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HomeMy WebLinkAboutR-85-0304OR�; J-85-269 3/6/85 RESOLUTION NO. $5"-304 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT IN SUBSTANTIALLY THE FORM ATTACHED BETWEEN THE CITY OF MIAMI AND S.M. DIX AND ASSOCIATES, INC., AT A COST NOT TO EXCEED $33,000.00, TO PREPARE AN APPRAISAL OF IMMOVABLE FIX`t'URES FOR EACH OF THE COMMERCIAL PARCELS VvITHIN THE SOUTHEAST OVERTOWN/PARK WEST PROJECT AREA GENERALLY BOUNDED ON THE NORTH BY NORTHWEST LOTH STREET; WEST BY NORTHWEST 1ST AVENUE; SOUTH BY NORTHWEST 7TH STREET, AND EAST BY NORTH MIAMI AVENUE AND NORTHEAST 1ST AVENUE; TO COMPENSATE CONSULTANT FOR EXPENSES INCURRED FOR COURT PREPARATION AND TESTIMONY. WHEREAS, by Resolution No. 82-755, the City Commission approved, in principle, the Southeast Overtown/Park West Redevelopment Plan; and WHEREAS, by Resolution No. 83-972, the City Commission, on October 25, 1983, approved in principle, the Phase I Overtown Transit Station Impact Area Redevelopment Program; 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 Southeast Overtown/Park West Redevelopment Project Phase I; and WHEREAS, by Resolution 84-758, the City Commission accepted the proposals of Real Estate Research Corporation and Leonard A. Bisz, MAI Appraisers, to appraise for the purpose of establishing fair market value of the parcels located within the above described boundaries; and WHEREAS, part of Phase I of the Southeast Overtown/Park West Redevelopment Program is the acquisition of property; and WHEREAS, five (5) blocks within the Phase I nine -block redevelopment area have already been acquired by Dade County; and WHEREAS, the Real Estate Research Corporation already has completed an appraisal analysis of the above stated parcels; and CITY COMMIS OSI MEETING OF MAR fJ21 1985 REMARKS A WHEREAS, the City is desirous of initiating the acquisition of the remaining parcels located in the Phase I nine -block redevelopment area; and WHEREAS, the City is desirous of securing professional immovable fixture appraisal services; and WHEREAS, the S.M. Dix and Associates, Inc., is a leading national manufacturing and marketing consultant firm for fixture appraisals utilized by the City of Miami and Metro -Dade County; and WHEREAS, funds for the expenses involved in this acquisition, including appraisal fees, are provided from the 1976 General Obligation Housing Bond and a Section 108 Loan from the U.S. Department of Housing and Urban Development; 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 in substantially the form attached between the City and S.M. Dix and Associates, Inc., for a fee not to exceed $33,000, to prepare an appraisal of immovable fixtures for each of the commercial parcels within four square blocks of property and a portion of a fifth block and the improvements thereon, said property legally described as Blocks 24N, 25N, 37N, 44N, and Lots 1 for ROW, and Lots 19 and 20 of Block 43N, all in A.L. Knowlton Subdivision, as recorded in Plat Book B at page 41; bounded on the north by Northwest loth Street; west by Northwest 1st Avenue; south by Northwest 7th Street; and east by North Miami Avenue and Northeast 1st Avenue and to pay direct expenses incurred for court testimony and preparation. PASSED AND ADOPTED this 21 day of March , 1985. 1:Z A EST: C Cam% Q RA H G. ONGIE City Clerk Maurice A. Ferre Maurice A. Ferrel Mayor 2 85-304, 61, Assistant City Attorney APPROVED TO FO AND CORRECTNESS: YV �r iC1 C1 ♦ 1/V V Vll 1J 1\l a City Attorney LAD/RNS/wpc/ab/193 PROFESSIONAL SERVICES AGREEMENT 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 S.M. DIX AND ASSOCIATES, INC., a Michigan corporation, t hereinafter referred to as "CONSULTANT".' W I T N E S S E T H: WHEREAS, by Resolution No. 82-755, the City Commission approved, in principle, the Southeast Overtown/Park West Redevelopment Plan; and WHEREAS, part of Phase I of the Southeast Overtown/Park West Redevelopment Project, hereinafter referred to as "PROJECT", is the acquisition of property; and WHEREAS, the CITY is desirous of securing professional immovable fixture appraisal services for the PROJECT which might be rendered by the CONSULTANT; and WHEREAS, CONSULTANT, is a leading national manufacturing and marketing consultant firm for fixture appraisals utilized by the City of Miami and Metro -Dade County; and WHEREAS, the CONSULTANT is capable and desirous of performing such services and other allied tasks as might be desired by the CITY; WHEREAS, funds for the expenses involved in property acquisition, including appraisal fees for PROJECT, are provided from the 1976 General Obligation Housing Bond and a Section 108 Loan from the U.S. Department of Housing and Urban Development; NOW, THEREFORE, in consideration of the mutual covenants and obligations 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 from March 1, 1985, through December 31, 1985. 