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HomeMy WebLinkAboutR-79-0126RESOLUTION NO. 7 9- 1 2 6 A RESOLUTION RATIFYING AND APPROVING A CONTRACTUAL AGREEMENT NEGOTIATED AND EXECUTED BY THE CITY MANAGER WITH GLADSTONE & ASSOCIATES FOR THE PURPOSE OF CON- DUCTING A CITY OF MIAMI ECONOMIC ANALYSIS AND DEVELOP- ItSUvdPC TIVET STRATEGY STUDY. DOCU ENTs FOLLOW" WHEREAS, the City of Miami is desirous of promoting econo- mic development and enhancing its image as an International Center for Trade & Commerce activity; and WHEREAS, the Office of Trade & Commerce Development has been created to provide a focal point for economic development planning, policy formulation and program development activities; and WHEREAS, the Office of Trade & Commerce Development has identified the need for a consultant study and analysis of the City's economic base, development trends, and growth potentials as a basic document for developing a comprehensive economic development plan and investment strategy for the City; and "DOCUMENTS NDEX ITEM NO. WHEREAS, the Office of Trade & Commerce Development has adhered to the provisions of the State of Florida Consultant's selec- tion process, which began with an advertisement of a Request for Pro- posals in the local media on June 22 & 25, 1978 and which was concluded on November 21, 1978 with oral presentations by three consultant firms selected as finalists by a five -member Technical Review Committee established by the Office of Trade & Commerce Development; and WHEREAS, the Technical Review Committee having carefully reviewed the qualifications and proposals of all interested firms and having heard oral presentations by three finalist firms on November 21, 1978, has recommended the negotiation and award of a contract for professional services to conduct the Economic Development Analysis and Development Strategy Study with the most qualified firms in the following order of preference: 1) Gladstone & Associates, 2) Touche Ross & Company, and 3) Arthur D. Little, Inc.; and CITY COMMISSION MEETING OF REINUITWAR 79- 1 " SEWS* WHEREAS, the Office of Trade & Commerce Development has recommended and the City Manager has endorsed the Technical Review Committee's recommended rank order for the negotiation and execution of a professional consultant services agreement; and WHEREAS, the City Commission, on January 18, 1979, approved Resolution No. 79-50 authorizing the City Manager to negotiate and execute an Agreement with Gladstone & Associates, as recommended by the Technical Review Committee, and to present such Agreement to the City Commission for ratification and approval; NOW, THEREFORE, BE IT RESOLVED BY THE COM.MISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City of Miami ratifies and approves the contractual agreement negotiated and executed by the City Manager with Gladstone & Associates, said contract being made part of this resolution by reference. PASSED AND ADOPTED this 26 day of ATTEST: RAL1 H G. NGIE, CITY CLERK PREPARED AND APPROVED 13Y: (.Q/VL Y`-6)-('`‘ TERRY V. P[RCY, ASS/STANT CITY ATTORNEY APPRO 0 FORM AND C;..•ECTNESS GEORGE F.L NOX, JR., CITY FEBRUARY MAURICE A. FERRE , 1979 MAURICE A. FERRE, MAYOR "SUPPfRT!\,E • • Y. ; o} J)►' 11 ii 79- 1 26 TO: FROM: 45 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Joseph R. Grassie City Manager Julio A. Castano, Office of Trade & ment DATE. February 6, 1979 FILE: SUoJ«T Resolution ratifying and approving the executed contract between the fc"-- ✓ City and Gladstone & Associates Director PUFF :ItENC,for the conduct of a Comprehensive Commerce Develop- Economic Development Plan & Invest- ment Strategy. ,:NC:LC GURL:.,. The Office of Trade & Commerce Development has identified the nectd for a consultant study and analysis of the City's economic base, development trends, and growth potentials as a basic document for developing a Comprehensive Economic Development Plan and Investment Strategy for the City. The Office of Trade & Commerce Development has budgeted $70,000 for the implementation of this project. Based on the provisions of the State of Florida Consultant's Competitive Negotiation Act, the Office conducted a consultant selection process which began with an advertisement of a Request for Proposals in the local media on June 22 & 25, 1978 and which was concluded on November 21, 1978 with oral presentations by three consultant firms selected as finalists by a five -member Technical Review Committee which was established