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HomeMy WebLinkAboutReso 2000-188 RESOLUTION NO. 2000-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, BASED ON RESOLUTION NO. 99-182, APPROVING THE CONTRACT WITH THE CHESAPEAKE GROUP,INC., ATTACHED AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE AND EFFECTUATE SAID CONTRACT; PROVIDING FORAN EFFECTIVE DATE. WHEREAS, on December 9, 1999, by Resolution No. 99-182, the City Commission accepted the proposal for an economic redevelopment study to be performed by the Chesapeake Group, Inc.; and WHEREAS, the City Commission now desires to commence such a study for the benefit, health and welfare of its citizens; and WHEREAS, the Chesapeake Group Inc., has submitted a contract, attached hereto as Exhibit "A" for the City's approval and the City wishes to enter into this contract; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: 1. Approval of Contract. The contract by and between the City of Sunny Isles Beach and the Chesapeake Group, Inc., attached hereto as Exhibit "A" be, and same, is hereby approved. 2. Authorization of City Manager. The City Manager is hereby authorized to execute said contract attached as Exhibit "A" and do all things necessary to effectuate the agreement. 3. Effective Date. This Resolution will become effective upon adoption. ATTEST: jZ~~tv\~~ Richard Brown-Morilla, City Clerk Approval of Contract -- Chesapeake Group, Inc. Res. '. APPROVED AS TO FORM AND LEGAL SUFFICIENCY Vote: L\ --0 - \ Mayor Samson Vice Mayor Morrow Commissioner Iglesias Commissioner Kauffman Commissioner Turetsky ~(Yes) <<./ (Yes) v (Yes) V (Yes) _(Yes) Approval of Contract -- Chesapeake Group, Inc. Res. Moved by: Seconded by: ~~~~~~ ~ _(No) _(No) _(No) _(No) _(No) ~~~ CONSULTING AGREEMENT THIS Consultin~~greement (hereinafter referred to as the "Agreement") is made in duplicate, this 2Jj day of January, 2000, by and between the City of Sunny Isles Beach, Florida, (hereinafter referred to as the "City"), and The Chesapeake Group, Inc., a Maryland corporation (hereinafter referred to as the "Consultant"). RECITALS WHEREAS, the Chesapeake Group, Inc., (the "Consultant") is primarily in the business of economic analysis, planning and economic development; and WHEREAS, the Consultant has represented it has substantial experience in analysis of and implementation activity for communities interested in redevelopment and economic improvement and quality development; and WHEREAS, Consultant desires to enter into an agreement with the City (the "City") in accordance with Resolution No. 99-182; NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. RECITALS. The Recitals set forth above are hereby incorporated into this agreement and made a part hereof for reference.. 2. CONSULTING SERVICES. Consultant shall provide to the City, consulting services and advice in connection a professional survey and analysis services for Sunny Isles Beach as more particularly described in Attachment "A" attached hereto and made a part hereof. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Paragraph 8 hereunder, the term of this Agreement shall be for a period beginning on the 24th day of January, 2000 and extending until and through the 24th day of April, 2000 and may be extended as necessary, in writing by the parties hereto. 4. COMPENSATION. As the entire compensation to the Consultant for its services to the City under and during the term of this Agreement, in whatever capacity rendered, the City shall pay to the Consultant the sum of NINE THOUSAND SEVEN HUNDRED FIFTY DOLLARS, ($9,750). Payment of said compensation shall be made pursuant to the "Fee for Services" as set forth on "Attachment A" which is attached hereto and incorporated herein by reference. 1 5. INDEPENDENT CONTRACTOR RELATIONSHIP The Consultant is an independent contractor and shall be treated as such for all purposes. Nothing contained in this agreement or any action of the parties shall be construed to constitute or to render the consultant an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City, Consultant shall be responsible for any and all of its own expenses in performing its duties as contemplated under this agreement. The City shall not be responsible for any expense incurred by the Consultant. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Consultant, other than those set forth in this agreement. Consultant shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this agreement. 6 OWNERSHIP OF DOCUMENTS AND EOUIPMENT. All documents prepared by the Consultant pursuant to this agreement and related services to this agreement are intended and represented for the ownership of the City only. Any other use by Consultant or other parties shall be approved in writing by the City. 7. INDEMNIFICATION. Consultant agrees to indemnify and hold harmless, the City, its officers, agents, employees from, and against any and all claims, actions, liabilities, losses and expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the consultant, agents or other personal entity acting under Consultant's control in connection with the Consultant's performance of services pursuant to that agreement and to that extent the Consultant shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10%) of the total compensation is a specific consideration from the City to the Consultant for this indemnity. 