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HomeMy WebLinkAboutR-88-0138J-88-147 2/3/88 RESOLUTION NO. 4$-138. A RESOLUTION AUTHORIZING 'rHE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND THE CHESAPEAKE GROUP INC. FOR PROFESSIONAL SERVICES RELATED TO CONDUCTING AN ECONOMIC AND MARKETING FEASIBILITY STUDY FOR 'rHE BISCAYNE BOULEVARD CORRIDOR OF THE CITY OF MIAMI, WITH FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED $4,500 ALLOCATED FROM THE 13TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHICH WERE PREVIOUSLY APPROPRIATED TO THE DEPARTMENT OF DEVELOPMENT FOR ECONOMIC DEVELOPMENT ACTIONS. WHEREAS, itl the policy of the City to revitalize and redevelop economically distressed areas and neighborhoods in the City; and WHEREAS, the City Commission allocated funds in the 13th Year Community Development Block Grant Funds for the economic development projects; and WHEREAS, the Biscayne Boulevard Corridor of the City has been experiencing declining economic activity and disinvestments in recent years; and WHEREAS, the Biscayne Boulevard Chamber of Commerce was established as the Community Based Organization to help improve economic conditions in the area; and WHEREAS, the Biscayne Boulevard Chamber of Commerce interviewed representatives of economic development consultant firms to conduct an Economic and Marketing Feasibility study for the Biscayne Boulevard corridor and the surrounding areas; and WHEREAS, The Biscayne Boulevard Chamber of Commerce requested the City to enter into a contract with the Chesapeake Group to undertake the Economic and Marketing Feasibility Study for the Biscayne Boulevard corridor and the surrounding areas; CITY COMMISSION MEETING OF FEB 18 1988 RESOLUTION Na ris 43 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: SECTION 1. The City Manager is hereby authorized to negotiate and execute an agreement, in a form acceptable to the City Attorney, between the City and the Chesapeake Group to provide professional services related to conducting an Economic and Marketing Feasibility Study for the Biscayne Boulevard Corridor and the surrounding areas. SECTION 2. The amount of $4,500 is hereby allocated from the 13th year Community Development Block Grants to cover the costs of said services. PASSED AND ADOPTED this 18thday of February , 1988. �7 9��e ATTEST: VIER L. ARE YOR MAT Y HIRAI, CITY CLERK FINANCIAL REVIEW & APPROVAL: VA.,;" CARLO RCIA, DIRECTOR DEPARTMIMT OF FINANCE BUDGETARY REVIEW & APPROVAL: COMMUNITY DEVELOPMENT REVIEW & APPROVAL: FRANK MAY, ACTING PPRECTOR DEPARTMENT OF MAN MENT AND BUDGET PREPARED AND APPROVED BY: �1 OBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY RANK GASTANEDA, DIRECTOR DEPARTMENT OF COMMUNITY DEVELOPMENT APPROVED � TO FORM AND CORREC61 , IA A. DOUMHERTY ITY ATTORNEY -2- 14 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members of the City Commission FROM Cesar H. Odlo City Manager RECOMMENDATION: DATE: F` 8 1938 FILE: SUBJECT: Request blade by the Biscayne Boulevard Chamber of Commerce REFERENCES: For City Commission ENCLOSURES: Meeting of 02 f 18 /88 It is respectfully recommended that the City Commission adopt the attached resolution authorizing the City Manager to negotiate and execute an agreement, in a form acceptable to the City Attorney, with the consulting firm of The Chesapeake Group Inc. for professional services related to the conducting of an Economic and Marketing Feasibility Study for the Biscayne Boulevard corridor of the City of Miami, with total funds of $4,500. It is further recommended that the City Commission approve the use of $4,500 from the 13th year Community Development Block Grant Funds which were previously allocated to the Department of Development for economic development activities. BACKGROUND: The Department of Development supportsthe idea of entering into a contract with a professional firm to conduct an Economic and Marketing Feasibility Study for the purpose analyzing the: economic vitality of the Biscayne Boulevard north of 36th Street. The Biscayne Boulevard corridor, once a thriving retail and tourist center, has been experiencing negative growth since the early 1980s. Competition with suburban malls, changes in retail patterns, decline in number of domestic and international tourists to Miami, high crime, and the after effects of 1980 civil disturbances have caused significant disinvestments in the area. The areal' economy has not experienced improvements in recent years; it is estimated that over. 30% of the commercial real estate is currently vacant. The Biscayne Boulevard Chamber of Commerce, a community based organization funded by the City, initiated an effort to improve the economic conditions in the area. In order to prepare an economic development strategy. 98-138. Aft is Honorable Mayor and Members of the City Commission Page 2 The Chamber requested that the City assist them in preparing a market analysis of the Boulevard and the surrounding area (note attached letter). At the present time the Department of Development does not have the staff capability to prepare this document. Therefore, the Chamber interviewed representatives of two economic development consultant firms (The Benton Advisory Group and The Chesapeake Group) and requested that the City enter into a contract with the Chesapeake Group. The Chesapeake Group, a well known economic development consultanting firm, has produced a number of market analysis for the City. Therefore, it is requested that the City Commission authorize the City Manager to negotiate a contract with the Chesapeake Group, which will include a stipulation of conditions and a detailed