.)
J
Neither the entity submitting this sworn statement, nor any of its officers. directors, executives. partners, shareholders,
employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity have been
charged with and convicted of a public entity crime subsequent tQ July I, 1989.
The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners. shareholders.
employees. members, or agents who are active in the management of the entity, or an affil iate of the entity has been charged
with and convicted of a public entity crime subsequent to July I, 1989.
The entity submitting this sworn statement. or one or more of its officers. directors, executives. partners. shareholders.
employees members, or agents who arc active in the management of the entity, or an affiliate orthe entity has been charged
with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding
before a Hearing Officer of the State of Florida. Di....ision of Administrative Hearings and the Final Order entered hy the
Hearing Officer determined that it was not in the public interest 10 place the entity submitting this sworn statement on the
convicted vendor list. (attach a copy of the final order)
EXHIBIT "A"
FINAL SCOPE OF SERVICES, 01/31/00
COLLINS A VENUE PUBLIC INFORMA TIONIINVOL VEMENT/LIAISON
CONSULTANT SERVICES
This Scope of Services incorporates the City of Miami Beach (City), Florida Department of
Transportation (FDOT), and CONSULTANT concepts for the services required of the
CONSULTANT, which acknowledges understanding of the magnitude, urgency and importance
of the task to be undertaken,
A. PURPOSE
The CONSULTANT will coordinate public information activities for the City, for the FOOT's
Collins A venue Reconstruction Project. The Project corridor is AINCollins A venue, from
Lincoln Road to 26th Street, and the one block north, east, and west; and two blocks south of the
actual construction area. In addition, a parallel program must be instituted to communicate with
a secondary target - the residents, property owners and business operators to the north, south,
east, and west of the corridor, who normally traverse the construction area or will experience
increased traffic congestion, travel delays and speeding on their streets, as motorists seek to avoid
the construction zone.
All work will be done in compliance with both the City requirements, and the FDOT's
"Community Awareness Program in the District Six-Public Information Plan Format and
Requirements" guidelines, as outlined in the Scope of Services' sections,
The Agreement Term is for the life of the Collins A venue Reconstruction Project, beginning
with a "Notice to Proceed" to be issued by the City, including the three-month transition period
between Phases I and II construction, and ending after the Project is completed.
B. DEFINITIONS
Stakeholders - Includes City, FDOT, property owners, business owners/operators, and
residents of residential properties within the Collins A venue Reconstruction Project area.
Stakeholders Task Force - Open to anyone in the Stakeholder category; the Task Force
will meet regularly but be managed on a day-to-day basis by an executive committee.
Other affected constituencies include the Jackie Gleason Theater and the Convention
Center; cultural and community groups such as museums, libraries, schools, religious
establishments, police and fire rescue; hotel concierges at establishments north and south
of the Collins A venue Reconstruction Project; mainland hotel concierges; Lincoln Road
property owners and business owners/operators; business owners/operators and residents
of adjacent streets; Miami-Dade Transit Agency (MDTA), Electrowave and others.
PIP - A shorter way of referring to the Collins A venue Public Information/Involvementl
Liaison Consultant Services Program.
PI'oject - The FDOT's AINCollins Avenue Reconstruction Project, from Lincoln Road
to 26th Street.
PWC Study - The Price WaterhouseCoopers' Study for the Project, dated August 2000.
C. UPFRONT REOIDREMENTS
1. The City relies on the CONSULT ANT to keep the stakeholders informed at all times and
to resolve day-to-day challenges resulting from the Project's implementation, without
requiring the City's attention or intervention.
2. Within two weeks of a Notice to Proceed, to be issued by the City, and based on
$255,000,* the CONSULTANT will provide the City and FDOT with an itemized fee
structure and complete timeline for the various tasks involved in this revised Scope of
Services. Per Agreement, the remaining $45,000 * is set aside by the City for
contingencies, which will have to be pre-approved (per each instance) by both the City
and FDOT Project Managers.
3. Within two weeks of a Notice to Proceed, the CONSULTANT will provide a schedule
and quantity estimate for any required public involvement items to be supplied by the
City andlor FDOT.
4. Within thirty (30) days of a Notice to Proceed, CONSULT ANT will provide a complete
listing of the stakeholders, institutions and public to be targeted (as defined below). The
list will be constantly updated, and distributed to the City staff,
5. CONSULTANT will become familiar with the PWC Study for the Project and orient the
consulting efforts toward aiding and facilitating the implementation of the mitigation
strategies suggested by the PWC Study. The goal ofthe CONSULTANT will be to
develop a well-planned and executed PIP in order to minimize the impact of construction
on the affected businesses, tourists, and residents.