8. TERMINA nON. A. If, through any cause within the reasonable control the Consultant shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this agreement, the City shall have the right to terminate the services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of the agreement and grant Consultant ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this agreement (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Consultant (and sub consultant(s)) shall he delivered to the City and the City shall compensate the Consultant for all services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. 2 (ii.) Notwithstanding the foregoing, the Consultant shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the agreement by Consultant and the City may reasonably withhold payments to Consultant for the purposes of set-off until such time as the exact amount of damages due the City from the Consultant is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the services then remaining to be performed at any time by given written notice which shall become effective seven (7) days following receipt by Consultant. The terms of Paragraphs A(i) and (ii) shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining services to be performed in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 9. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Consultant shall not subcontract, assign or transfer any work under this agreement with the prior written consent of the City. Should the Consultant subcontract any services under this agreement, it shall be done with continued liability for the Consultant. The Consultant shall remain responsible for services, responsibilities and liabilities of the subcontractor or any person or entity acting under Consultant. 10. TIME OF COMPLETION. The services to be rendered by the Consultant shall be commenced upon execution of this contract and shall be completed within the time specified in this agreement. A reasonable extension of time shall be granted in the event the work of the Consultant is delayed or prevented by the City or by circumstances beyond the reasonable control of the Consultant including weather conditions of acts of God which render the performance of the Consultant's duty impracticable. 11. INSURANCE REOUIREMENTS. Consultant shall maintain workmen's compensation insurance, as required by Maryland law and shall furnish a copy of insurance certificate to the City. Additionally, the Consultant shall also maintain general liability insurance in the total amount of $2 million dollars and $ Imillion per incident. A certified copy of the Consultant's (or any sub-consultant's) insurance, naming the City as an also insured, must be filed and approved with the City Manager. 12. WANER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in connection with this agreement or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either of party. 13. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be 3 Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration. And their respective attorneys' fees as may be determined by the court on confirmation. 14. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term of this Agreement or any time for a period of TEN (10) years subsequent to that date upon which the Consultant shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Consultant under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Consultant of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Consultant in a court of equity for violating such provisions. 15. NOTICES. All notices and communications hereunder shall be in writing and shall be deemed given when sent postage prepaid by registered or certified mail, return receipt requested and, if intended for City, shall be addressed to it, to the attention of the Director of Community Planning and Development for the City of Sunny Isles Beach, at Sunny Isles Beach, in Sunny Isles Beach, Florida, and if intended for the Consultant, shall be addressed to it at 8516 GREEN LANE, BALTIMORE, MARYLAND, 21244. 16. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 17. AUDIT. The Consultant shall make available to the City or its representative all required financial records associated with the Agreement for a period of THREE (3) years. 18. NON-DISCRIMINATION. The Consultant agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Consultant will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Consultant will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor other forms of compensation, and selection for 4 training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. The Consultant agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 19. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the services. The Consultant further covenants that in the performance of this agreement, no person having any such interest shall knowingly be employed by the Consultant. No member of, or delegate to the Congress of the United States shall be admitted to any share or part of this agreement or to any benefits arising therefrom. 20. MISCELLANEOUS. The Consultant shall provide the City with a copy of all of its finished work-product(s), including the finished report, on an ffiM-compatible operating system computer disk(s). 21. ENTIRE AGREEMENT. This Agreement and Attachment "A", which is expressly incorporated herein by reference, contain the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by a writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. IN WITNESS HEREOF, the parties hereunto set their hands and seals as of the date first above written. CITY OF UN NY ISLES BEACH, FLORIDA ack Neustadt, Interim City Manager BY: THE CHESAPEAKE GROUP, INC. ;~~-e..o. ~. Howard S. Kohn, President ----- 5 @ @ D THE CHESAPEAKE GROUP, INC. ATTACHMENT A November 22 , 1999 Marla Dumas Director of Planning City of Sunny Isles Beach Fax 305-949-3113 Subject: Proposal For Services Dear Marla: On behalf of The Chesapeake Group, Inc., let me thank you for the opportunity to submit this brief proposal for professional survey and analysis services for Sunny Isles Beach. The Chesapeake Group, Inc. is enthusiastic about the prospects for the project, based on our familiarity and experience with the South Florida and other municipalities in Miami- Dade and Broward Counties and experiences in many other communities and jurisdictions throughout the country. The Chesapeake Group, Inc. (TCG) is an economic analysis, planning, and economic development consulting firm headquartered in Baltimore, Maryland, but with a more than twenty year record of service in South Florida. Over the past twenty-five years, TCG has been involved with many non-profit and for-profit entities seeking analyses of creative retail, office, industrial, hotel/motel/inn, housing, recreation, and multi-use development activity and implementation assistance in numerous communities striving for economic enhancement. The success of the firm can be measured in numerous ways, including: the number of jobs retained and created; the number of new businesses attracted; increased market penetration levels; the investment in millions of dollars in projects; the increased efficiency in public sector financing and expenditures; the expansion of markets served; and the number of newly created successful ventures. ~ 1~\I~r.NtJ w ~~~ ;[jJ~ @ fifB f1fB"\I@"~f1;'i~ TCG is unique, differentiated from other planning and analyses entities for the collective reasons that follow: 1. TCG specializes in analyses of and implementation activity for communities interested in their economic enhancement and quality development. We have established a particular market niche associated with analyses of areas striving for new opportunities, increased focus. and growth in a manner acceptable to a host of diverging interests. 2. TCG's work most often entails the development of significant primary data or a new base that does not exist at the present time. This is the focus of the proposed work for your effort. 3. TCG is the only firm with the technical resources to: internalize the conduct of primary data collection and surveys; perform detailed analyses and present the findings in a manner that the general public can comprehend; develop implementation schemes; and assist with project implementation. 8516 GREEN LANE BALTIMORE, MARYLAND 21244 410-265-1784/(FAX)410-521-0480 1 ~ D ~ D 2J THE CHESAPEAKE GROUP, INC. 4, Howard Kohn, TCG's President and the Project Manager for the effort should we be fortunate enough to obtain a contract, has spent most of his professional career doing analyses and implementation related planning and economic development work. 5. TCG has significant familiarity with economic and planning conditions and circumstances in various diverse parts of Florida. We have been fortunate enough to have worked in broad geographic areas, ranging from the Panhandle to Homestead for the past twenty years. TCG has been fortunate enough in the past two years alone or at the current time to have provided services to Coconut Grove, the Miami River, Pensacola Beach, Fort Lauderdale, the Upper Eastside/Biscayne Boulevard in Miami, and North Miami Beach. We bring to the effort a significant data base and knowledge that can only be of assistance in facilitating a smooth evaluation. 6. TCG efforts involve only the time of highly skilled principals, not lower level staff with minimal experience. 