HomeMy WebLinkAboutR-94-0076w
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RESOLUTION No.
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE
CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT, IN SUBSTANTIALLY THE
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ATTACHED FORM, WITH MRA INTERNATIONAL, INC.
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("CONSULTANT") TO PROVIDE EXPERT PLANNING AND
ECONOMIC ANALYSIS SERVICES FOR THE
BICENTENNIAL PARK/FEC TRACT PROJECT ("PROJECT"),
AT A COST NOT TO EXCEED FIFTY THOUSAND DOLLARS
($50,000.00), FOR THE PERIOD OF FEBRUARY 21 TO JUNE
' 30, 1994; ALLOCATING FUNDS THEREFOR FROM SPECIAL
PROGRAMS AND ACCOUNTS.
WHEREAS, the City Commission adopted on May 28, 1987, Resolution No. 87-515
adopting, in principle, The Downtown Waterfront Master Plan which established design and
development objectives for improvement of the Bicentennial Park and Florida East Coast Tract
sites; and
WHEREAS, The Port of Miami of Metropolitan Dade County ("County"), has proposed
a joint City of Miami ("City")/County development of the Waterfront Master Plan concepts for
maritime cruise facilities and associated park and recreational/cultural facilities; and
WHEREAS, the City must refine the 1987 Master Plan's preliminary development
concepts for site uses, infrastructure improvements, site design and project economic feasibility
to establish a basis for the terns and conditions of an interlocal City/County development
agreement required for implementation of the project; and
WHEREAS, the Consultant has the necessary professional qualifications required to
assist the City of Miami with the preparation and refinement of these concepts; and
ATTIACMh �L�'
CITY COON
MEETING OF
FEB 17 1994
Resolution No,
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WHEREAS, the Consultant has expressed a desire to perform the required professional
services for the City;
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NOW, THEREFORE, BE IT. RESOLVED BY THE COMMISSION OF THE CITY OF
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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.
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'Section 2. The City Manager is hereby authorized to enter into a professional
services agreement in substantially the attached form, with MRA International, Inc. for planning
and economic analysis services at Bicentennial Park and the FEC Tract, with funds therefor
hereby allocated for said services, in an amount not to exceed $50,000.00, from Special
Programs and Accounts.
Section 3. This Resolution shall become effective immediately upon its adoption.
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SCOPE OF SERVICES:
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The CONSULTANT shall provide the following professional services:
1. Prepare Conditions, Scone And PerformanceExpectations For Development
Of Subiect Site As A Visitor Destination Complex.
As one of the conditions related to the transfer of the City's property via the
Interlocal Agreement, it is imperative that a clear understanding of the desired
development approach be conveyed. The CONSULTANT team will prepare a
conceptual development framework which outlines the scope, type and quality of
development sought by the CITY as a condition for transfer of the property. In this
regard, it is assumed that creation of a visitor destination serves the mutual interests of
the CITY and Dade County.
2. Optimization Of Economic Benefits/Public Obiectives.
As part of the formulation of the Interlocal Agreement, CONSULTANT will
evaluate the economic and financial factors which contribute to project feasibility and to
economic returns to the CITY. The CONSULTANT will also evaluate the City's Master
Plan Objectives, as these relate generally and specifically to the project. These
evaluations will be used to structure an Interlocal Agreement which maximizes the
benefits of the project to the CITY and serves to enhance the implementation, including
the facilitation of private investment.
3. Provide Participative Position For The City Of Miami Related To Value
Creation And Revenue Generation Resultina From The Development.
Define forms of participation which allow the CITY to benefit over the life of the
project from its " contribution of resources and efforts in creating. a successful
development. Participation will be evaluated against a number of development scenarios
to provide optional economic positions for the City commensurate with its contributions
and the nature of the realized development.
