HomeMy WebLinkAboutR-96-0649r
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RESOLUTION NO. 9 6 "` 6 4 9
A RESOLUTION, WITH ATTACHMENT, APPROVING THE
FINDING OF THE C:ONSUL'rANT SELECTION COMMITTEE
WHICH DETERMINED THAT THE CHiESAPEAKE GROUP WAS
THE MOST QUALIFIED FIRM TO PROVIDE PROFESSIONAL
SERVICES AS AN ECONOMIC PLANNING CONSULTANT FOR
THE UPPER EASTSIDE COMPREHENSIVE ECONOMIC AND
MARKETING STRATEGIC PLAN; ALLOCATING FUNDS
THEREFOR IN THE AMOUNT OF $20,000 FOR A PERIOD OF
APPROXIMATELY THREE (3) MONTHS, FROM THE UDAG
MISCELLANEOUS REVENUE FUND OF 'SHE DEPARTMENT OF
COMMUNITY DEVELOPMENT/NiEIC;2HBORHOOD
ENHANCEMENT TEAM, ACCOUNT CODE NO.
45-02.23110041; AUTHORiZING THE CITY MANAGER TO
EXECUTE A PROFESSIONAL SERVICE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH THE
CHESAPEAKE GROUP TO PERFORM SAID SERVICES.
WHEREAS, the tipper Eastside Comprehensive Economic and Marketing Strategy
Plan (CEMSP) is a part of the (.Upper Eastside Master Plan (UPESMP) initiated by the City of
Miami's Department of Community Planning & Revitalization (CPR) at the urgent. request of
the Chester Biscayne Boulevard Chamber of Commerce and the homeowners associations
o.f the Upper Eastside; and
WHEREAS, the City of Miami issued a request for Qualifications (RFQ) for the
professional services of a qualified economic planning firm for the planning and preparation
of Comprehensive Economic and Marketing Strategy Plan (GEVISPI on July 16, 1996, for
the tipper Eastside neighborhood in the Cl(y of Miami; and
ATTACHMENT (S)
CONTAINED
cm COMiCSSION
M =12W OF
9 E P 12 1996
Res'Aut ova NO.
96" 649
WHEREAS. three (3) RFQ's were officially received by the City Clerk's Office on
July 31, 1996, by the advertised deadline time of 3:00 PM; and
WHEREAS, the Consultant Selection Committee, consisting of nine members, with
four being residents, property owners, and/or business owners of the Upper Eastside
community, and five employed by the City of Miami, most on August 15, 1996, reviewed
the RFCNs received by the City Clerk's Office and made the recommendation of the
Chmwpeske Group to the City Manager;;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY ielF
MIAMI, FLORIDA.
Section 1. The recitals and findings contained in the Preamble to this Resolution
are hereby adopted by reference thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The Miami City Commission hereby approves the finding of the
Consultant Selection Committee which determined that the Chesapeake Group was the
most qualified firm to provide professional servicas as an economic planning consultant for
the upper Eastside Comprehensive Economic and Marketing Strategic Plan, writh funds
therefor hereby allocated in the amount of $20,000, for a period of approximately three (3)
.months, from the UDAGI Miscellaneous Revenue fund of the Department of Community
Dove3lopment/Neighborhood Enhancement Team, Account Code No, 4"223110041,
Section 3. The City Manager is hereby authorized to execute a professional
services agreement, in substantially the attached form, with the Chesapeake Group to
perform said service.
Section 4. This Resolution shall become effective immediately upon Its adoption.