7. TCG has built its reputation on providing a high level of service, having a real commitment to make efforts successful, and providing a quality product that produces results. Attesting to the level of service and commitment, TCG received the 1991 Small Business Service Award from the Baltimore County Economic Development Commission. TCG was nominated for this award by the Eastern Baltimore Area Chamber of Commerce, the Liberty Communities Development Corporation, and the Pikesville Community Growth Corporation. These were three of TCG's clients in Baltimore County. 8. TCG has a reputation for being associated with projects that are both creative and have met with success. TCG approaches the effort intended to provide pragmatic information and solutions to the current evolutionary activity and circumstances. That pragmatism is of critical importance to this particular effort. We do not wish to be involved with reports which "sit upon shelves" and suggestions that are not implementable. 9. TCG would give the project the highest priority. 10. TCG is committed to professional excellence at reasonable cost. m ~(i\':\ r:i\ (i\':\ ~ ~ .dI ru-I:I.~.~W\SJ [3,," ~y, . f! ' , "~ it,. Ii'lIlr 0,. j;,:::;;;,:,,~' :~; (:. :,,;l Q ")ii, f1 .~~~C!) Based on the preliminary conversations, the preliminary reconnaissance of Sunny Isles Beach, and our previous experiences, TCG believes that four tasks would be of great assistance in gaining an increased knowledge of the current conditions and circumstances likely to impact future economic and housing growth in Sunny Isle, The four tasks proposed to be performed by and through The Chesapeake Group, in partnership with the City and organized business group in Sunny Isles Beach, follow. . . .. A survey of the owners or management of retail and related service operations within Sunny Isle will be conducted by TCG. Direct mail, with self-addressed, stamped return envelopes, will be the method of sampling employed. The mailings will employ software based on "Yellow Page" listings, unless other appropriate and accurate files are furnished by the City. 2 @ @ D 2J THE CHESAPEAKE GROUP, INC. Depending upon the response rate, additional contact may be established by telephone with some of those not responsive to the mailing. The survey will focus upon business trends; employment and employment needs; marketing, technical and other possible assistance needs; expansion and reinvestment plans; or other information sought by the business organization or City. Task 2 - Surve of Hotel/Motel 0 erations The second survey proposed is that of the hotel/motel operations. The proposed methodology for this survey is "one-on-one" or "face-to-face". When such "face-to-face" interviews are not reasonable or possible, the telephone or mail will be employed as supplemental methodology. Based on TCG's previous experience, TCG interviews are expected to be scheduled by either the City or business organization staff on agreed upon times and dates. Task 3 - Sam lin of Area Residents Full & Part-time The third proposed program element is a survey of residents of Sunny Isles Beach, including, if possible, both those who reside there full and part-time. Telephone survey methodology would be employed, with TCG developing the questionnaire and performing all surveys. A sample of between 200 and 300 households would be obtained. The survey would be conducted during the "winter" months if possible. Software data base derived from telephone directory listings would be used, unless an enhanced data base is available through either the City or telephone company. The telephone survey would focus provided information on household demographics and lifestyles, spending patterns for retail and related services and select entertainment, and other appropriate information potentially desired by the City or business organization. Task 4 - Re art Pre aration TCG will prepare a report summarizing the methodologies and findings from the previously defined tasks in this final task. TCG will submit the report in reproducible 8 %" by 11" format and on IBM compatible floppy disk or CD. TCG will also present the highlights of the findings to the City and business group on an agreed upon date and time. ~~finhi\~~@~ ~~~ foiP~. ~@~'iElt"~~GiQ r.'Up.G~. r'8~ r.. "~Lf Y'V~. The proposed total fee for services, including all costs, is $9,750. The fee is payable on a monthly basis, based upon submitted invoices and percentages of the effort successfully complete. 3 @JV @ D @JV D ~ ~ ~ ~ THE CHESAPEAKE GROUP, INC. '",,~_~(j TI.~ 't_.~ '~t Ithtt TCG would initiate the project upon notice to proceed or formal contract approval. The effort is expected to take about twelve weeks. This time frame allows for reasonable time to conduct a direct mail survey and receive returns as well as the telephone survey. "Tasks 1" through "3" are expected to be performed simultaneously. ~~~Q~...,.. lii~~~ ~ .. ~ ,. ~,,"#-_:",~,:, ,. ~ .. ~ We look forward to working with you on this potential important Sunny Isles Beach effort. If I can be of any further assistance or answer any questions, please do not hesitate to contact me. Respectfully, ~~-z~;r.= _9---- Howard S. Kohn President 4