85-304 SCOPE OF SERVICES 3 A. The CONSULTANT shall be under the general supervision of the Director (Assistant City Manager) of the t Southeast Overtown/Park West Project Office and the direct supervision of the Assistant Director. B. The CONSULTANT shall be responsible for the production of an appraisal of immovable fixtures for each of the commercial parcels within the Phase I redevelopment area and enumerated in Exhibit A attached hereto for the PROJECT. The appraisal reports will determine the value of all immovable fixtures attached to each of the commercial parcels enumerated in Exhibit A. The CONSULTANT will undertake the following activities: 1. The CONSULTANT shall prepare a property analysis clearly identifying and listing each element of value or utility found on or in the parcel by its property class and claimed ownership, said classes consisting of: land, land improvements, buildings, building equipment, immovable fixtures, and movable equipment or personal property, and also stating whether such element of value is included in the appraisal of the basic real estate or in the appraisal of the equipment. 2. The CONSULTANT shall prepare an immovable fixtures exhibit clearly identifying and valuing each fixture which is not identified in the real estate appraisals and which will be physically damaged by removal, or which it is not economical to remove. 3. The CONSULTANT shall prepare a movable fixture and equipment exhibit clearly identifying, but not valuing, those significant items of movable real or personal property that are not included in the foregoing exhibit, and excluding inventory or stock in trade. -2- 9 85--304 i4' Pt C. D. 4. The CONSULTANT shall prepare a process utilities schedule listing and identifying the process distribution and collection liens considered as immovable fixtures for electrical, piping, air supply, venting, drains, and other process services, and excluding normal building services, and the machine connections. 5. The CONSULTANT shall review with the occupant the Renewal Assistance Regulations relating to business fixtures and equipment, and the assistance available through the CITY. 6. The CONSULTANT shall review recently completed appraisal reports per Exhibit A to determine if, in fact, immovable fixtures were or were not included in the recently completed appraisal reports. 7. The CONSULTANT shall prepare a certificate of immovable fixture values. The preliminary draft of the work outlined in the Scope of Services shall be delivered to the CITY by May 1, 1985. The CITY shall deliver its review and comments of the preliminary phase by May 10, 1985. The final submission phase shall be delivered to the CITY by May 24, 1985, after receipt of comments from the CITY. The CITY agrees to supply, only as might be readily available, the following information: 1. Background information on the project area including available reports, slides, and maps. 2. Land acquisition, project area land use or property maps, parcel plot plans, building diagrams, real estate appraisals, business survey data, chattel mortgages, zoning and code require- ments, and such other data as may become necessary to the proper performance of the Agreement. -3- SS-304 E. The CONSULTANT shall devote the necessary reasonable time in the rendering of such services and documents as may be required. F. The CONSULTANT shall provide his own office and work space. III. COURT PREPARATION AND TESTIMONY In the event the testimony of the CONSULTANT is required in any legal proceeding in connection with the CITY's acquisition of property in the project area, the CONSULTANT agrees to bring its appraisal(s) up to date, to make the necessary preparation for testimony and to appear as a witness on behalf of the CITY on the dates required. IV. COMPENSATION A. CONSULTANT shall be compensated a fee not to exceed Twenty -Eight Thousand Dollars ($28,000) for services rendered pursuant to Paragraph II above. Such compensation shall be paid to the CONSULTANT when the finished reports for the businesses listed in Exhibit A of the Agreement are delivered to the CITY, subject to receipt of an invoice or voucher from the CONSULTANT, specifying that he has performed the services provided under this Agreement in conformance with this Agreement and that he is entitled to receive the amount submitted under the terms of this Agree- ment. B. CONSULTANT shall be compensated a fee not to exceed Five Thousand Dollars ($5,000) for services rendered pursuant to Paragraph III above. The fair and reasonable compensation of his services for court preparation and testimony shall be at CONSULTANT's prevailing per diem at the time of the court -4- 85-304 preparation and testimony, plus, necessary and v reasonable travel expenses. Any part of a day less than four hours expended by the CONSULTANT shall constitute a half day for the purpose of this Section of this Agreement. :f C. 