by the Office of Trade & Commerce Development. On January 18, 1979, the City Commission approved a resolution authorizing you to negotiate and execute a contract for professional services, in an amount not to exceed $70,000, with Gladstone & Associates, as the first ranked consulting agency, for the conduct of an Economic Analysis and Development Strategy Study for the City of Miami, and to bring said con- tract back to the Commission, on the very first Commission meeting follow- ing contract execution, for ratification and approval. Attached for presentation to the City Commission on February 22, 1979 is a Resolution ratifying and approving the executed contract between the City and Gladstone & Associates for the conduct of the Comprehensive Economic Development Plan and Investment Strategy. JAC/AHT:zf Encs. -Proposed Resolution -Contract DOC.;Li (VI ENIS ' 79- 1 26 4 AGREEMENT THIS AGREEMENT, made and entered into this day of 1979, by and between the City of Miami, a municipal corporation of the State of Florida (hereinafter called "CITY") and Gladstone & Associates (hereinafter called "G&A"). WITNESSETH WHEREAS, the City Commission, on January 18, 1979, approved Resolution No. 79-50 authorizing the City Manager to negotiate and execute an agreement with G&A, as recommended by the Technical Review Committee, for the purpose of conducting a City of Miami Economic Analysis and Development Strategy Study. NOW, THEREFORE, in consideration of the mutual agreements contained herein the parties hereto agree as follows: I. GLADSTONE & ASSOCIATES AGREES: 1. G&A agrees to provide professional services to condut'an Economic Analysis and Development Strategy Study through an in-depth analysis of the City of Miami's economic structure and projection of an economic development strategy for commercial and industrial business development, as well as the identification of ways to secure a greater utilization and coordination of existing and anticipated private, quasi -public, City, County, State and Federal program resources. G&A agrees that the Scope of Services Specifi- cations prepared for this project are definitive and binding study requirements, and that the Scope of Services Specifications in addition to Gladstone & Associates written technical proposal for professional services submitted to the CITY are hereby incorporated as part of this agreement by reference. 2. G&A agrees to receive prior approval from the CITY on the hiring of sub -contractors for services related to this project. 3. G&A agrees to provide the CITY with any financial and progress reports which may be required to monitor the project. 79-126 4. G&A further agrees to complete the above described services no later than July 30, 1979. If G&A shall fail to fulfill in the proper time and manner its obligations under the contract, the CITY shall have the right to terminate this — contract, by giving written notice to G&A of such termination and specifying the effective date of such termination. In that event G&A shall be entitled to receive just and equitable compensation for any satisfactory work completed prior to termination. 5. HOLD HARMLESS PROVISION. G&A agrees to defend, indemnify and save harmless the CITY against any and all claims, suits, actions for damages, or costs of actions arising during the term of this Agreement, for any personal injury, loss of life, or damage to property, sustained by reason of or as a result of G&A's (its agents, employees or workmen) carelessness or negligence; from and against any orders, judgments or decrees, which may be entered thereon; and from and against all costs, attorneys fees, expenses and liabilities incurred in the defense of any such claims and the investigation thereof. The period covering liability growing out of work herein will terminate upon acceptance of the CITY of the final report. 6. ACCEPTANCE BY THE CITY OF FINAL REPORT. A written acceptance by the CITY of the final report will constitute a legal acceptance of the same. 7. METHOD OF PAYMENT. CITY agrees that it will pay Gladstone & Associates an amount not to exceed $70,000 for the satis- factory completion of the above described services. There will be three payments of $20,000 at two -month intervals, beginning with the execution of this agreement. And, an additional payment of $10,000 upon the satisfactory com- pletion and presentation to the CITY of the above described services. These payments will require official vouchers from Gladstone & Associates prior to disbursement. 