Loading...
HomeMy WebLinkAboutR-85-03982 J-85-71 4/9/85 RESOLUTION NO. 8577390 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACTUAL AGREEMENT BETWEEN THE CITY OF MIAMI AND THE BEHAVIORAL SCIENCE RESEARCH CORPORATION, A FLORIDA CORPORATION, TO CONDUCT A HOUSING PREFER- ENCE SURVEY AMONG EMPLOYEES OF THE DOWN- TOWN MIAMI AREA AT A COST NOT TO EXCEED $15,000 AND ALLOCATING MONIES THEREFOR FROM SOUTHEAST OVERTOWN/PARK WEST REDEVEL- OPMENT PROJECT FY 1985 BUDGETED FUNDS. WHEREAS, by Resolution 82-755 the City Commission approved in principle the Southeast Overtown/Park West Redevelopment Plan; and WHEREAS, the City Commission on July 31, 1984, approved Resolution No. 84-893 authorizing the City Manager to issue a Request for Unified Development Project Proposals for the South- east Overtown/Park West Redevelopment Project Phase I; and WHEREAS, the City of Miami has received proposals for the development of the Southeast Overtown/Park West Redevelopment Project Phase I; and WHEREAS, in order to assist the marketing of the Project it is necessary to conduct a downtown employees housing preference survey; and WHEREAS, the downtown employee housing preference survey will provide valuable information such as the housing demand, size of units, price per unit, and will assist the project devel- opers to obtain financing; and WHEREAS, the Behavioral Science Research Corporation is an organization with extensive experience in market research; and WHEREAS, the Behavioral Science Research Corporation has previously sucessfully provided technical services to the City CITY COMMISSION MEP.TINc! r%L, 4 APR 11 1985 RESOLU110h ,i.�. 85-398 = REMARKS. as the researcher of the Haitian study and as part of the Miami Comprehensive Neighborhood Plan 1976-861 and WHEREAS, funds to conduct this survey will be provided from the Southeast Overtown/Park West Redevelopment Project FY'85 budget: NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute an agreement, substantially in the form attached hereto, with the Behavioral Sciences Research Corporation for profes- sional services to conduct a housing preference survey among employees of the downtown Miami area at a cost not to exceed $15,000 with monies therefor hereby allocated from Southeast Overtown/Park West Redevelopment Project FY 1985 budgeted funds. PASSED AND ADOPTED this llth day of ATTEST: RALPH G. ONGIE ITY CLERK PREPARED AND APPROVED BY: N ROBERT N. SECHEN ASSISTANT CITY ATTORNEY -2- APRIL , 1984. MAURICE A. FERRE MAURICE A. FERRE, MAYOR APPROVE FORM AN LUCIA W-. DOUG; CITY ATTORNEY S: 85- 398 El 11 J-85-71 1/17/85 PROFESSIONAL SERVICES CONTRACT This Agreement is entered into this day of , 1985, by and between the CITY OF MIAMI, a municipal corporation of the state of Florida, hereinafter referred to as "CITY" and the Behavioral Science Research Corporation, a Florida corpora- tion, hereinafter referred to as "CONSULTANT". M r m" r a e r m U. WHEREAS, the CITY is desirous of securing professional marketing research services for the Southeast Overtown/Park West Community Redevelopment Project, hereinafter referred to as "PROJECT", which might be rendered by the CONSULTANT; and WHEREAS, the CONSULTANT holds the academic and professional 1 qualifications required for these services; and WHEREAS, the CONSULTANT is capable and desirous of perform- "4j ing such services and other allied tasks as might be desired by i the CITY: NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND �i +' OBLIGATIONS HEREIN CONTAINED, AND SUBJECT TO THE TERMS AND CONDI- TIONS HEREINAFTER STATED, THE PARTIES HERETO UNDERSTAND AND AGREE AS FOLLOWS: I. TERM .. f F`, 3 The term of this Agreement shall be from March 1, 1985, through July 15, 1985. s II. SCOPE OF SERVICES 1. The CONSULTANT shall be under the general supervision ,r of the Director of the Southeast Overtown/Park West Project .-`'. Office (Assistant City Manager) and the direct supervision of the Assistant Director for Development. 85--398 ECK 4: r• 2. The CONSULTANT shall be responsible for the production z of a housing preference survey among employees of the downtown Miami area. The research will entail a survey of persons working in or near the downtown area, from as far north as 36th Street, south to S.W. 15th Road and the Miami River. A random sample t will be drawn based on the percentage of persons living in 0 selected traffic areas and working in the downtown area. The research will identify the factors which affect the housing demand for the Southeast Overtown/Park West Redevelopment Project area. A. The CONSULTANT shall provide: - Survey conceptualization and design; - Sample frame construction; - Sample design; - Interviewer recruitment and training; - Interviewing of respondents with a telephone survey requiring less than 15 minutes to administer from a central, supervised facility; - Quality control and editing; - Coding of open-ended responses; - Keypunching of the data; - Analysis of the data; - Total demand projections on the basis of County population data and survey findings; - Draft of a report; - Revision, production, and duplication of a final report. B. The CONSULTANT shall conduct at least 500 tele- phone interviews with downtown workers, detailing their existing housing, projected preferences, desire for in -town living, family composition, and other factors affecting their choice of resi- dence. The survey will be constructed in conjunction with the City of Miami, to assist in providing developers with a guide to projected demand, desired amenities, housing mix, and other important features needed in establishing a successful downtown housing project. -2- 