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. V. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: z Both parties shall comply with all applicable laws, ordinances and codes of Federal, State and Local Governments. VI. 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 Address CONSULTANT Address Matthew Schwartz Ivan D. Butler, President City of Miami S.M. Dix & Associates, Inc. Southeast Overtown/ P.O. Box 6488 Park West Project Grand Rapids, MI 49506 P.O. Box 330708 Miami, Florida 33233-0708 B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. -5- 85-304 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 "G 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 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. VII. OWNERSHIP OF DOCUMENTS: All documents developed by CONSULTANT under this Agreement shall be delivered to CITY by said CONSULTANT upon completion of J the services required pursuant to paragraph 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. It is further understood by and between the parties that any information, writings, maps, contract documents, reports or any other matter whatsoever which is given by CITY to CONSULTANT _6_ 85-30 n n pursuant to this Agreement shall at all times remain the property of CITY and shall not be used by CONSULTANT for any other purposes whatsoever without the written consent of CITY. i VIII. MAINTENANCE OF RECORDS The CONSULTANT agrees that he will prepare and maintain all reports, work papers, sketches, photographs, analyses and other references in good order and condition until the parcels con- cerned are acquired and a good and indefeasible title is vested in the CITY, or for a period of five (S) years from the pre- viously inscribed date of this Agreement, whichever is later. IX. REPORTS The CONSULTANT agrees that he will submit to the CITY, within the time specifications required by this Agreement, three (3) copies of his report for each parcel, and that at least one copy of the report will be submitted in a separate individual 'J manuscript cover, or other individual soft binder that will be bound, stapled, or otherwise permanently fastened on the top 8-1/2" edge and will be identical in form and content with each other report for the parcel. X. NONDELEGABILITY: That 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 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 -7- 65-304 solely the responsibility of the CONSULTANT. Nothing stated herein will create an obligation on the part of the CITY to compensate the subcontractor. XI. 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. XII. AWARD OF AGREEMENT: That CONSULTANT has not employed or retained any person employed by 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 any fee, commission percentage, brokerage fee, or gift of any kind contingent -upon or resulting from the award of this Agreement. CONSTRUCTION OF AGREEMENT: This Agreement shall be construed and enforced according to the laws of the State of Florida. XIV. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. XV. 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 activities under this Agreement, including all other acts or omissions to act on the -8- s 8S-304 part of CONSULTANT, including any person acting for or on his/her 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 p such claims, or in the investigation thereof. XV I . CONFLICT OF INTEREST: A. CONSULTANT covenants that no person under its employ who presently exercises any functions or responsi- bilities in connection with this Agreement has any personal financial interests, 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 in writing to CITY. CONSULTANT, in the performance of this Agreement, shall be subject to the more restrictive law and/or guide- lines regarding conflict of interest promulgated by federal, state or local government. 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 2-11.1) and the State of Florida, and agrees that it shall fully comply in all respects with the terms of said laws. XVII. INDEPENDENT CONTRACTOR: CONSULTANT and its employees and agents shall be deemed to be independent contractors, and not agents or employees of CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of CITY, or any rights generally -9- 85-304 afforded classified or unclassified employees; further he/she shall not be deemed entitled to the Florida Workers' Compensation x Sp 3 benefits as an employee of CITY. l XVIII. TERMINATION OF AGREEMENT: CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to paragraph 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 his/her 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, then