8. To comply with all applicable laws, ordinances, and codes of the Federal, State and local governments. Specifically, the -2- provider agrees to comply with the Housing and Community Development Act of 1974, Section 109; with Executive Orders 11246 and 11063; and with Section 3 of the Housing and Urban Development Act of 1968 (Section 570.303). 9. G&A agrees that there will be no discrimination against any employee or persor, served on account of race, color, sex, religious creed, ancestry, or national origin in its per- formance of this Agreement; and it is expressly understood that upon the receipt of evidence of such discrimination, the CITY shall have the right to terminate this Agreement. 10. That no official or employee of the CITY may be admitted directly or indirectly to any share or part of this Agree- ment or to any benefit to arise from the same nor own or acquire any personal interest in any property, contract or proposed contract which would conflict with or relate to the performance, their duties or responsibilities under this Agreement. If any such person presently or in the future acquires, owns or controls any such share, benefit, or personal interest, he shall immediately disclose such share, benefit, or personal interest to the CITY. Upon such disclosure such person shall not continue his participation unless it pc/5 is determined by the CITY that his participation is not 0 0 0 contrary to public interest. G&A will comply with all r- C a 0�0 Federal, State, and local conflict of interest laws and requirements. •..� 11. That in the procurement of supplies, equipment, construction, r'i or services to implement this project shall make a positive effort to utilize small business and minority owned business sources of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority owned business sources shall be located in or owned by residents of the Community Development Target area(s) designated by the City of Miami in the Community Development Grant Appli- cation approved by the U. S. Department of Housing and Urban Development. 3 7 9 - 1 2 6 II. CITY AGREES: 1. That it will pay G&A an amount not to exceed $70,000 for the satisfactory completion of the above described services. There will be an initial payment of $20,000, upon the execution of this Agreement, a second payment of $20,000 midway through the time of performance of the Agreement and a final payment of $30,000 upon the satisfactory completion and presentation to the CITY of the above described services. These payments will require official vouchers from G&A prior to disburse- ment. III. BOTH PARTIES AGREE: !. That all reports, plans, maps, brochures, filmstrips, and other data developed as a result of this Agreement shall be delivered to the CITY by G&A and shall become the property of the CITY without restriction or limi- tation of their use. It is further stipulated that all information developed as part of this Agreement shall not be used by G&A without written consent of the CITY. IV. TERMMINATION: This Agreement may be terminated by either party at any time upon submission of thirty (30) days written notice if there is: 1. Ineffective or improper use of funds. 2. Failure to comply with the terms of the contract. 3. Submission of incorrect or incomplete reports. 4. Occasion wherein the input of the contract is rendered impossible or unfeasible. V. SIGNATORIES: IN WITNESS WHEREOF, the City of Miami and Gladstone & Associates have entered into this Agreement as of the date first above written. CITY OF MIAMI, a municipal corporation of the State of Florida ATTEST: By RALPH G. ONGIE, CITY CLERK JOSEPH R. GRASSIE, CITY MANAGER ATTEST: SECRETARY PREPARED AND APPROVED BY: 6.t -'w- V . ` 1 LC TERRY V. PERCY, 1 ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNE GEORGE F. KNOX, JR., CITY ATTORNEY GLADSTONE & ASSOCIATES tli 1 &) S .14414444,1"-- VOct PRESIDENT "SUPPORTIVE DGCLii\IF ; ,,I5 L 5 SECRETARY'S CERTIFICATION I, Everett H. Bayliss, Secretary of Gladstone Associates, Inc., hereby .certify that Barry N. Sussman has authority to sign, on behalf of Gladstone Associates, Inc., the contract with the City of Miami for $70,000.00 for the Preparation of Economic Base Analysis and Development Strategy Study. Dated: February 8, 1979 WITNESS: 2)'( o Gordon Kennedy, Jr., Pros de nt Gladstone Associates, Inc. a;P1blic .MyCommission Expires Everett H. Bayliss, Secra►'y Gladstone Associates, Inc. 79-126