2000-23866 RESO
RESOLUTION NO. 2000-23866
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RANKING OF PROPOSALS RECEIVED AND AUTHORIZING
THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS
AND THE MAYOR AND COMMISSION TO CONTRACT WITH
THE NUMBER-ONE RANKED FIRM, THE CHESAPEAKE
GROUP, INC., PURSUANT TO REQUEST FOR PROPOSALS
(RFP) NO. 20-99/00, NORTH BEACH ECONOMIC
DEVELOPMENT PLAN; SHOULD THE ADMINISTRATION NOT
BE ABLE TO REACH AGREEMENT WITH THE CHESAPEAKE
GROUP, INC., AUTHORIZING THE ADMINISTRATION TO
NEGOTIATE WITH THE SECOND-RANKED FIRM, LAMBERT
ADVISORY, LLC.
WHEREAS, the City issued Request for Proposals (RFP) No. 20-99/00 to provide
professional services for a market research and strategic plan for the economic revitalization
of the North Beach area; and
WHEREAS, specification packages for RFP No. 20-99/00 were issued on December
2, 1999, resulting in the receipt of three (3) responsive proposals; and
WHEREAS, an Evaluation Committee recommended by the City Manager met on
February 2 and 15, 2000, and recommended The Chesapeake Group, Inc. as the first-ranked
respondent; and
WHEREAS, the Evaluation Committee also recommended that the Administration
negotiate with the second-rank firm, Lambert Advisory, Inc., if an agreement cannot be
reached with The Chesapeake Group, Inc., and
WHEREAS, the City Manager has reviewed the responses and the recommendation
of the Evaluation Committee and concurs with the Evaluation Committee's recommendation.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor
and City Commission herein authorize the Administration to enter into negotiations with and
the Mayor and Commission to contract with The Chesapeake Group, Inc. pursuant to RFP
No. 20-99/00, to provide professional services for a market research and strategic plan for the
economic revitalization of the North Beach area; and to negotiate with the second-rank firm,
Lambert Advisory, Inc., if an agreement cannot be reached with The Chesapeake Group, Inc
PASSED and ADOPTED this 15th day of March, 2000.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTtQN
1lYOR
ATTEST:
V dL{({ J' f1]A,(}~--tA
()
_ ~!)"'t>
----or'
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\cl.mlaml-beach.f1.U8
COMMISSION MEMORANDUM NO.
205..0 D
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
Lawrence A. Levy ~
City Manager
DATE: March 15,2000
FROM:
SUBJECT:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RANKING OF
PROPOSALS RECEIVED AND AUTHORIZING THE ADMINISTRATION
TO ENTER INTO NEGOTIATIONS AND CONTRACT WITH THE
NUMBER-ONE RANKED FIRM, THE CHESAPEAKE GROUP, INC.,
PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 20-99/00 NORTH
BEACH ECONOMIC DEVELOPMENT PLAN; SHOULD THE
ADMINISTRATION NOT BE ABLE TO REACH AGREEMENT WITH THE
CHESAPEAKE GROUP, INC., TO AUTHORIZE THE ADMINISTRATION
TO NEGOTIATE WITH THE SECOND-RANKED FIRM, LAMBERT
ADVISORY, LLC.
ADMINISTRA TION RECOMMEND A TION
Adopt the Resolution,
FUNDING
Funds are available from FY 1998/99 Planning Department budget and have been reserved by
Purchase Order dated August 24, 1999, Professional Services.
ANALYSIS
A Request for Proposals was issued on December 2, 1999, with an opening date of January 6,2000.
One-hundred forty-seven notices and seventeen (17) specifications were issued, resulting in the
receipt of proposals from the following three (3) firms:
EDA W, Inc.
Lambert Advisory, LLC
The Chesapeake Group, Inc.
