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HomeMy WebLinkAboutR-95-0190A J-95-211 03/01/95 RESOLUTION NO. 9 5— 190 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO SELECT A CONSULTANT AND ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH SAID CONSULTANT, IN SUBSTANTIALLY THE ATTACHED FORM, TO PROVIDE EXPERT PLANNING AND ECONOMIC ANALYSIS SERVICES FOR THE FORMULATION OF THE US NAVAL RESERVE CENTER - TIGERTAIL REDEVELOPMENT PLAN ("PLAN"), ALLOCATING FUNDS THEREFORE IN AN AMOUNT NOT TO EXCEED $ 50,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, FURTHER AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE DEPARTMENT OF DEFENSE, OFFICE OF ECONOMIC ADJUSTMENT, TO OBTAIN REIMBURSEMENT OF SAID FUNDS. WHEREAS, the Department of the Navy has determined that the City of Miami is entitled to proceed under new procedures set forth in the Base Closure Community Redevelopment and Homeless Assistance Act of 1994 (the "ACT") to act as the redevelopment authority for the US Naval Reserve Center - Tigertail, GSA Control Number 4-N-FL-962 ("PROPERTY); and WHEREAS, the City Commission adopted Resolution No. 94-828, designating itself as the Local Redevelopment Authority ("LRA") for the PROPERTY; .ETA ATTAaCIQ T.V11T ( S ) I CON a A M En :CITY CSSIO.ta MEETING OF MAR Q 9 1995 Resolution No, 95— 190 G 1 WHEREAS, pursuant to the ACT, the City Commission, is required to request notices of interest and program needs from state and local governments, representatives of the homeless and other interests in the vicinity of the PROPERTY within one to six months of the date (December 12, 1994) the City elected to proceed under the ACT; and WHEREAS, within nine months after the deadline for receipt of the notices of interest and program needs, the LRA must prepare a redevelopment plan, hold a public hearing, and submit an application to the Secretary of Defense and the Secretary of Housing and Urban for re -use of the PROPERTY; and WHEREAS, the City desires to engage a Consultant to render certain technical advice and assistance in connection with such undertakings; NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF 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 City Commission hereby authorizes the City Manager to select a Consultant and enter into a Professional Services Agreement, in substantially the attached form, with said Consultant, pursuant to Section 18.522, City Code of the City of Miami, Florida, as amended, to: (1) evaluate and determine the feasibility of applications for re -use submitted to the City, as the Local Redevelopment Authority for the PROPERTY; 95- 190 2 (2) establish the optimal re -use for the PROPERTY; (3) prepare a Redevelopment Plan for said re -use; and (4) submit an application for approval of the Redevelopment Plan to the Secretary of Defense and the Secretary of Housing and Urban Development. Section 3. Compensation for the above services is hereby allocated and authorized to be paid from funds available in Special Programs and Accounts, in an amount not to exceed $50,000. Section 4. The City Commission further authorizes the City Manager to submit a grant application to the Department of Defense, Office of Economic Adjustment, to obtain reimbursement of said funds. Section 5. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 9 th day of March , 1995. ATTEST: MA Y HIRAI, CITY CLERK r STEI41EN P. CLAIK, MAYOR 95- 190 1:- FINANCE REVIEW: CARLO ARCIA DIRECTOR FINANCE DEPARTMENT PREPARED AND APPROVED BY: LINDA K. KEARSON ASSISTANT CITY ATTORNEY 4 BUDGETARY REVIEW: A---- MANOHAR S. SURANA DIRECTOR DEPARTMENT OF BUDGET APPROVED AS TO FORM AND CORRECTNESS: E4 •' 95- 190 This agreement is entered into this day of , 1995, by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY" and hereinafter referred to as "CONSULTANT". RECITALS: WHEREAS, the City Commission, in its capacity as the Local Redevelopment Authority for the Naval Reserve Center at Coconut Grove, Miami, Florida, desires to receive and review notices of interest from eligible applicants under the Base Closure Community Redevelopment and Homeless Assistance Act of 1994 with reference to the Naval Reserve Center, Coconut Grove, Miami, FL, establish the optimal re -use for the facility and prepare a Redevelopment Plan for the facility and its vicinity for submission to the Secretary of Defense and the Secretary of Housing and Urban Development; and WHEREAS, the CITY desires to engage the CONSULTANT to render certain technical advice and assistance in connection with such undertakings of the CITY; NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto stipulate, understand and agree as follows: 95- 190 15 I. TERM A. The term of this Agreement shall commence on March 9, 1995 and shall terminate May 31, 1996. B. The CITY or the CONSULTANT may cancel this agreement at any time with or without cause and without penalty, before the expiration of its term by giving the other party written notice of such cancellation at least seventy-two (72) hours prior to the date of cancellation. C. Should this agreement be canceled prior to its expiration date, compensation shall be paid to the CONSULTANT pro rated to the effective date of cancellation. 