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PASSED AND ADOPTED this 12th_ day of Se_pem�) . 1I��6,
710F CAROLLO, MAYOR
ATTEST:
4/
"I . �W�Z_ -- - -
WALTER AEOEMAN �-
CITY CLERIC
(PREPARED AND APPROVED BY,
11
OLGA MIREZ-SEIJ gnw�&44
ASSISTANT CITY ATTORNEY
APPROVED, AS TO FORM AND CORRECTNESS:
W 1068:CSIC
96- 649
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DRAFT
PROFESSIONAL SFR"CES AGREEMENT
FOR A
COMPREHENSIVE ECONOMIC & MARKETING STRATEGY PLAN
This Agreement entered into this day of _, 1996, by and between the City of
Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY", and
'nit, CMSAPEAKE +QR.OLfP, hereinafter referred to as "CONSULTANT."
RECITAL:
WHEREAS, The UpperEastside Comprehensive Economic and Marketing Strategy Plan.
(CEMSP) is a part, of the Upper Eastside Master Plan (UPE SA&) initiated by the City of
N iarai*s Department of Community Planning & revitalization (CPR) at the urgenx, request of the
Greater Biscayne Boulevard Chamber of Commerce, and the homeowners associations of the
UpperEastside'; and
WHEREAS, 7'he primary objective of the study is to address commercial revitalization
stategies, infrastructure improvements and quality of life issues while maintaining and
enhancing the character of the Upper Eastside; and
WHEREAS, The City seeks to procure the professional services of an economic planning
fxm 4AOa*a fl produega study that will focus on azunerous economic development initiatives,
which will include innovative fimnein.,g strategies as well as implementation strategies, and
WHEREAS, The CONSUI.,TANT has the necessary professional qualifications roquired
to provide professional services for the CITY;
NOW, THEREFORE, in consideration of the rout aal covenants and obligations herein
contained, and subject to the terms and conditions hereinafter, stated, the parties hereto
understand and agree as follows:
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TERM:
The terra of this Agreement shall be for a three month (90 day) period commencing can
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the date of excretion of *aagreement. An extension of this time period may be granted by the
CITY upon approval of the Director of the Department of Community Planning and
ReN italization.
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SCOPE OF SERVICES:
CONSULTANT'S services under this agreement shall include:
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A) The CONSULTANT shall be under the supervision of Jack Luft, Director of the
Department of Community Planning and Revitali=tion.
B) The CONSULTANT shall un jertake and be responsible for the accomplishment
of die following activities, as may be required: professional market surveys,
market analyses, needs assessment, business retention, recruitment, &
development programs, and concept planning, and recommendations, for
innovative planning activity, , economic development implementation, parking
analyses, public and private f coding strmegies, creative financing, and business.'
wmmunity liaison etTorts.
C) The CONSULTANT shall prepare a draft report on the Upper EastsidEe CEMSP
for review by the CITY. Following CITY review and approval the
CONSULTANT shall prepare a final report on the Upper Eastside f;EMSP,
including a reproducible master and 25 copies.
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D) The CITY agrees to supply the following:
1. Plans, written material, and public documents describing the project and its
public purpose objectives.
2. Base maps, surveys and aerial photographs.
3. Senices, as .wired., of the project coordinator and gather staff- to assist in
project execution, including a review of concepts and scope of work.
E) The CONSULTANT shall provide its own office and work space.
MAMI UMC COMPENSATION/METHOD OF PAYMENT:
CITY shall pay CONSULTANT, as maximum compensation for the. services
required to be performed by the CONSULTANT under Section H hereof, a sum
not to exceed $20,000. The co--apensatign shrill be paid as follows:
A) Tire sum of $5,000 shall be paid by City to Consultant at the execution of contract.
B) 'The stmt of $5,000 shall be paid by City to Consultant at the mid -point of provision
of se rvices.(Drafk CEMSP)
C The sun of $10,000 sal be i� '
aid
p ' y City to Consultant within 30 days after City
atacc; of t e wo complied under this a ,meat"
D) Consultant shall be responsible for payment of all taxes and expenses Stich as income
tax, Social. Security, health and .major medical insurance, personal insuzancr, and
genezml eM, xnses in connection with this Agreement.
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E) All payments required hereunder shalt be made within 45 days following the City's
receipt of the corresponding invoice from the CONSULTANT together with a
certification by the Director for Commtuaity Planning and Revitalization that the work
has been performed to the satisfaction of the City.