AGENDA ITEM~
DATE 3....15-00
T:\AGENDA\2000\MAR1500\REGULAR\CHESAPEA WPD
RFP No. 20-99/00
Page Two
March 15, 2000
The scope of services requested in this RFP contains two parts: market research and development
of a strategic plan. The market research phase will provide new data and objective insight into the
existing conditions and realistic opportunities for investment in the residential, retail, office and
special use sectors of the market. The second phase is to identify specific short-term and long-term
strategies for economic revitalization for the commercial and residential areas of North Beach.
An Evaluation Committee, consisting of the following persons, met on February 2,2000, to review
and discuss the proposals.
Ted Berman, North Beach resident
Kent Bonde, Redevelopment Coordinator, Department of Community and Economic Development
Charles Burkett, President, North Beach Development Corporation
Kevin Crowder, Redevelopment Specialist, Department of Community and Economic Development
Brian Kraus, Ocean Surf Hotel owner, Ocean Terrace
Joyce Meyers, North Beach Planning Coordinator, Planning Department
Ronnie Singer, Executive Assistant to the City Manager
The committee met again on February 15, 2000 to interview the two highest rated proposers,
Chesapeake Group and Lambert Advisory. The Proposals were evaluated based on the following
criteria, as published in the RFP:
Project Manager's qualifications and experience
Qualifications of project team
Experience in similar projects
Appropriateness and strength of the methodology, team organization and services proposed in
response to the City's desired outcomes
Demonstrated success in assisting communities with implementation of economic development
strategies
The committee recommended The Chesapeake Group, Inc. as the top-ranked respondent by a vote
of six to one. A majority of the committee voted to negotiate with the second-ranked firm if the City
is not able to reach an agreement with The Chesapeake Group, Inc.
In accordance with the terms of the RFP, the City Manager has reviewed the Evaluation
Committee's recommendation and concurs with its ranking of proposals.
The City Commission should adopt the Resolution to negotiate and award this contract to The
Chesapeake, Group, Inc.
\d . {#t
LAL~JG/J~:jam
T:\AGENDA \2000\MAR 1500\REGULAR\CHESAPEA. WPD
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
THE CHESAPEAK GROUP, INC.
/rt,. II I
THIS AGREEMENT made this ~ day of IJ..1 M\{~
, 2000 by and between the CITY
OF MIAMI BEACH, FLORIDA (City), which term shall include its officials, successors, legal
representatives, and assigns, and THE CHESAPEAK GROUP, INC., (Consultant).
SECTION 1
DEFINITIONS
Agreement:
This written Agreement between the City and the Consultant.
City Manager:
"City Manager" means the Chief Administrative officer of the City.
Consultant:
For the purposes of this Agreement, Consultant shall be deemed to be an
independent contractor, and not an agent or employee of the City.
Final Acceptance:
"Final Acceptance" means notice from the City to the Consultant that the
Consultant's Services are complete as provided in Section 4.5 of this
Agreement.
Fixed Fee:
Fixed amount paid to the Consultant to allow for its costs and margin of profit.
Proj ect:
North Beach Economic Development Plan.
Proj ect
Coordinator:
An individual designated by the City to coordinate, direct and review on
behalf of the City all technical matters involved in the Scope of Wark and
Services.
Risk Manager:
The Risk Manager ofthe City, with offices at 1700 Convention Center Drive,
Third Floor, Miami Beach, Florida 33139.
Services:
All services, work and actions by the Consultant performed pursuant to or
undertaken under this Agreement described in Section 2.
-1-
Termination:
Termination of Consultant Services as provided In Section 4.10 of this
Agreement.
Task:
A discrete portion of the Scope of Services to be accomplished by the
Consultant, as described in Section 2 below, if directed and authorized.
SECTION 2
SCOPE OF WORK AND SERVICES REQUIRED
The Scope of Work for this Project to be performed by the Consultant is set forth in the
Proposal, entitled "The Chesapeake Group, North Beach Proposed Work Program", attached hereto
and incorporated by reference as Exhibit "A". In addition, the Consultant shall advise the North
Beach Development Corporation on objectives and an agenda for a development symposium, and
make a suitable presentation during the symposium. The Consultant shall work under the direction
of the Project Coordinator.