6, Work with FDOT and City to pI'oduce a rendering illustration of how the Project will
look after completed. No such rendering illustration is presently available.
7. CONSULTANT will develop and submit an invoicing procedure and format for approval
by both the City and FDOT. This will facilitate City payments to consultants and help
ensure that the City is reimbursed by FDOT, under provisions of a Joint Participation
Agreement (JP A),
2
D. PUBLIC INVOLVEMENT DATA:
The collection of public input occurs throughout the life of the Project, and requires compiling
and maintaining the Project mailing list, newspaper clippings, correspondence, public requests
and responses. Daily review of local newspapers and collection of news articles is required.
The CONSULT ANT will collect, maintain and update the Project mailing list and provide the
City and FDOT on a diskette, information which includes but is not limited to the following:
<) Stakeholders, defined as property owners, tenants or operators along the corridor
and one block north, east and west of the area; and two blocks south of
construction area.
<) Other affected constituencies, defined as business property owners, tenants and
residents who may be outside the Project but will be affected by changes in traffic
patterns and increased volumes in traffic on their streets as a result of blockages or
closures on AlA/Collins Avenue.
<) Elected and appointed local, state and federal officials; municipal boards and
committees, and other community leaders and groups, on or with jurisdiction in
the Project area.
<) Technical staff of City, FDOT and County, including permit and review agencies.
<) Utilities such as Florida Power & Light, BellSouth, City, internet service
providers, gas, cable television and other service companies,
<) Community and cultural service groups, such as schools, churches, synagogues,
police and fire rescue,
<) The media, for use by the City and FDOT, which will issue any releases and
advertisements.
<) The City's Tourism & Convention Coordinator, Greater Miami & the Beaches
Hotel Association, Miami Beach Convention Center, Greater Miami Conventions
& Visitor and Conventions Bureau, tour operators, meeting planners, tourist
information agencies, and consular corps.
<) Any person or institution expressing an interest in the Project by returning a
completed Project data entry card,
3
."
E. COMMUNITY AWARENESS PLAN:
An effective and successful construction mitigation program begins with a seamless. well-
coordinated. strategicallv planned and executed Community Awareness Pro\1'ram (CAP),
In part, the success of a PIP Project lies in avoiding the element of surprise. Miami Beach cannot
afford losing tourism and/or convention business to its known competitors (Orlando and the
Caribbean) due to this essential roadway reconstruction Project. Therefore, the City requires that
the PIP Consultant be very familiar with the Price W aterhouseCoopers Study for the Collins
A venue Reconstruction Project in order to orient the consulting efforts toward aiding and
facilitating the implementation of the mitigation strategies suggested by the PWC Study, which
are the following:
o "Establishment of continency plans to ensure access to the affected hotels, particularly by delivery
and waste removal vehicles, tours busses and production vehicles.
o Ensure maintenance of traffic.
(> Assign permanent liaisons between hotels and contractors.
(> Increase electric bus service and issue transportation vouchers.
o Launch a public relations program including staffing "Project information desks" in major hotels
and the Miami Beach Convention Center, unstaffed promotional booths in smaller hotels and an
advertising campaign to promote the "New Collins Avenue Corridor."
o Take steps to conceal road work (when possible)_
o Communicate with the hotels on an ongoing basis.
o Manage hotel inventories to exclude Collins A venue frontage rooms.
o Display collateral materials illustrating the Project's future look. "
The CONSULTANT's Public Involvement Program will include all aspects of a Community
Awareness Plan (CAP), as prescribed by the City and FDOT. The CAP will document how the
cooperati ve relationships will be developed and maintained during the construction duration.
The plan will include, but will not be limited to the foIiowing:
<> Introduction, including Project's purpose and background.
<> Description of Project boundaries, both the primary area and the secondary area noted
above.
<> Statement of challenges and opportunities put forth by this project.
(; A strategic approach to identifying and managing existing and emerging issues:
Strategy #1 Hotels. Restaurants. and overall hospitality-related industrY who require up-to-the-
minute information to maintain the flow of information to their guests and patrons and plan in
advance. (Regularly produced MOT bulletin.)