11 SCOPE OF SERVICES The CONSULTANT shall perform all the necessary services under this agreement in connection with and respecting, but not limited to, the following projects: 1. LOCAL SCREENING 2. PREPARATION OF REDEVELOPMENT PLAN 3. PREPARATIO AND SUMBISSION OF APPLICATIONN TO SECRETARY OF DEFENSE AND SECRETARY OF HOUSING AND URBAN DEVELOPMENT FOR APPROVAL OF REDEVELOPMENT PLAN 4. DEVELOPMENT OF ASSESSMENT AND MONITORING GUIDELINES Within the above listed scope of services the CONSULTANT at the direction of the CITY shall perform and carry out duties and procedures by using the 95- 190 z CONSULTANT's best efforts, as determined by the CITY which shall include, but not limited to, the following: A. LOCAL SCREENING In the initial phase of the process, Consultant shall: Be responsible for reviewing responses of interested parties under previous process and contact each so that they may have an input in the process, as required; Meet with homeless providers, previous applicants and other groups that have shown interest in re -using the site to establish their needs and inform them of the new process; Establish a deadline for submission of proposals for re -use of the base --not less than 1 ' month, not more than 6 months from submittal of request with respect the installation; Coordinate publication of deadlines and other pertinent information; notify Department of Defense of such deadline; Provide information as to format of notice of interest that interested homeless service providers and other potential re -users should submit to the LRA The notice of interest must include the following information: a. a description of the homeless assistance program that the representative proposes to carry out at the installation; b. An assessment of the need for the program; c. A description of the extent to which the program is or will be coordinated with other homeless assistance programs in the communities in the vicinity of the installation; d. A description of the buildings and property at the installation that are necessary to carry out the program; e. A description of the financial plan, the organization, and the organizational capacity of the representative to carry out the program; and f. An assessment of the time required in order to begin carrying out the program; and Assist interested parties in evaluating buildings and properties. B. REDEVELOPMENT PLAN In this phase of the project, the Consultant shall: Receive notices of interest and facilitate the review process of all such notices submitted to the LRA; Prepare a redevelopment plan for the installation within 9 months of deadline for submission of notices of interest, in accordance with the guidelines established by the 95- 190 3 Base Closure Community Redevelopment and Homeless Assistance Act of 1994 and in consideration of the needs and interests established to exist in the community. Consultant shall bear in mind that the plan must, with respect to expressed homeless interests: a. take into consideration the size and nature of the homeless population in the communities in the vicinity of the installation, the availability of existing services in such communities to assist the homeless, and the suitability of the building and property covered by the plan for the use and needs of the homeless: b. take into consideration any economic impact of the homeless assistance under the plan on the communities in the vicinity of the installation; c. balance in an appropriate manner the needs of the communities in the vicinity of the installation for economic redevelopment and other development with the needs of the homeless in such communities; d. be developed in consultation with representatives of the homeless and the homeless assistance planning boards, if any, in the communities in the vicinity of the installation; and, e. specify the manner in which buildings and property, resources, and assistance on or off the installation will be made available for homeless assistance purposes; Establish contact with the Miami Coalition for the Homeless in order to assure that the plan adequately addresses the needs of the homeless identified in their application. Consultant shall make recommendations as to: i. properties, on or off the installation, that are substantially equivalent to the properties covered by the application; ii. sufficient funding required to secure such substantially equivalent properties; iii. services and activities that meet the needs identified in the application; or iv. a combination of the properties, funding and services and activities described above; and C. APPLICATION PROCESS Consultant shall also: Prepare an application for submission to Department of Defense and DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT -- within 9 months of deadline for submission of notices of interest. Said application shall include: a. A copy of the redevelopment plan with a summary of any public comments received on the plan. b. A copy of each notice of interest to assist the homeless received, with a discussion of how the plan addresses that interest. c. A summary of the outreach to representatives of the homeless undertaken by the LRA. 95- 190 4 d. A statement identifying the representatives of the homeless and the homeless assistance planning boards, if any, with which the LRA consulted in preparing the plan, and the results of such consultations. e.. An assessment of the manner in which the plan balances the needs of the homeless and the need of the communities in the vicinity of the installation for economic and other development. f. Copies of any legally binding agreements that the LRA proposes to enter with representatives of the homeless that provide for the use to assist the homeless; Establish contact with DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT and Department of Defense in order to fine-tune application prior to its. submission; and Submit application to Department of Defense and DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT on a timely basis. CONCLUSION OF APPLICATION PROCESS The Consultant shall, if necessary, negotiate with DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT and modify Redevelopment Plan according to DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT requirements before and during the review process. D. ASSESSMENT AND MONITORING Finally, in order to measure the effectiveness of the program and timeliness with which its goals and objectives are met, Consultant shall design and implement a system that the LRA may utilize in its task of monitoring progress during the implementation of approved re -use, and of assessing service provider's compliance with redevelopment plan. E. Be available for consultation regarding ASSESSMENT AND MONITORING phase of the project. A. The CITY shall pay to the CONSULTANT, an amount not to exceed $50,000 which shall constitute full and complete compensation from the CITY for the CONSULTANT's services hereunder, payable in amounts not to exceed the following: 1. 100% upon completion and delivery of the final Redevelopment Plan. 95- 190 5 B. It is expressly understood and agreed that in no event will the total compensation and reimbursement, if any, to be paid hereunder exceed the maximum sum of $50,000 for all of services required. It is further understood that the CITY shall bear sole responsibility for its payments to the CONSULTANT. C. The CITY shall have the right to inspect and/or audit the books and records of the CONSULTANT. 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. V. 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 delivered by personal service, or by registered mail addressed 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 posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI CONSULTANT Department of Development & Housing Conservation 300 Biscayne Boulevard Way, Suite 400 Miami, Florida 33131 6 95- 190 B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. 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 or any provision hereof, and no waiver shall be effective unless made in writing. E. Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the United States, State of Florida, County of Dade, or the City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, 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. VI. OWNERSHIP OF DOCUMENTS All documents developed by CONSULTANT under this Agreement shall be delivered to CITY by CONSULTANT upon completion of the services required pursuant to Section II hereof and shall become the property of CITY, without restriction or limitation on their use. CONSULTANT agrees that any and all documents maintained and generated pursuant to this contractual relationship between CITY and 95- 190 CONSULTANT shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes (1987). It is further understood by and between the parties that any documents which are 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 CONSULTANT for any other purpose whatsoever without the written consent of CITY. VII. NON-DELEGABILITY The obligations undertaken by CONSULTANT pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the performance or assignment of such services or any part thereof by another person or firm unless CITY shall first consent in writing to the performance or attainment of such services or any part thereof by another person or firm. VIII. AUDIT RIGHTS CITY reserves the right to audit the records of CONSULTANT pertaining to any billings to CITY for time or expense at any time during the performance of this Agreement and for a period of one year after final payment is made under this Agreement. s 95— 190 CONSULTANT warrants 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 pay, paid, or agreed to pay any person employed by CITY any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. •\ 6. 11 Val•k • ON This Agreement shall be construed and enforced according to the laws of the State of Florida. XI, SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and authorized assigns. FAM01j"IMMM214YA30-141,42 CONSULTANT shall indemnify and save CITY and its officials harmless from and against any and all claims, liabilities, losses, and causes of action, which may arise out of CONSULTANT's performance under the provisions of this Agreement, including all acts of omissions to act on the part of the CONSULTANT, including any person performing under this Agreement for or on CONSULTANT's behalf, provided that any such claims, liabilities, losses and causes of such action are attributable to the fault of 95- 190 E CONSULTANT, and, from and against any orders, judgments or decrees which may be entered and which may result from CONSULTANT's performance under this Agreement, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof. If CITY chooses to defend any action on behalf of itself, it shall bear its own costs of defense, and if the provisions of this indemnity provision are applicable, CONSULTANT shall indemnify CITY accordingly. In any event, CITY shall promptly notify CONSULTANT as soon as it has notice of any matter for which indemnity provision may be applicable. CONSULTANT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interest, direct or indirect, in the work product of this Agreement. CONSULTANT further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests on the part of CONSULTANT or its employees must be disclosed to CITY. CONSULTANT, in the performance of this Agreement, shall be subject to the more restrictive law and/or guidelines regarding conflict of