SECTION 3
COMPENSATION
3.1
FIXED FEE
City shall pay Consultant for performance of the Services in accordance with the Scope of
Work, attached as Exhibit "A" hereto, a fixed fee of $30,000.00.
3.2
METHOD OF PAYMENT
City shall pay Consultant for performance of the Services in accordance with the Proposal,
attached as Exhibit "A" hereto, upon completion and acceptance by the City of each phase of the
Project as follows:
$ 9,000 Phase 1 - Data Collection and Research
$ 6,000 Phase 2 - Analysis
$ 5,000 Phase 3 - Site-specific Development Concepts
$ 6,000 Phase 4 - Strategic Implementation Plan
$ 4,000 Phase 5 - Plan Reporting
$30,000 TOTAL
Consultant may submit invoices monthly for partial completion of any phase of the Project,
based upon percentage of the phase completed.
SECTION 4
GENERAL PROVISIONS
4.1
RESPONSIBILITY OF THE CONSULTANT
With respect to the performance of the Services, the Consultant shall exercise that degree of
skill, care, efficiency and diligence normally exercised by recognized professionals with respect to
the performance of comparable Services. In its performance of the Services, the Consultant shall
comply with all applicable laws and ordinances, including but not limited to applicable regulations
of the City, County, State, Federal Government, ADA, EEO Regulations and Guidelines.
-2-
4.2
PUBLIC ENTITY CRIMES
A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crimes may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to public entity,
may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under
a contract with a public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of36 months from
the date of being placed on the convicted vendor list.
4.3
PROJECT MANAGEMENT
The Consultant shall appoint a qualified individual acceptable to the City to serve as Project
Manager for the Services who shall be fully responsible for the day-to-day activities under this
Agreement and who shall serve as the primary contact for the City's Project Coordinator.
4.4
DURATION AND EXTENT OF AGREEMENT
This Agreement shall remain in force until all Services specified have been completed.
4.5
TIME OF COMPLETION
The Services to be rendered by the Consultant shall be commenced upon receipt of a written
Notice to Proceed from the City subsequent to the execution of this Agreement and Consultant shall
adhere to the completion schedule as outlined in the Proposal, attached hereto as Exhibit "A".
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 any circumstances beyond the reasonable control of the
Consultant, including weather conditions or acts of God which render performance of the
Consultant's duties impracticable.
4.6
NOTICE TO PROCEED
Unless otherwise directed by the City, the Consultant shall proceed with the work only upon
issuance of a Notice to Proceed by the City.
4.7
OWNERSHIP OF DOCUMENTS AND EQUIPMENT
All documents prepared by the Consultant pursuant to this Agreement are related exclusively
to the Services described herein, and are intended or represented for ownership by the City. Any
reuse shall be approved by the City.
4.8
INDEMNIFICATION
Consultant agrees to indemnify and hold harmless, the City of Miami Beach and its officers,
-3-
employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses,
including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful
death, loss of or damage to property, in law or in equity, which may arise or be alleged to have
arisen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its
employees, agents, sub-consultants, or any other person or entity acting under Consultant's control,
in connection with the Consultant's performance of the Services pursuant to this Agreement; and to
that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and
judgements 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 the defense of such claims and losses, including
appeals. The parties agree that one percent (1 %) of the total Compensation to the Consultant for
performance of this Agreement is the specific consideration from the City to the Consultant for the
Consultant's Indemnity Agreement.
The Consultant's obligation under this article shall not include the obligation to indemnify
the City of Miami Beach and its officers, employees and agents, from and against any actions or
claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful
conduct of the City and its officers, employees and agents. The parties each agree to give the other
party prompt notice of any claim coming to its knowledge that in any way directly or indirectly
affects the other party.
4.9
INSURANCE REQUIREMENTS
The Consultant shall not commence any work pursuant to this Agreement until all insurance
required under this Section has been obtained and such insurance has been approved by the City's
Risk Manager. The Consultant shall maintain and carry in full force during the term of this
Agreement and throughout the duration of this project the following insurance:
1. General Liability in the amount of $2,000,000. A certified copy of the Consultant's
(and any sub-consultants') Insurance Certificate must be filed and approved by the
Risk Manager prior to commencement.