IV.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
Both parties shall comply with all applicable laws, ordinances and codes of Federal, State
and Local Governments.
W.
GENERAL CONDITIONS:
A) All notices or other communications which shall or may be given pursuant to this Agreement
shall be in writing and shall be delivergd by messenger service or by angistered avail
ad&wse d. to the other party at the address indicated herein or as the same may be changed
from time to time. Such notice shall be deemed given on the day on which personally
served; or, if' by mail, on the fifth day after being pasted or the date of actual receipt,
whidhever is earliar.
CONSULTANT
The: Chesapeake Group
8 1ii Crean; Larle
Baltimore, Maryland, 21244
AttenUiow Howard S. Kohn
Pae�idmvproject Manager
(410) 265-1784
CITY OF MIANH
Community Plannh g and Revitalization
444 SW 2" Ave., 3'4 Floor.
Miami, Florida„ 33233
:Attention: Jack T uit, AICP
Director
(305) 416-1435
B) Iltle and paragraph headings am for convenient reference and are not a peat of this
Agmemont.
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C) In the event of conflict between the terms of this Agreement and any terms or conditions
contained in any attached documents, the terms in this Agreement shall rule.
D) No waiver or breach of any provision of this ,Agreement shall constitute a waiver of any
subsequent breach of the same of any other provision hereof, and no waiver shall be effective
unless made in writing.
E) Should any provision, pars ph, sentence, word or phrase contained in this Agreement be
deftnined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in
order to conform with such laws, or if not modifiable to conform with such laves, then same
shall be deemed severable, and in either event, the remaining terms and provisions of this
Agreement shall remain unmodified and in full force and effect.
V1.
C1'WNERSIW OF DOCUMENTS
All documents developed by CONSULTANT under this Agreement, shall be delivered to
CITY by wid CONSULTANT upon completion of the services required pursuant to Section H
hereof and slaaclt become the property of CTTY, without restrictions or limitation on their use;
p,ovided however, CITY shall not reuse such documents for projects, sites or purposes other than
the Upper Eastside CEMSP, without providing compensation to CONSULTANT in such Pmount
as the CONSULTANT and CITY shall mutually agree. CONSULTANT agues than all
4W,Uments maintained and generated pursuant to this contracnW relationship between CITY and
CONSULTANT' shall be subject to all provisions of the Public Records Law, Chapter 119,
Florida Statutes.
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It is further understood that any information, writings, maps, contract documents, reports,
or any other matter whatsoever which is given by CITY to CONSULTANT pursuant to this
Agreement shall at all times remain the property of the CITY and shall not be used by
C":ONSLYLTANT for any other purpose whatever without the written consent of CITY.
Y>li,
NONDEL.EGABILITY:
That the obligations undertaken by CONSULTANT pursuant to this Agreement shall not
be delegate or assigned to any other person or firm unless CITY shall first conssent m writing to
the; performance or assignment of such service or any part thereof by, another person or firm.
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AUDIT RIGHTS:
The CITY reserves -the right to audit the records of CONSULTANT at any time during
the performance of this Agreement and for a period of than years aver final payment is made
under this Agreement.
AWARD OF AGREEMENT:
CON MTANT wamints that it has not employed or retained any person employed by
CITY to solicit or secure this Agreement and that it has not offered to pays, paid, or agreed to pay
person employed by City any fee, commission, percentage, 'brokerage fee, or gift of any End
contingent upon or resuldag from the award ofthis Agreement,
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X.
CONSTRUCTION OFAGREEMENT:
117his Agreement shall be constructed and enforced according to the laws of the State of
Florida and venue shall lie in Dade County, Florida,
Ma.
SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties herein, their heirs, executors, legal
represtaftatives, successors and assigns.
X 1:.