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4. Provide Review And Counsel As To The Structure And Terms Of The
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Interlocal Agreement
Assist the CITY in formulating and defining the terms and conditions of an
interlocal agreement between the City of Miami and Metropolitan Dade County for the
transfer of a longterm leasehold interest in the project site with provisions supporting the
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attainment of the CITY's development objectives and a fair market return on the CITY's
committment of resources.
5. Economic Performance Analysis.
The.CONSULTANT will provide a preliminary estimate of the economic performance of
the proposed project, both with and without the proposed cruise ship facility, to set
parameters for the CITY regarding expectations of returns. The focus of the analysis will
be on the CITY's potential to create a partnership (or other contractual relationship) with
a private development partner, given various expectations regarding the performance of
the project.
The CONSULTANT will also evaluate the proposed project in relation to the CITY's
Master Plan objectives. Finally, the CONSULTANT will evaluate the Interlocal
Agreement with respect to the attraction of private investor and developer participation.
III.
COMPENSATION:
A. CITY shall pay CONSULTANT, as compensation for the performance of services
required pursuant to Section II hereof, a fee not to exceed Fifty Thousand Dollars
($50,000.00).
B. Such compensation shall be paid on the basis of monthly itemized invoices to the
CITY for the performance of services rendered. Personal service fees shall be billed at
the rate of One Thousand Two Hundred and Fifty Dollars ($1,250.00) per day per
CONSULTANT principal. Communication, travel and per diem expenses shall be billed
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WITH A COPY TO:
Department of Development
Du ont Plaza Center, Suite 400
p
300 Biscayne Boulevard Way
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Miami, Florida 33131
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
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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 other provision hereof, and no {
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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 unenforcable under the laws of the State of Florida 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 either event, the remaining terms and provisions of this Agreement shall
remain unmodified and in full force and effect.
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OWNERSHIP OF DOCUMENTS
All documents developed by CONSULTANT under this Agreement shall be delivered to
CITY by said CONSULTANT upon completion of the services required pursuant to Section II
hereof and shall become the property of CITY, without restriction or limitation on its use.
CONSULTANT agrees that all documents maintained and generated pursuant to this contractual
relationship between CITY and CONSULTANT shall be subject to all provisions of the Public
Records Law, Chapter 119, Florida Statutes.
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X.
CONSTRUCTION OF AGREEMENT:
This Agreement shall be construed and enforced according to the laws of the State of
Florida and venue shall be in Dade County, Florida.
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SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties herein, their heirs, executors, legal
representatives, successors, and assigns.
XII.
INDEMNIFICATION:'
CONSULTANT shall indemnify and save CITY harmless from and against any and all
claims, liabilities, losses, and causes of action which may arise out of CONSULTANT's
negligent activities .under this Agreement, including all other negligent acts or omissions to 'act
on the part of CONSULTANT, including any person acting for or on its behalf, and from and
against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such
claims, or in the investigation thereof.
XIII
CONFLICT OF INTEREST:
A. CONSULTANT covenants that no person under its employ who presently
exercis6 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 interest on the part of
CONSULTANT or its employees, must be disclosed in writing to CITY.
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B. 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
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Code Section 2-11.1) ,and the State of Florida, and agrees that it shall fully
comply in all respect with the terms of said laws.
XIV.
INDEPENDENT CONTRACTOR:
CONSULTANT and its employees 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 the CITY, or any rights generally afforded
classified or unclassified employees; further he/she shall not be deemed entitled to the Florida
Workers' Compensation benefits as an employee of CITY.
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TERMINATION OF CONTRACT:
Both parties retain the right to terminate this Agreement at any time prior to the
completion of the services required pursuant to Section H hereof without penalty to either. In
that event, notice of termination of this Agreement shall be in writing to the other given at least
'ten (10) days in advance of termination. CONSULTANT shall be paid for those services
performed`: prior to the effective date of termination. In no case, however, willCITYpay
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.
XVI.
NONDISCRIMINATION:
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APPROVED AS TO INSURANCE
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REQUIREMENTS:
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' . SUJAN S. CHABRA, DIRECTOR
Risk Management
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