2. Workers Compensation & Employers Liability as required pursuant to Maryland
statute.
3. Thirty (30) days written notice of cancellation or substantial modification in the
insurance coverage must be given to the City's Risk Manager by the Consultant and
his insurance company.
4. The insurance must be furnished by insurance companies authorized to do business
in the State of Maryland and approved by the City's Risk Manager.
5. Original certificates of insurance for the above coverage must be submitted to the
City's Risk Manager for approval prior to any work commencing. These certificates
will be kept on file in the office of the Risk Manager, 3rd Floor, City Hall.
6. The Consultant is responsible for obtaining and submitting all insurance certificates
for their consultants.
-4-
All insurance policies must be issued by companies authorized to do business under the laws
of the State of Maryland The companies must be rated no less than "B+" as to management and not
less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by
A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City's
Risk Manager.
Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities
and obligations under this Section or under any other portion of this Agreement, and the City shall
have the right to obtain from the Consultant specimen copies of the insurance policies in the event
that submitted certificates of insurance are inadequate to ascertain compliance with required
overage.
4.9.1 Edorsements
All of Consultant's certificates, above, shall contain endorsements providing that written
notice shall be given to the City at least thirty (30) days prior to termination, cancellation or
reduction in coverage in the policy.
4.9.2 Certificates
Unless directed by the City otherwise, the Consultant shall not commence any services
pursuant to this Agreement until the City has received and approved, in writing, certificates of
insurance showing that the requirements of this Section (in its entirety) have been met and provided
for.
4.10 TERMINATION. SUSPENSION AND SANCTIONS
4.10.1 Termination for Cause
If through any cause within the reasonable control of the Consultant, 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 thereupon have the right to terminate the
Services then remaining to be performed. Prior to exercising its option to terminate for cause, the
City shall notify the Consultant of its violation of the particular terms of this Agreement and shall
grant Consultant ten (10) days to cure such default. If such default remains uncured after ten (10)
days, the City, upon three-(3) days' notice to Consultant, may terminate this Agreement.
In that event, all finished and unfinished documents, data, studies, surveys, drawings, maps,
models, photographs, reports and other work products prepared by the Consultant and its
subcontractors shall be properly delivered to the City and the City shall compensate the Consultant
in accordance with Section 3 for all Services performed by the Consultant prior to Termination.
Notwithstanding the above, the Consultant shall not be relieved of liability to the City for
damages sustained by the City by virtue of any breach of the Agreement by the Consultant and the
City may reasonably withhold payments to the Consultant for the purposes of set off until such time
as the exact amount of damages due the City from the Consultant is determined.
-5-
4.10.2 Termination for Convenience of City
The City may, for its convenience, terminate the Services then remaining to be performed
at any time by giving written notice to Consultant of such termination, which shall become effective
seven (7) days following receipt by Consultant of the written termination notice. In that event, all
finished or unfinished documents and other materials as described in Section 2 shall be properly
delivered to the City. Ifthe Agreement is terminated by the City as provided in this Section, the City
shall compensate the Consultant for all Services actually performed by the Consultant and reasonable
direct costs of Consultant for assembling and delivering to City all documents. Such payments shall
be the total extent of the City's liability to the Consultant upon a Termination as provided for in this
Section.
4.10.3 Termination for Insolvencv
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 an assignment
for the benefit of creditors. In such event, the right and obligations for the parties shall be the same
as provided for in Section 4.10.2.
4.10.4 Sanctions for Noncompliance with Nondiscrimination Provisions
In the event of the Consultant's noncompliance with the nondiscrimination provisions ofthis
Agreement, the City shall impose such Sanctions as the City or the State of Florida may determine
to be appropriate, including but not limited to withholding of payments to the Consultant under the
Agreement until the Consultant complies and/or cancellation, termination or suspension of the
Services, in whole or in part. In the event the City cancels or terminates the Services pursuant to this
Section the rights and obligations of the parties shall be the same as provided in Section 4.10.2.