Strategy #2 Coordination and Cooperation. In an effort to provide the public with the latest
maintenance of traffic and other advisories, a strong cooperation between the construction
company and the public information office is required. FDOT and City must ensure that
contractors provide the public information office with maintenance of traffic plans and other
4
details at least 72 hours in advance, whenever feasible. (To be discussed at Task Force meetings
and disseminated via MOT bulletins.)
Strategy #3 Dealin~ with the Visitor Industry. Maintain ongoing communication with tourist
organizations, chambers of commerce, tour operators, meeting planners and tourist information
agencies.
Strategy #4 Construction Pro~ram. Work with contractor to assure business and residential
access, and facilitate the MOT plan, including signage programs.
Strategy #5 Residential Community. Include residents of nearby neighborhoods and major north-
south artery Pine Tree Drive, paralleling the Project from 41st Street south to Dade Boulevard, as
part of the stakeholders' list. Property owner information will be generated from the tax rolls and
from the Board of Realtors for new property owners. There will be notification prior to and during
construction using various communication strategies.
Strategy #6 Institutions and Communitv Or~anizations. In addition to the businesses and
condominium apartments located on Collins A venue, there are a number of institutions and
community organizations that need to be involved in, and advised of, the construction process.
They serve as a point of distribution of informatioD, as well as a source of information the Project
concerning planned events and special programs.
Strategy #7 The Media. It is important that the media understand the Project's benefits, and the
need to publishlbroadcast information to assist the City and FDOT in communicating with the
general public. In addition, the CONSULTANT will work with the City and FDOT to develop
materials for inclusion in the City and FDOT media kits. The City will designate a spokesperson
to deal with the media as well as a point of contact to approve news releases, advisories and
bulletins.
Strategy #8 Special Events Coordination. In part, the success of a PIP project lies in avoiding the
element of surprise. It is essential that the CONSULT ANT develop a timetable of special events
occurring in the City during the two phases of the Collins A venue Reconstruction Project.
CONSULT ANT will work with producers and venues of those events including the City,
Convention CeDter, Greater Miami Convention & Visitors Bureau, Greater Miami & the Beaches
Hotel Association, Chambers of Commerce and other organizations, to facilitate traffic through
and around the construction area. This timetable will be updated as the Project progresses and will
be distributed to the City, FDOT and the construction company on a regular basis for advance
planning purposes,
Strategy #9 Coordination with other Public and Private Construction Projects. As clearly
demonstrated to the consultants by Lynn Bernstein on the field trip of January 9th to the Collins
A venue area, other construction projects coinciding with this major roadway Project, will require
special attention by the PIP program. The CONSULT ANT will rely on information proYided by
the City and contractors and facilitate interaction between the FDOT construction manager and
construction managers on other, individual projects within the Project area.
5
. .
o Strategies for Resolving Difficult Issues and reaching the various public:
1. Investigate opponents and proponents. Invite proponents to attend the
Stakeholders Task Force meetings.
2. Identify opponents of Project, learn their reasons for opposition and provide
factual information that Tefutes their positions. Whenever possible,
CONSULTANT will reach out in a attempt to make them advocates.
3. Review minutes and transcripts, provided by the City, of previous meetings to
gain an understanding of issues and public sentiment. Develop a plan of action to
work on these issues and exhaust all available resources to resolve them, when
possible.
4. Whenever possible, learn from prior FDOT CAPs, and from respective Citizen
Advisory Committees, those principles which may be applied to the Collins
Avenue Project,
5. Encourage hoteliers and other hospitality businesses in the area to develop a
"Construction Policy" of extending the lowest possible rates and courtesies to
guests during the construction phase.
6. Encourage hoteliers to purchase discounted shuttle passes from MBTMA for their
guests so that they utilize the Electrowave service for their trips within South
Beach.
7. Encourage the City to work with the construction company to develop a signage
program which identifies access to businesses along Collins Avenue.
o Action plan on how information will be conveyed to and collected from the public.
(Please refer to Item F., below)
o Maintenance of Traffic (MOT) and parking considerations involving the City, contractor,
property owners, business operators and residents.
o Implementation Plan of Mitigation Action Contingency Plan,
o Schedule of key elements.
o Description of collateral materials to be produced.
o Maintenance of Project mailing list.
6
The CAP will be updated throughout the Project. The Consultant will submit a monthlv progress
report about CAP activities to the City's CAP and Construction Manager/Coordinators.
