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HomeMy WebLinkAboutR-94-0447J-94-511 6/17/94 9-4- ,47 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MRA INTERNATIONAL, INC, ("CONSULTANT") TO PREPARE A CONCEPTUAL REDEVELOPMENT PLAN FOR THE DINNER KEY AREA PROPERTIES INCLUDING VIRRICK GYM, DINNER KEY BOATYARD & MARINA, AND OTHER SURROUNDING PROPERTY OWNED BY THE CITY, IN AN AMOUNT NOT TO EXCEED FIFTY THOUSAND DOLLARS ($50,000.00); ALLOCATING FUNDS THEREFOR FROM SPECIAL PROGRAMS AND ACCOUNTS. WHEREAS, by Resolution 85-70, the City Commission adopted the Dinner Key Master Plan, establishing certain design and development objectives for improvement of the Dinner Key Area; and WHEREAS, the City needs to refine the 1985 Dinner Key master Plan's preliminary development concepts for site uses, infrastructure improvements, site design and project economic feasibility to establish a basis for the continued improvement and rehabilitation of the public waterfront; and WHEREAS, the Consultant has the necessary professional qualifications required to assist the City with the preparation and refinement of theses concepts; and WHEREAS, the Consultant has expressed a desire to perform the required professional services for the City; 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. Tm.. r, f �;L , L CITY rzoT�r;z�0 Pr-7-1 T IC OF , Resolution No, 94-- 447 Section 2. The City Manager is hereby authorized to enter into a professional services agreement, in substantially the attached form, with MRA International, Inc, to prepare a conceptual redevelopment plan for the Dinner Key Area property including Virrick Gym, Dinner Key Boatyard & Marina, and other surrounding property owned by the City, in an amount not to exceed fifty thousand dollars ($50,000.00); allocating funds therefor from Special Programs and Accounts. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 3 0 th day of June , 1994. ATTEST STEPH N P. CLARK, AYOR MATTY HIRAI, CITY CLERK PREPARED AND APPROVED BY: LINDA K. KEARSON ASSISTANT CITY ATTORN Y APPROVED AS TO FORM AND CORRECTNESS: A. QUIiV JO E , III CITY ATTO N 94- 447 PROFESSIONAL SERVICES AGREEMENT This Agreement entered into this _ day of _ , 1994, by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY", and MRA International, Inc., referred to as "CONSULTANT". R E- C I T A L: WHEREAS, the City Commission adopted on January 24, 1985, Resolution 85-70 adopting, in principle, The Dinner Key Master Plan which established design and development objectives for improvement of the Dinner Key waterfront; and WHEREAS, the CITY must refine the 1985 Master Plan's preliminary development concepts for site uses, infrastructure improvements, site design and project economic feasibility to establish a basis for the continued improvement and rehabilitation of the public waterfront; 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 WHEREAS, the CONSULTANT has expressed a desire to perform the required professional services for the CITY; NOW THEREFORE, in consideration of the promises, mutual covenants and obligations i herein contained; and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: TERM The term of this Agreement shall be sixty (60) days from the execution of the Agreement. 1 94— 447 II. SCOPE OF SERVICES: The CONSULTANT shall provide the following professional services: Task One: Provide a management function for the current citizen committee evaluative planning process underway. CONSULTANT will act as facilitators for the process of'soliciting SUggeSttoils Suggestions for the Use of Dinner Key and will also guide the process to produce a unified suggested development plan within the time frame established by the CITY Commission. Task Two: Evaluate existing proposals and recommendations for Dinner Key from an economic feasibility perspective. This evaluation will include indentification of additional work necessary to implement any suggested development plan, i.e. market studies, financial feasibility analysis, developer identification an solicitation, market driven phasing of improvements, etc. Task Three: Assist in the development of a conceptual framework that will outline the scope, type and quality of development that will comply with the strategic focus described above. This framework will be used to suggest an implementation strategy to the CITY that will maximize the likelihood of attracting private investment and sponsorship. 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). N 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 undred and Fifty Dollars ($1,250.00) per day per CONSULTANT principal. Communication, travel and per diem expenses shall be billed at cost and shall not exceed 'Ten 'Thousand Dollars ($10,000.00) in total, and are a part of the total $50,000.00 lec limitation. A retainer (cC of Fivc 'Thousand Dollars ($5,000,00) shall be payable by the CITY upon execution of a contract embodying the terms contained herein. C. The CONSULTANT and the CITY hereby agree that the maximum amount payable under this contract shall not exceed Fifty Thousand Dollars ($50,000.00), and that the CITY may immediately and at any time terminate this Agreement when the costs hereinabove reaches Fifty Thousand Dollars ($50,000.00). D. CiTY shall have the right to review and audit the time, payment and related records of CONSULTANT pertaining to any payment trade by the CITY under this Agreement. IV. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: CONSULTANT 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 messenger 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 94- 447 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 MIAML CONSULTANT; Cesar H. Odio, City Manager MRA International, Inc. City Hall Suite 501 3500 Pan American Drive 3600 Market Street, Dinner Key Philadelphia, Pa. 19104 Miami, Florida 33133 Phone (215) 382-8620 WITI l A COPY TO; Department of Development Dupont Plaza Center, Suite 400 300 Biscayne Boulevard Way Miami, Florida 33131 B. Title and parabraph 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 teens 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 other 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 ol'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 rnoditied 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. 