INDE Ni[`IICATIONds
CONSULTANT shall indemnify and save CITY, its officials, employees, agents and
authorized representativesharmless from and against any and all claims, liabilities, losses, and
rawc—'of'actiou, including reasonable attomey's fees and court costs, in contract or in tort, in law
or in equity, which may arise out of consultant's negligent performance of this Agreement, as
determined pursuant to a final non -appealable order of a court of competent ju sdiction, in less
such negligent performance is caused in whole or in part by an official, employee, agent or
authorized representative of CITY. CITY shall notify CONSULTANT' in writing irrunediately
upon receiving notice of any matters for which this indemnification provision may be applicable.
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CONFLICT OF INTEREST.,
.A) CONSULTANT covenants that no person under its employ who presently exercises any
functions or responsibilities in connection with this Agreement has any personal financial
interests, direct or indirect, with CITY.CONSULTANT further covenants that, in the
performance of this Agreement, no -person having such conflicting interest shall be employed.
Any such interests on floe part of CONSULTANT or its employees, must be disclosed in
writing to CITY.
B) CONSULTANT is aware of the conflict of interest laws of the CITY of h6arni (City of
Wiami Code Chapter 2, Article V, Dade County Florida (Dade County Code Section 2-11.1)
and the State of Florida, and agrees that it shall fully comply in all respects with the tcrnms of
said laws.
XI V.
INDEPENDENT CONTRACTOR:
CONSULTANT and its employees and agents shall be deemed to be independent
contractors, and not agents or employees of CITY, and shall not attain any rights or benefits'
under the Civil Service or Pension Ord lnanc:.es of CITY, or any rights generally afforded
classified or unclassified employees,, further CONSULTANT shall not bi deemed entitled to the
Florida Workers' Compensation benefits as an employee of CITY.
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XV.
TERMINATION OF CONTRACT:
4k�
ik retainSthe right to terminate this Agreement at any time prior to the
compiedon of the services required under this Agreement without penalty to the CITY. In that
event, notice of termination of this Agreement shall be in writing by the CITY to the other given
at Iwit ton (l U) days in advanct of termination. CONSULTANT shall be. paid for those services
performed prior to the effective date of termination. In no case, however, will CITY pay
CONSULTANT an amount in excess of the total sum provided by this Agreement.
It is hemby understood by and between CITY and CONSULTANT that any paymIents_
made in accordance with this Section to CONSULTANT shall be made only if said
CONSULTANT is not in default under the terms of this Agreement. If CONSULTANT is in
default, then CITY shall inno way be obligated and shall not }gay to CONSULTANT any sum
whatsoover.
XVI,
NONDISCRIMINATION:
The CONSULTANT agrees that there shall be no discrimination because of race, color,*
sex, religion, age, creed, handicap, marital status or national origin, in connection with: its
performance under this Agrownent.
mwaaAf
Furthmwre;that no otherwise Qualified individual shall, solelyh re"on. of his/her race,
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sax, colors crVA. age, religion, national origin, marital status, or handicap, be excluded fn^,m the
paNicipation in, be denied benefits or, or be subjected to discrimination under any program or
W-tivity
XVIL
MINORITY PROCUREMENT COMPLIANCE:
CONSULTANT acknowledges that it has been furnished a copy of Ordinance No. 10062
the Minority Procurement Ordinance of the City of Miami, and agrees to comply with all
applicable substantive and procedural provisions therein, including any amendments thereto.
XVIII.
CONTMENCY CLAUSE:
Funding for this Agreement is c+m ingent on the availability of finds and continued
authorization for program activities wid is subject to amendment or termination due to lack of
funds, or, authorization, reduction of funds and/or change in regulations.
XIX..
DEFAULT PROVISION:
In the event that CONSULTANT shall fail to comply with each and every term and.
condition of this Agreement or fails to perform any of the terms and conditions contained herein,
%9n Gaee-M� aM Ln avd.I&O Av ail e:r- femur-s a04LWOPe ft)
then CITY, �t its sole , upon written notice to CONSULTANT may cancel andterminate-' kxf'IC14
this Agreement,' &--id all payments, advances, or other compensation paid to CONSULTANT; -by
CITY While CONSULTANT was in de:lault of the provisions herein contained., shall be forthwith
mturned to CITY.