All creative efforts by CONSULT ANT are owned by the City and FDOT. Copyrights are the
property of the City and FDOT.
F. ACTION PLAN
CONSULTANT will develop an Action Plan to receive and disseminate information
(Deliverables) and a Schedule of Key Elements or Timetable for Delivery of Products.
1. Secure property folios and occupational licenses for businesses located on or near the
Collins Avenue. Timetable: first 30 days.
2, Secure list of recentl y purchased properties in the target area from the Board of Realtors.
Timetable: first 30 days.
3. Develop the following collateral materials:
<> Fact sheet (Timetable: first 30 days)
<> Quarterly, four-color newsletters (Timetable: every three months)
<> Office announcement card (Timetable: as soon as the office is set up).
4. Develop and constantly update database of contacts/mailing list.
Timetable: from day one until the Project is completed.
5. Hold monthly community meetings. or as-needed (as determined by the City), prior to
and during construction. Timetable: one month prior to construction and through the last
day of construction,
6. Consultant will place particular emphasis on holding bi-weekly meetin~s with the
owners/operators of hotels, restaurants, shops and other businesses affected by the Collins
A venue Project; as well as on maintaining record and contact log of these meetings.
Timetable: bi-weekly, from day one until the end of construction.
7. Consultant will visit the properties and areas affected, block by block, as construction
progresses.
Timetable: from day one until the end of construction.
8. Attend weekly meetings with construction company and Project manager.
Timetable: weekly.
9. Attend monthly meetin~s with FDOT and City of Miami Beach Project manager staff.
Timetable: monthly,
7
10. Work with FDOT and City to produce a rendering illustration of how the Project will
look after completed. No such rendering is presently available.
Timetable: within 3 weeks of receipt of image from FDOT or contractor, but no later than
9 weeks from the execution of contract.
11. Consultant will contact the City's CIVICAL, on a weekly or as-needed basis, to provide
updated information regarding the Project.
12. Consultant will provide text to the City and FDOT for linkage with their websites,
Timetable: during the first 60 days of the contract.
13. Monitor the local media on a daily basis and distribute clips to the appropriate parties.
Timetable: from day one until the last day of construction.
14. Write and translate news releases, as needed. Timetable: ongoing.
15. Write and translate community bulletins, as needed. Timetable; ongoing.
16. Establish an e-mail and fax broadcast system to disseminate news and information.
Timetable: within the first 30 days of the Project,
17. Establish a 24-hour InfoLine for up-to-the-minute news and information about the
Project. Consultant will seek to provide an automated telephone answering system
whereby callers will be given options of learning new information about the Project, or
speaking with a live operator to discuss a problem. In case of emergencies, the operator.
will contact the CONSULTANT immediately. Response to emergency calls will be
within one (1) hour. CONSULTANT will document such emergency calls.
Timetable: up and running as soon as the office is set up,
18. Write copy of inclusion in FDOT's Travelers Information Radio Network.
Timetable: ongoing,
19. Establish a public information office on or near the Project and make public information
materials available at the construction office.
Timetable: dictated by construction company schedule,
20. Develop a timetable of Special Events for the duration of construction.
Timetable: ongoing.
21. Develop, distribute to, and collect from each business within the Collins Avenue Project a
profile of each individual business, including peak and off-peak hours, type of access
required, number of driveways, hours of operation, special needs, etc.
Timetable: first 30 days,
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22. Provide FDOT and City with fact sheets for inclusion in their media kits.
Timetable: first 90 days.
G. PUBLIC MEETINGS
The CONSULT ANT will work with the City regarding potential meeting sites, advise
FDOT on the suitability and provide all support necessary for the CitylFDOT to conduct
various meetings. The CONSULTANT's strategy is to plan separate meetings for those
with commercial interests and residents.
Meetings for business people will include stakeholders with hotels, restaurants and
commercial office properties within the area affected by the Project. These meetings
should be extended to include those whose businesses are several blocks away from the
Project, that will be directly impacted by increased traffic congestion and delays.
Meeting preparation includes, but it is not limited to the following:
(; Contact participants; organize and schedule; reserve meeting sites.
(; Prepare and distribute notification letters.
(; Provide agenda and sign-in sheets.
(; Record, write and distribute minutes draft within 48 hours, final within 7 days,
(; Prepare graphics and plans for presentations.
(; Make oral presentations.
(; Set-up and take-down meeting equipment.
(; Draft news releases and provide to City and FDOT for inclusion in the weekly
news release.