4 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 MiAME CONSULTANT: Cesar 1-1. Odio, City Manager MRA International, Inc. City Flail Suite 501 3500 Pan American Drive 3600 Market Street, Dinner Kev Philadelphia, Pa. 19104 Miami, Florida 33133 Phone (215) 382-8620 WITH A COPY TO: Department of Development Dupont Plaza Center, Suite 400 300 Biscayne Boulevard Way 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 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 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 unenforeable 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. 2 94- 447 VI. OWNERSHIP OF DOCtiMENTS 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. CON SULTTANf agrees that all documents maintained and generated pursuant to this contractual i relationship hetwcen CITY and CONSULTANT shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that an_v information, writings, maps, contract documents, reports or any other matter whatsoever which is given by CITY to j 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 purposes whatsoever without the written consent of CITY. VII. NONDELEGABILITY: 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 service or any part thereof by another person or firm. The CONSULTANT will, however, have the right, but not the responsibility, to retain a sub -consultant should evaluation require specific industry knowledge relevant to trends in cruise ship activity which go beyond the economic impact of projected utilization patterns. i VIIL AUDIT RIGHTS: I CITY reserves the right to audit the records of CONSULTANT related to the Agreement at any time during its performance and for a period of one year after final payment is made under this Agreement. IX. AWARD OF AGREEMENT: CONSULTANT warrants that it has not employed or retained an person employed ed b YP P Y Y the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the CITY and fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award ofthis Agreement. 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. XI. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. i i 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 C:ONSULTANT'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 oil its behalf', and from and against ail costs, attorney's lees, 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 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 interest on the 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 Miami (City of Miami Code Chapter 2, Article V), Dade County Florida (Dade County Code Section 2-1 L I ) 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 7 94^ 447 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. XV. TERMINA'FION_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 11 hereof without penalty to either. In that event, notice ol' 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, 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. XVI. NONDISCRIMINATION: CONSULTANT agrees that it shall not discriminate as to race, sex, color, creed, national origin, or handicap in connection with its performance under this Agreement. Furthermore, that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, creed, national origin, or handicap, be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 8 XVII. MINORITY PROCUREMENT ORDINANCE: 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. XVill CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds, or authorization, reduction of funds, and 1 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, 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 the CITY. XX. ENTIRE AGREEMENT: This agreement and its attachments constitute the sole and only Agreement of the parties hereto relating to said grant and correctly sets forth the rights, duties, and obligations of each to 9 94- 447 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. 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 the day and year above written. CITY OF MIAMI, a municipal corporation ATTEST: of the State of Florida Bv: MATTY HIRAI CESAR Ff. ODIO City Clerk City Manager CONSULTANT: MRA INTERNATIONAL, INC. ATTEST: By: Title: Corporate Secretary APPROVED AS TO INSURANCE APPROVED AS TO FORM AND REQUIREMENTS: CORRECTNESS: FRANK K. ROLLASON, DIRECTOR A. QUINN JONES, I1I. Risk Management City Attorney i i0 94- 44'7 INTER -OFFICE MEMORANDU TO Honorable Mayor and Members DATE FILE of the City Commission 11594 SUBJECT professional Services j Agreement I FROM Ces REFERENCES City e City Commission Meeting ENCLOSURES f June 30, 1994 I I 5 It is respectfully recommended that the Commission adopt the attached Resolution, authorizing the City Manager to enter into a professional services agreement, in substantially the form attached, with MRA International, Inc. to prepare a conceptual development plan for the redevelopment of the Dinner Key Area. Total, compensation for the said services will be limited to $50,000, J, The Department of Development and Housing Conservation recommends the approval of the attached Resolution to retain the MRA International, Inc. to prepare a conceptual redevelopment plan for the Dinner Key Area properties including Virrick Gym, Dinner Key Boatyard & Marina, and other surrounding property owned by the City. By Resolution No. 85-70, the City Commission adopted the 1985 Dinner Key Master Plan, establishing design and development objectives for improvement of the Dinner Key Waterfront property. Nevertheless, it is necessary to refine the 1985 Master Plan to incorporate certain objectives that are proposed by the City and community for the redevelopment of the area.