85-39E u i C El The CONSULTANT shall select the research respon- dents through a household screening of the survey area, selecting households at random through random digit dialing and qualifying the respondents on the basis of "any person in the household who t.. is employed in the downtown Miami area." In the event multiple persons in a single household are so employed, all will be inter- viewed. Tallies will be kept of non -worker and worker percent- ages, in order to allow the CITY to have accurate data on the incidence of the downtown workforce and the total number of eli- gible workers. D. The CONSULTANT shall analyze the data by computer and a formal written report of the findings will be provided to the City of Miami. The report will include a section projecting demand for housing in the Overtown/Park West Area. 3. The preliminary draft of the work outlined in the Scope of Services shall be delivered to the CITY by June 28, 1985. The CITY shall deliver its review and comments of the ' preliminary phase by July 5, 1985. The final submission phase shall be delivered to the CITY by July 15, 1985, after receipt of comments from the CITY. ' 4. The CITY agrees to supply, only as might be readily available, the following information: A. Background information on the project area includ- ing available reports and maps. `=- 5. The CONSULTANT shall devote the necessary reasonable .r. time in the rendering of such services and documents as may be Y' required. 6. The CONSULTANT shall provide its own office and work space. III. COMPENSATION 1. The CITY shall pay the CONSULTANT, as maximum compensa- "}. tion for the services required pursuant to Paragraph II hereof, Fifteen Thousand Dollars ($15,000.00). -3- 85-398 ,1 ' 2. Such compensation shall be paid on the following basis: 33=1/3% ($5,000) Upon completion and acceptance of the questionnaire, sample frame construgtion, and sample design; 33-1/3% ($5,000) Upon completion and acceptance of . d the first draft of the report; and 33-1/3% ($5,000) Upon completion and acceptance of the final product. 3. The CITY shall have the right to review and audit the time records and related records of the CONSULTANT pertaining to any payments by the CITY. �t IV. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS i Both parties shall comply with all applicable laws, ordi- nances and codes of federal, state and local governments. V. GENERAL CONDITIONS 1. 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 Herbert J. Bailey Assistant City Manager City of Miami Southeast Overtown/ Park West Project P.O. Box 330708 Miami, FL 33233-0708 CONSULTANT Robert A. Ladner, PhD President Behavioral Science Research Corporation 1000 Ponce de Leon Blvd. Coral Gables, FL 33134 2. Title and paragraph headings are for convenient refer- ence and are not a part of this Agreement. 3. 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. -4- 85-398 z�- a Ilk 4. 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. VI. OWNERSHIP OF DOCUMENTS All documents developed by the CONSULTANT under this Agree- ment shall be delivered to the CITY by said CONSULTANT upon completion of the services required pursuant to paragraph II hereof and shall become the property of the CITY, without i restriction or limitation on their use. The CONSULTANT agrees that all documents maintained and generated pursuant to this con- tractual relationship 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 a +. any other purposes whatsoever without the written consent of the CITY. + VII. NON-DELEGABILITY The obligations undertaken by the CONSULTANT pursuant to I, this Agreement shall not be delegated or assigned to any other person or firm unless the CITY shall first consent in writing to s, the performance or assignment of such services or any part thereof by another person or firm. XQ The CONSULTANT agrees that there shall be no subcontracts in i ; 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 k.: compensate the subcontractor. -5- 85--39S n_' 3 ;V xa VIll. AUDIT RIGHTS I The CITY reserves the right to audit the records of the CONSULTANT pertaining to any billings to the CITY for time or expenses 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. n i -it ry t X. CONSTRUCTION OF AGREEMENT 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 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 contract, 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, attorney's fees, expenses and liabilities incurred in the defense of any such claims, or the investigation thereof. -6- SS-398 9 XIII. CONFLICT OF INTEREST r•. 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. The CONSULTANT covenants that no person under its employ who presently exercises any functions or responsibilities in connec- tion with this Agreement has any personal financial interest, direct or indirect, in the work product of this Agreement. 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 the CITY. The CON- SULTANT, 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. 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 Florida Workers' Compensation benefits as an employee of the CITY. XV. TERMINATION OF CONTRACT 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 w writing to the CONSULTANT, who shall be paid for those services t -7- $5"398 i A 4 performed prior to the date of its receipt of the notice of termination. 