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XX.
ENTIRE AGREEMENT:
This instrument iuxd its attachments constitute the sole and only Agreement of the parties
hereto relating to said ;grant and correctly sets forth the rights, duties, aid obligations of each to
the other as of its date. My prior agmments, promises, negotiations, or representations not
expressly set forth. in ;this Agreement are of no force or etTect.
XXI.
AMENDMENTS:
No amendments to this Agreement shall be binding on either party unless -in, wifing and
signed by both parties.
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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the
Irespective officials thereunder duly authorized, as of the day and year first above written.
ATTEST: CITY OF MIAW., a municipal
Corporation of the State of Florida
f
By: - -
WAL'1'ER FOGlasAN �i CESAR H. OD1.0� '
City Clerk City Manager
CONSULTANT:
The Chesapeake Croup
ATTEST: By:
Title:
Corporation Secretary
APP'RO IED AS TO INSURANCE
]ZEQUIREMIE (TS:
FRANK K. ROL'LASON1, DIRLCTOR
Risk Mamgement
APPROVED AS TO FORM AND
CORRECTNESS:
A. QUINN JONES�7�
City Attorney
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CITY OF WAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO. Honorable Mayor and Members
of the City Commission
FROM : Ces
City
R ECcONLMENDAT'IO+N:
DATE . :n •) FILS
suaFCT : Resolution Authorizing
Professional Services Agreement
for Lipper Eastside
REFER NOES : Comprehensive Economic and
Marketing Strategy 'Plan
ENCLOSURES For Commission Meeting Of Serftn bear 12, 19%
It is respectfully recommended that the City Commission adopt the attached Resolution
authorizing the City Manager to enter into a Professional Services Agreement with The
Chesapeake Group, Inc. (TCG) in an amount not to exceed $20,000 (including expenses) for
a comprehensive econorduc planning study pertaining to the Upper Eastside Master Plan,
commencing in September, 1996, and to be completed within approximately three months.
BACKGROUND:
The Department of Community Planning and Revitalization recommends that the City
Commission adopt the attached Resolution authorizing an economic planning study as part of
the Upper Eistside Master Plan.
The Lipper Eastside Comprehensive Economic .&; Marketing Strategy Plan (C:EMSP) is a parr:
of the Upper Eastside Master Plan (UPESlv11') being, prepared by the City of Miami's
Department of Community Planning & Revitalization (CPR) at the urgent request of the
Greater Biscayne Chamber of Commerce and the homeowners associations of the Upper
&0side. The primary objective of the study is to address commercial revitalization
strategies, in fitstructure improvements, and quality of life issues while maintaining and
eniumci:ng the character of the Upper Eastside. Some topics of primmy concern include, but
am not limited to, commercial revitalization/hotel-motel adaptive reuse strategies along
Biscayne Boulevard, parking and tragic circulation, housing opportunities in Eaton,.
Pn rk/Biseayne West area., and overall community character and design.
The scope of services of this professional services agreement focuses on economic
development initiatives to include innovative financing strategies as well as implementation
strategies fbr recommendations in the UPESMP. In addition, the consultant should eV. ect
significant citizen participation which will involve, at mirimurn., focus groups for the
discussion of goals and objectives of the Plan.
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A*
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Honorable Mayor and Members
of the City Commission
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i On ,august 15, 1996, the Cotssultant Selection Committee re«iewed the Request. for
Qualifications submitted by the three qualified economic planning firths, evaluated their
qualifications, and rated The Chesapeake Croup, Inc. as the most qualified firm.
A, reeormner.4ation has been submitted to the City Mmmger. The City Manager and CPR
staff will negotiate the scope of services of this project pending commission appioval.
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