scope of professional services. it is also requested that the City Commission approve the use of $4,500 from the 13th year Community Development Block Grant Funds which were previously allocated to the Department of Development for economic development activities. CHO/MDS/ED Attachments Resolution Professional Services Agreement Letter from the Biscayne Boulevard Chamber of Commerce RN '98-138 G�oter Biscayne9--0'UTTW"( Chamber of Commerce soma of Oboders krnes nn*tgn 1'htsltR et 573=36]Q Erewti�i4 6M+cia'` 757-�3 r— Omd�' k Ra ft�M 7S7M43 M 757-9461 Aoben 9trmehr+ 754-1691 /:nio Cabrera VRe a :slaent 7S8-OQ7O Angelo rMMM 379-4529 Hrnb Owknon 751-7082' movy jo, 7SI-1641 fkron Mai we MRSIde"t 757.4561 tit Mroma 7S6-S699 sewn CAM 754-4411 kwph* Treosaer 751-9637 Steven Rosen 7S&31OO December 2, 1987 Matthew Schwartz, Deputy Dir. City of Miami Department of Development 300 Biscayne Boulevard Way Suite 400 Miami, Florida 33131 Dear Matthew: The Greater Biscayne Boulevard Chamber of Commerce is requesting that the City of Miami enter into contract with The Chesapeake Group - Howard Kohn, President to conduct a study of Biscayne Boulevard. As set forth in the Scope of Services, the purpose of this study is to analyze the future business and economic potential of Biscayne Boulevard, identify existing assets and opportunities, and provide directions for enhancing the economic vitality of the area. We thank you for your time and attention to this matter. Sincerely, ne to $isenberg- Executive Director AE:alw 110 98-138. PROFESSIONAL SERVICES AGREEMENT This Agreement to entered into this .�. day of , 1987, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as "CITY" and THE CHESAPEAKE GROUP, INC. a corporation hereinafter referred to as "CONSULTANT". IgTERM The term of this Agreement shall be from January 01, 1988 through April 15, 1988. 4 It. SCOPE OF SERVICES The CONSULTANT shall be under the general supervision of the Director of Development and under the direct supervision of the Deputy Director. The CONSULTANT shall conduct a study to (1) analyze the future business and economic potential of Biscayne Boulevard, (2) identify existing assets and opportunities, and (3) provide directions for enhancing the economic vitality of the area. The Study shall consist of three phases which are as follows: Phase I 1. Reconnaissance - The CONSULTANT shall conduct a reconnaissance of the study area and contiguous area. Silent information shall be recorded through either video taping or normal photographic methods. 2. Critical Actor Interviews - The CONSULTANT shall conduct one on one interviews with ten to twelve, agreed upon critical actors to discuss their attitudes about the future of the area. 3. Patron Survey - The CONSULTANT shall conduct a survey of patrons of Biscayne Boulevard establishments in order to establish a demographic database, define commercial use patterns, etc. 4. Available Data - The CONSULTANT shall assemble available data on regional and area economic trends, and previous, applicable studies completed by the CONSULTANT, etc. Phase II Data Analysis - The CONSULTANT shall tabulate the patron survey, assimilate the thoughts and ideas generated from the "critical actor interviews" and the community group meeting, and analyze all of the other data collected. The analysis of the collective data will yield (1) gross projections for future development, (2) a definition of demand for economic and housing functions in the future, (3) identification of assets and (4) Identification of major opportunities. Phase III The CONSULTANT shall meet with the community based group and present the basic conclusions of the analysis. The CONSULTANT shall develop a reasonable strategy for enhancing the vitality of the community in light of the findings and conclusions. The CONSULTANT shall prepare a detailed report summarizing the methodology, findings, conclusions, recommendations and strategy. Depending upon the results of the analysis, the CONSULTANT may also include proposals -for development or enhancement of a limited number of key parcels. III. COMPENSATION AND FEE SCHEDULE A. The CITY shall pay the CONSULTANT, as maximum compensa- tion for the services described herein, a fee of $4,500 (forty five hundred dollars). Such compensation will be paid to the CONSULTANT in following way: i. The CONSULTANT shall receive $1,200 upon the execution of this agreement, and -2- R8-138. .5 2. The CONSULTANT shall receive three $10100 payments upon completion of each phase defined in Paragraph It of the Scope of Services. B. CITY shall have the right to review and audit the time records and related records and related records of CONSULTANT pertaining to any payment by the CITY. IV. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Both parties shall comply with all applicable Laws, ordi- nances 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 The Chesapeake Group Inc. 300 Biscayne Boulevard Way 8516 Green Lane Miami, FL 33131 Baltimore, MD 21207 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 I i -3 - i _i 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 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 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 the CONSULTANT under this Agree - meat, shall be delivered to the CITY by said CONSULTANT upon com- pletion of the services required pursuant to paragraph II hereof and shall become the property of the CITY, without restriction or limitation on their use. The CONSULTANT agrees that all docu- ments maintained and generated pursuant to this contractual rela- tionship between the 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 