CITY shall in no way be obligated and shall not pay to CONSULTANT any sum whatsoever. XIX. NONDISCRIMINATION: CONSULTANT agrees that he/she shall not discriminate as to race, sex, color, creed, or national origin in connection with his/her performance under this Agreement. XX. MINORITY PROCUREMENT COMPLIANCE CONSULTANT acknowledges that he/she 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 substantive and procedural provisions therein, including any amendments thereto. -10- 85-304 a XXI. CONTINGENCY CLAUSE:IN- 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. t XXII. DEFAULT PROVISION: In the event that CONSULTANT shall fail to comply with each ,t 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 CITY. 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 first above written. ATTEST: RALPH G. ONGIE City Clerk ATTEST: Corporate Secretary CITY OF MIAMI, a municipal Corporation of the State of Florida By City Manager CONSULTANT: S.M. DIX AND ASSOCIATES, INC., A MICHIGAN CORPORATION By (Seal) VAN D. BUTLER President -11- 85-304 APPROVED AS TO FORM AND CORRECTNESS! APPROVED AS TO INSURANCE REQUIREMENTS: ........... LUCIA A. DOUGHERTY ............ MANAGEMENT j E'l RISK DEPARTMENT OF Attorney RNS/LGK/WPC/pb/028 -12- 85-304 PHASE I BUSINESS RELOCATION EXCLUDING UMTA ACQUISITION CITY OF MIAMI SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT January 31, 1985 BLOCK 44N Miami Rescue Mission Art 6 Craft Imperial Hotel Davis Hotel Tropical Leather BLOCK 37N Atlantic Equipment Shore Marine Baron Display Display -A -Rama Spaulding Interior Laverne Warehouse Bass Bulletin Tula Commercial Equipment Miami Cash Register BLOCK 24N T & R Stove Repair & Equipment Model Grocery Equipment Precision, Inc. Posh, Inc. Classic lines BLOCK 43N Camillus House BUSINESS ADDRESS 716 N. Miami Avenue 80 N.W. 8th Street 50 N.W. 8th Street 38 N.W. 8th Street 738 N. Miami Avenue 800 N. Miami Avenue 19 N.W. 8th Street 31 N.W. 8th Street 811 N.W. 1st Street 88 N.W. 9th Street 52 N.1,1. 9th Street 28 N.W. 9th Street 842 N. Miami Avenue 820 N. Miami Avenue 918-928 N. Miami Ave. 900 N. Miami Avenue 33 N.W. 9th Street 50 N.W. 9th Street 975 N.W. 1st Avenue 728 N.E. ist Avenue EXHIBIT A ESTIMATED RELOCATION COST $ 5,000 509000 10,000 +295,000 10,000 +253,000 10,000 30,000 10,000 30,000 50,000 60,000 10,000 10,000 5,000 10,000 30,000 5,000 10,000 150,000 10,000 85-304 - 11 54 CITY OF MIAMI, FLORIDA INTEROFFICE MEMORANDUM TO: Randolph B. Rosencrantz City Manager OV FROM: Her ert J. Ba ley Assistant City Manager DATE: March 11, 1985 FILE: SUBJECT: Resolution and Contract for S.M. Dix & Assoc., Inc. City Commission Agenda REFERENCES: March 21, 1.9 8 5 ENCLOSURES: ( 2 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 and S.M. Dix and Associates, Inc., to prepare an appraisal of immovable fixtures for each of the commercial parcels within the South- east Overtown/Park West Phase I Redevelop- ment Project Area, excluding the four -block Urban Initiatives area, at a cost not to exceed $33,000, including court preparation and testimony cost, for the Southeast Over- town/Park West Project. In order for the Southeast Overtown/Park West Redevelopment Project to remain on schedule, it is necessary to complete the land and building appraisal process in order to determine the fair market value of the parcels proposed for acquisition in the Phase I, nine -block redevelopment area adjacent to the Overtown Transit Station, excluding five blocks which already have been purchased. The attached resolution and professional services agreement are being submitted for an appraisal of immovable, commercial fixtures within the Phase I area in order to supplement the already completed land and structure appraisals prepared by the Real Estate Research Corporation, authorized by City Commission Resolution No. 84-758. This appraisal is needed for all major commercial businesses that will be displaced by the project. Attached is a listing of businesses that are proposed to be relocated. S.M. Dix and Associates, Inc., has been selected to prepare this required appraisal report. This selection is based on the 85--304 P Randolph B. Rosencrantz -2- March 11, 1985 previous services the firm has provided the City of Miami and Metro -Dade County. It also has a national reputation of pro- viding quality service. Funding for this $33,000 contract will be provided from the 1976 Housing Bond funds and the proceeds of the Section 108 Loan from the U.S. Department of Housing and Urban Development. Existing budgeted funds in the Southeast Overtown/Park West budget will be utilized to cover the costs prior to the receipt of the Section 108 Loan, which is proposed to be utilized for the acquisition of one -and -one-third blocks within the project. Repayment will be made upon receipt of the loan. r 85-304.