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, or national origin in connection with its performance under this Agreement. XVII. MINORITY PROCUREMENT COMPLIANCE The CONSULTANT acknowledges that it has been furnished a copy of Ordinance No. 9775, the Minority Procurement Ordinance of the City of Miami, and agrees to comply with all applicable sub- stantive and procedural provisions therein, including any amend- ments 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 CONSULTANT, may cancel and terminate this Agreement, and all payments, advances, or other compensation paid to the CONSULTANT -s- 85-o98 4 by the CITY while the CONSULTANT was in default of the provisions herein contained, shall be forthwith returned to the CITY. XX. AMENDMENTS The parties agree to amend this Agreement to conform with F ti changes in applicable City, County, State and Federal laws, i t directives, guidelines and objectives. 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 first above written. CITY OF MIAMI, a Municipal Corporation of the ATTEST: State of Florida By RALPH G. ONGIE RANDOLPH B. ROSENCRANTZ City Clerk City Manager ATTEST: BEHAVIORAL SCIENCE RESEARCH CORPORATION, a Florida Corporation By Corporate Secretary APPROVED AS TO INSURANCE REQUIREMENTS: ROBERT A. LADNER President APPROVED AS TO FORM FORM AND CORRECTNESS: DEPARTMENT OF RISK MANAGEMENT LUCIA A. DOUGHERTY City Attorney -9- 85-398 F J- L- a f a CORPORATE RESOLUTION • WHEREAS, the Behavioral Science Research Corporation has submitted a bid on the Downtown Employees Housing Preference Survey and the City has accepted such bid; and WHEREAS, the Board of Directors of the Behavioral Science Research Corporation has examined the terms, conditions, and obligations of the proposed contract with the City of Miami for the preparation of the Downtown Employees Housing Preference i Survey, hereinafter referred to as "WORK", for the Southeast Overtown/Park West Community Redevelopment Project; WHEREAS, the Board of Directors at a duly held corporate meeting have considered the matter in accordance with the by-laws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF the Behavioral Science Research Corporation that the president and secretary are hereby authorized and instructed to enter into a contract in the name of and on behalf of this corporation with the City of Miami for the preparation of the above stated WORK. J. for the Southeast Overtown/Park West Community Redevelopment Project, in accordance with the contract documents furnished by the City of Miami, and for the price and upon the terms and payments contained in the proposed contract submitted by the City ' f. of Miami. 1983. �a IN WITNESS WHEREOF, this day of , WITNESS CHAIRMAN, Board of Directors 85-ti. 96 4F. y - CITY Or MIAMI. fr ORICA -_ t INTI!!OFFICE MEMORANDUM 52 a mwwb� ro: Randolph B. Rosencrantz DAM January 17, 1985 PILIt, City Manager :uatCT: S.E. Overtown/Park West Y ! Resolution and Contract for the Behavioral Science • Research Corporation; R*oM: Herbert J. Bailey :NCLOSWR98t KMsNes& City Commission Agenda Assistant City Manager �February 14, 1985 (Z ) VV I J It is recommended that the City Commission approve the attached resolution authorizing the City Manager to execute a contractual agreement between the City of Miami an3=e Behavioral Science Research Corporation to conduct a housing preference survey among employees of the downtown Miami area at a cost not to exceed 415,000 for the Southeast Overtown/Park West Project. The City has received proposals for the development of the first phase of the Southeast Overtown/Park West Redevelopment Project (a nine -block area adjacent to the Overtown Transit Station). The downtown employees housing preference survey will assist the developer in project marketing and obtaining financing. In order to provide the developers with valuable information as to the housing demand, size of units, price per unit, etc., it is necessary to conduct this survey. .f The Behavioral Science Research Corporation has been selected to conduct this survey based on the previous services that this organization provided the City of Miami, such as the Haitian study and as part of the Miami Comprehensive Neighborhood Plan 1976-86. Funding will be provided from rom the FY 85 Project budget. A, ti. ��Y J-85-71 4/9/85 RESOLUTION N0. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACTUAL AGREEMENT BETWEEN THE CITY OF MIAMI AND THE BEHAVIORAL SCIENCE RESEARCH CORPORATION, A FLORIDA CORPORATION, TO CONDUCT A HOUSING PREFER- ENCE SURVEY AMONG EMPLOYEES OF THE DOWN- TOWN MIAMI AREA AT A COST NOT TO EXCEED $15,000 AND ALLOCATING MONIES THEREFOR FROM SOUTHEAST OVERTOWN/PARK WEST REDEVEL- OPMENT PROJECT FY 1985 BUDGETED FUNDS. WHEREAS, by Resolution 82-755 the City Commission approved in principle the Southeast Overtown/Park West Redevelopment Plan; and WHEREAS, the City Commission on July 31, 1984, approved Resolution No. 84-893 authorizing the City Manager to issue a Request for Unified Development Project Proposals for the South- east Overtown/Park West Redevelopment Project Phase I; and WHEREAS, the City of Miami has received proposals for the development of the Southeast Overtown/Park West Redevelopment Project Phase I; and WHEREAS, in order to assist the marketing of the Project it is necessary to conduct a downtown employees housing preference survey; and WHEREAS, the downtown employee housing preference survey will provide valuable information such as the housing demand, size of units, price per unit, and will assist the project devel- opers to obtain financing; and WHEREAS, the Behavioral Science Research Corporation is an organization with extensive experience in market research; and WHEREAS, the Behavioral Science Research Corporation has previously sucessfully provided technical services to the City CITY C01VImCSSION MEFTINC, "L, APR 11 1985 ush 85-396 ARKS.