any documents or objects which are given by the CITY to the CONSULT- ANT pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by the CONSULTANT for any other purposes whatsoever without the written consent of the CITY. VII. NON-DELEGABILITY The obligations undertaken by the CONSULTANT pursuant to this Agreement shall not be delegated or assigned to any other -4- ," 9.8-138. ? C a person or firm unless the CITY shall first consent in writing to the performance or assignment of such services or any part thereof by another person or firm. The CONSULTANT agrees that there shall be no subcontracts in connection with the Agreement without the prior written approval of the CITY and that all such subcontractors or assignees shall be governed by the terms and intent of this Agreement. Anyone hired by the CONSULTANT (subcontractor or any other expense) is solely the responsibility of the CONSULTANT. Nothing stated herein will create an obligation on the part of the CITY to compensate the subcontractor. VIII. AUDIT RIGHTS CITY reserves the right to audit the records of CONSULTANT at any time during the performance of this Agreement and for a period of one year after final payment is made under this Agreement. IX. AWARD OF AGREEMENT The CONSULTANT warrants that it has not employed or retained any person employed by the CITY to solicit or secure this Agree- ment and that it has not offered to pay, paid, or agreed to pay any person employed by the CITY any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. X. CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according to the laws of the State of Florida. -5- �8-138. XI. SUCCESSORS AND ASSIGNS This Agreementshall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. XII. INDEMNIFICATION The CONSULTANT shall indemnify and save the CITY harmless from and against any and all claims, liabilities, losses, and causes of action, which may arise out of the CONSULTANT's activ- ities under this Agreement, including all other acts or omissions to act of the CONSULTANT, including any person acting for or on its behalf, and from and against any orders, judgments or decrees which may be entered, and from and against all costs, attorneys fees, expenses and liabilities incurred in the defense of any such claims, or the investigation thereof. XIII. CONFLICT OF INTEREST A. The CONSULTANT covenants that no person under its employ who presently exercisds any functions or responsibilities in connection with this Agreement has any personal financial interests, direct, with City. The 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 the CONSULTANT or its employees, must be disclosed in writing to CITY. B. The 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 2-11.1) and the State of Florida, and agrees that it will fully comply in all respects with the terms of said laws. —6— �8-13fl 9 i XIV. INDEPENDENT CONTRACTOR The 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 gener- ally afforded classified or unclassified employees; furthermore, its agents or employees shall not be deemed entitled to the Flor- ida Workers' Compensation benefits as an employee of the CITY. i XV. TERMINATION OF AGREEMENT The CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursu- ant to paragraph II hereof without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writ- ing to the CONSULTANT, who shall be paid for those services performed prior to the date of its receipt of* the notice of ter- mination. In no case, however, will the CITY pay the CONSULTANT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the CONSULTANT that any payment made in accordance with this Section to the CONSULTANT shall be made only if said CONSULTANT is not in default under the terms of this Agreement. If the CONSULTANT is in default, then the CITY shall in no way be obligated and shall not pay to the CONSULTANT any sum whatsoever. XVI. NONDISCRIMINATION The CONSULTANT agrees that it shall not discriminate as to race, sex, color, creed, age, 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. -7- �i8-138 �� XVII. MINORITY PROCUREMENT COMPLIANCE The 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. XVIII. 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/or change in regulations. XIX. DEFAULT PROVISION In the event that the 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 the CITY, at its sole option and upon written notice to the CON- SULTANT, may cancel and terminate this Agreement, and all pay- ments, advances, or othe'r compensation paid to the CONSULTANT by the CITY while the CONSULTANT was in default of the provisions herein contained, shall be forthwith returned to the CITY. • XX. ENTIRE AGREEMENT This instrument and its exhibits and appendices constitute the sole and only Agreement of the parties hereto and correctly sets forth 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. :1.1c 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.bythe respective officials thereunto duly authorized, this day and year first above written. CITY OF MIAMI, a Municipal Corporation of the State of Florida ATTEST: By MATTY HIRAI CESAR H. ODIO City Clerk City Manager ATTEST: CONSULTANT:The Chesapeake Group, Inc. Corporate Secretary HOWAR S. KOHN President CORPORATE SEAL APPROVED AS TO INSURANCE REQUIREMENTS: . J N ANC MANS R APPROVED AS TO FORM AND CORRECTNESS: uuysn ea. WWW City Attorne Y -9 - 0 CORPORATE RESOLUTION WHEREAS. Ld.. r, T MAeSr desires to enter into an agreement with the City of Miami; and 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 authorised 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 Lr 1997 'Nit Xti-1.1 ( SEAL) 0 l.3