(; Property owner letters: The CONSULTANT will prepare the letters, insert them
in envelopes, address the envelopes and deliver to the postal facility.
(; Prepare brochures, handouts, comment cards, staff name tags and other
miscellaneous items.
(; Draft public advertisements and provide to the City and FDOT' s Public
Information Office for approval prior to publication in English and Spanish.
(; Prepare letters in response to comments received as a result of the PIP process.
(; Prepare plans and report(s) for display to the public three (3) days prior the
meeting, at designated public locations.
(; Prepare a public meeting summary document with the following suggested
features:
* Table of contents
* List of speakers with paraphrased comment
* Written comments received
* Attendance sheet
* Documentation of Legal Notice.
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H. NEWSLETTERS AND FLYERS
The CONSULTANT will design, prepare, print and distribute quarterly editions of a multi color
newsletter. The distribution will be to all or part of the Project mailing list, and by hand delivery
to key locations easily accessible to the public, including key locations outside of Miami Beach,
such as major airport rental car agencies, and other appropriate locations.
A weekly progress report/traffic alert in the fonn of a flyer or postcard to explain construction
activities will also be prepared and distributed..
I. MEETINGS WITH PUBLIC INFORMATION OFFICERS
The CONSULT ANT will meet with the City Project Manager Team and the FDOT Public
Infonnation personnel on a monthly basis. In addition, CONSULTANT will maintain contact
with the City's Tourism & Convention Coordinator, Service Delivery Manager, and Assistant
Chief of Police.
J. CONT ACTS WITH ELECTED OFFICIALS
There is a chain of command in establishing and maintaining contact with elected officials. The
City Project Manager will coordinate such liaison.
The CONSULTANT will hold an executive briefing for the City's high level appointed and
elected officials as well as FDOT personnel. This will be done at the onset of the Project so they
can be apprised of the schedule and the work to be done, Infonnation to be transmitted to public
officials may be included in the mail-out list.
K. DISTRIBUTION OF PUBLIC INVOLVEMENT PRODUCTS
Preparation and distribution of materials will be the responsibility of the CONSULTANT,
including paying for postage.
L. TELEPHONE SERVICES
The CONSULT ANT will provide a Project telephone number that will be monitored on a 24-
hour, seven day a week basis, by a professional service. The CONSULTANT will provide an on-
call duty officer at all times to answer emergency calls, and caller comments will be documented.
The CONSULTANT's telephone number will be posted on the City and FDOT sites.
M. INTERNET SITES
The CONSULTANT will work with the City and FDOT and provide them text for linkage with
their respective websites. The CONSULTANT will provide updates of the infonnation and will
answer all e-mail communications,
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N. TRA VELER INFORMATION RADIO NETWORK (TIRN'l
The CONSULTANT will provide Project related information for inclusion on FDOT's Travelers
Information Radio Network.
O. SPECIAL PUBLIC INVOLVEMENT REOUIREMENTS
<) The CONSULTANT will work with the City's Project Manager, Service Delivery
Manager, Tourism & Convention Cordinator, Police Major, Miami Beach
Chamber of Commerce, area business associations, specialty business associations
and larger employers. It will concentrate on the hospitality industry, because its
viability is of critical importance to the City's economy.
<) As a means of unifying and organizing the City's many recognized opinion
leaders and networking organizations, the CONSULTANT will organize and
coordinate the work of a Stakeholders Task Force. Open to any stakeholders
(including the City, FDOT, property owners, business owners/operators and
resident of residential properties within the Project area), the Task Force will meet
regularly but be managed on a day-to-day basis by an executive committee.
<) The CONSULTANT will establish an office in close proximity to the Project area.
As deemed necessary by the City and FDOT, a member of the CONSULTANT
team will be available at the trailer site or designated construction office,
<) The CONSULTANT will maintain a 24-hour hotline with updated information
and provide/document emergency on-call services.
<) CONSULT ANT will have the capability to respond to any emergency calls within
one (1) hour of notification.
<> The CONSULTANT will work with the City, FDOT, and the Project
engineer/construction company to develop images that clearly depict how the
AlA/Collins Avenue Corridor will look after the Project completion. This
graphic depiction will be useful in gaining and maintaining public support. The
public is likely to be more tolerant of whatever inconveniences and stresses will
occur during construction, if they have an understanding and appreciation of the
Project itself. Such material will be reproduced in color and distributed among
all stakeholders.