interest promulgated by federal, state or local government. CONSULTANT is aware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Dade County Florida (Dade County Code 95- 190 10 Section 2-11.1) and the State of Florida, and agrees that it will fully comply in all respects with the terms of said laws. CONSULTANT and its employees, SUBCONSULTANT, and agents shall be deemed to be independent contractors, and not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of City, or any rights generally afforded classified or unclassified employees; furthermore, its agents or employees shall not be deemed entitled to the Florida Worker's Compensation benefits as an employee of the CITY. XV, TERMINATION OF AGREEMENT CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to Section II hereof without penalty to CITY. In that event, notice of termination of this Agreement shall be in writing to CONSULTANT who shall be paid for those services performed prior to the date of its receipt of the notice of termination. In no case, however, will CITY pay CONSULTANT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between CITY and CONSULTANT that any payment 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, CITY shall in no way be obligated and shall not pay to the 95- 190 CONSULTANT any further sum whatsoever and -shall, upon request, be reimbursed for any past payments. It is further understood that should CONSULTANT fail to perform any of the services under this Agreement, CITY agrees that CONSULTANT's entire liability and CITY's sole and exclusive remedy for claims in connection with or arising out of this Agreement, for any cause whatsoever, and regardless of the form of action, shall be CITY's fees under this Agreement, which fees were received by CONSULTANT. CONSULTANT agrees that it shall not discriminate as to race, sex, color, creed, age, national origin, or handicap, in connection with its performance under this Agreement. CONSULTANT acknowledges that it has been furnished a copy of Ordinance No. 10062, the Minority and Women Business Affairs and Procurement Ordinance of the City of Miami, and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. 12 95- 190 4xv Funding for this Agreement is contingent on the availability of funds and 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, then CITY, at its sole option and upon written notice to CONSULTANT, may cancel and terminate this Agreement, and all payments, advances, or other compensation paid to CONSULTANT by CITY while CONSULTANT was in default of the provisions herein contained, shall be forthwith returned to CITY provided CONSULTANT was given written notice of such default and the opportunity to cure the same, but failed to do so. XX. ENTIRE AGREEMENT This instrument and its attachments constitute the sole and only Agreement of the parties hereto relating to said services and correctly set for the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 95- 190 13 XXI. AMENDMENTS No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, this day and year first above written. ATTEST: MATTY HIRAI CITY CLERK WITNESS: WITNESS: 14 CITY OF MIAMI, A Municipal Corporation of the State of Florida: IM CESAR H. ODIO CITY MANAGER CONSULTANT: 95- 190 APPROVED AS TO INSURANCE REQUIREMENTS: INSURANCE MANAGER W APPROVED AS TO FORM AND CORRECTNESS: A. QUINN JONES, III CITY ATTORNEY 95- 190 WHEREAS, to enter into a Professional Services Agreement with the City of Miami; and desires WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the president and secretary are hereby authorized and instructed to enter into a contract in the name and on behalf of this corporation with the City of Miami upon the terms contained in the proposed contract to which this resolution is attached. DATED this day of , 1995 CHAIRPERSON OF THE BOARD OF DIRECTORS SECRETARY (SEAL) 16 95- 190 TO Honorable Mayor and Members of the City Commission Cesar H. FROM City.; >� RECOMMENDATION: CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE : February 15, 1995 31 FILE : SUaJECT : Approval of Resolution to select a consultant and enter into a Professional Agreement for preparation of a Redevelopment Plan for the Naval Reserve Center REFERENCES: City Commission Meeting of 03/09/95 ENCLOSURES: 2 It is respectfully recommended that the City Commission adopt the attached Resolution authorizing the City Manager to select a consultant and enter into a Professional Services Agreement with said consultant, in substantially the attached form, to prepare a Redevelopment Plan for the Naval Reserve Center in Coconut Grove, for the period March 9th, 1995 through May 31; 1996, in an amount not to exceed $50,000'. BACKGROUND: On November 17, 1994 the City Commission adopted Resolution 94-828, which designated'the City Commission the Local Redevelopment Authority for the Naval Reserve Center, with" the purpose of seeking notices of interest from eligible applicants for re -use of the site, in such a manner as to balance the needs of the homeless and those of the community, in the process of preparing a Redevelopment Plan for the facility. _ Given the crucial role that the City will perform in the preparation of the Redevelopment Plan, and the time constraints imposed by the Base Closure Community Redevelopment and Homeless Assistance Act of 1994, it is recommended that we contract with a consultant capable of providing the City with expert planning and economic analysis services to assist us with the timely completion of the project. Attachments: Proposed Resolution Professional Services Agreement 95-- 190 I IAA 31-1