01/31/01
P;\~W4UA't.Ol'ES'COUCOPWI'I)
11
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SUMMARY OF ESSENTIAL CITY DUTIES
The City will playa pivotal role in both the Public Involvement Program and the Collins Avenue
Reconstruction Project, that will involve the following activities:
1. Establish a Stakeholders Task Force composed of hoteliers, business owners and
residents, to monitor the Project.
2. The Parking Department will coordinate and implement parking and loading programs
along 17th and 18th Streets.
3. The City will monitor and assess the construction schedule and the maintenance of traffic
plan (MOT), on a daily basis.
4. The Consultant will work directly with the following assigned City personnel:
o Matthew Schwartz, Assistant Manager assigned to oversee the Project and assess
its impact to hotels, local businesses, and stakeholders.
(305) 673-7000, Ext. 6606
o Joseph Johnson, Transportation/Concurrency Management Director, As the PIP
Project Manager, Mr. Johnson will administer and oversee the Consultant
contract and deal with all transportation-related issues
(305) 673-7000, Ext. 6105
o Lynn Bernstein, Community Resources Manager, will help resolve public right-
of-way, hotelier and stakeholder issues
(305) 673-7000, Ext. 6178
o Michael Aller, Convention & Tourism Coordinator, for visitor/tourist/convention
related issues. (305) 673-7000 Ext. 6427
o Major Gerard Tollefsen), Police Department, for MOT enforcement issues
(305) 673-7000, Ext. 5331
o Kevin Perkins, Construction Manager, at (305) 673-7000, Ext, 6577
plus Contacts at FOOT:
o David Rosemond, Public Information Director, at (305) 470-5277
o Mario Cabrero, Construction Manager, at (305) 935-8990
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A complete listing (including available Fax, cellular, and beeper numbers, and e-mail
addresses) will be furnished to the Consultant at the contract's inception.
5. Additional staff from various City Departments will be assigned to work with and
provide support to the Consultant and IFDOT project managers in resolving serious
problems, issues, and concerns.
6, Due to the complexity of the project, the Administration will continue to hold a weekly
coordination meeting with all departments, which are directly or indirectly involved in
the Project.
7. The City will work with the construction company to develop a signage program which
identifies access to businesses along Collins A venue.
8. The City will designate a spokesperson to deal with the media, as well as a point of
contact to approve news releases, advisories and bulletins.
,,\lfOU"TIlJ>'AKI~U\ID''''\"''t..:o..._
13
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3055734466
COMMUt-lIKATZ
PAGE 02
January 31.2001
Matthew Schwanl
Assistant City Manager
City of Miami Beach
1700 Convention Center Drive
Miami, Beach, FL 33139
Re: Stakeholder meetings and contact log
Dear Matthew:
Thank you for relaying Commissioner Matti Bower's questions. Michelle Burger and I have had separaIe
conversations with the Commissioner in recent days and we know of her keen interest in the Collins
Avenue Community Awareness Program which we have been recommended to perfurm. It is reassuring to
know there is strong support for this program amoll85t the city's elected oflicbls.
Since I am writing this from home, I do not have the benefit of checking our files. Noncthde5S. I believe
that the FDOT description for a CAP, the RFQ fur this CAP, and the Scope of Services in the agroaneDt
for this CAP require frequent meetings with affected parties, records kept on such meetings and the
maintenance of a contact log. Purthermare, we e;qJtessed the need for such in our written submission alid in
our oral presentation. Simply stated: we commit to bi-weelcJy meetings with affected parties, to mamtai:d!ng
records on those meetings and to mamtaining a log of all contacts.
So that there is no misunderstanding from the st>rt, we believe it would be unproductive to mix various
types of affected parties at regularly occurring meetings, Accordingly, our primary focus ofwed:\y
meetings will be the owner/operators of the hotels, restaurants, shops and other businesses. Alternate means
of COIIIll1unicatian 'Will be used to maintain contact with area residents. In all likelihood, there will be
weekly meeti.l\gs with business interests.
I am hopeful this writing adequately addresses Commissioner Bower's concerns. We do loolc forward to
continued dialog.
Sincerely,
~'c>:~
Eric S. Kall:
(dictated byRic Kall: and signed in his absence)
COMMUNJ/<ATZ, INC.
4141 N;:Se'.:o~AvP."uf.:.Suit~ ICID.~l~mi. r:1..33137
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