4.10.5 Chan2es and Additions
Each such change shall be directed by a written Notice signed by the duly authorized
representatives of the Consultant. Said Notices shall provide an equitable adjustment in the time of
performance, a reallocation of the task budget and, if applicable, any provision of this Agreement
which is affected by said Notice. The City shall not reimburse the Consultant for the cost of
preparing Agreement change documents, written Notices to Proceed, or other documentation in this
regard.
4.11
ASSIGNMENT. TRANSFER OR SUBCONTRACTING
The Consultant shall not subcontract, assign, or transfer any work under this Agreement
without the prior written consent of the City; which consent, if given, shall be at the sole and
absolute discretion of the City.
4.12
SUB-CONSUL T ANTS
The Consultant shall be liable for the Consultant's services, responsibilities and liabilities
under this Agreement and the services, responsibilities and liabilities of sub-consultants, and any
-6-
other person or entity acting under the direction or control of the Consultant. When the term
"Consultant" is used in this Agreement, it shall be deemed to include any sub-consultants and any
other person or entity acting under the direction or control of Consultant. All sub-consultants must
be approved in writing prior to their engagement by Consultant.
4.13
EQUAL EMPLOYMENT OPPORTUNITY/ADA NON-DISCRIMINATION
POLICY
In connection with the performance of this Agreement, the Consultant shall not discriminate
against any employee or applicant for employment because of race, color, religion, ancestry, sex, age,
national origin, place of birth, marital status, or physical handicap. The Consultant shall take
affirmative action to ensure that applicants are employed and that employees are treated during their
employment without regard to their race, color, religion, ancestry, sex, age, national origin, place of
birth, marital status, disability, or sexual orientation. Such action shall include, but not be limited
to the following: employment, upgrading, demotion, or termination; recruitment or recruitment
advertising; layoff or termination; rates of pay, or other forms of compensation; and selection for
training, including apprenticeship.
Consultant agrees to adhere to and be governed by all applicable requirements of the laws
listed below including, but not limited to, those provisions pertaining to employment, provision of
programs and services, transportation, communications, access to facilities, renovations, and new
construction.
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-
336, 104 Stat 327, 42 US.C. 12101-12213 and 547 US.c. Sections
225 and 611 including Title I, Employment; Title II, Public Services;
Title III, Public Accommodations and Services Operated by Private
Entities; Title IV, Telecommunications; and Title V, Miscellaneous
Provisions.
The Rehabilitation Act of 1973: 29 US.C. Section 794.
The Federal Transit Act, as amended: 49 US.C. Section 1612.
The Fair Housing Act as amended: 42 US.C. Section 3601-3631.
Consultant must complete and submit the City's Disability Non-Discrimination Affidavit
(Affidavit). In the event Consultant fails to execute the City's Affidavit, or is found to be in non-
compliance with the provisions of the Affidavit" the City may impose such sanctions as it may
determine to be appropriate, including but not limited to, withholding of payments to Consultant
under the Agreement until compliance and/or cancellation, termination or suspension of the
Agreement in whole or in part. In the event, the City cancels or terminates the Agreement pursuant
to this Section, Consultant shall not be relieved of liability to the City for damages sustained by the
City by virtue of Consultant's breach of the Agreement.
4.14
CONFLICT OF INTEREST
-7-
The Consultant agrees to adhere to and be governed by the Metropolitan Dade County
Conflict of Interest Ordinance (No. 72-82), as amended; and by the City of Miami Beach Charter and
Code, which are incorporated by reference herein as if fully set forth herein, in connection with the
contract 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.
4.15 PATENT RIGHTS~ COPYRIGHTS~ CONFIDENTIAL FINDINGS
Any patentable result arising out of this Agreement, as well as all information, design
specifications, processes, data and findings, shall be made available to the City for public use.
No reports, other documents, articles or devices produced in whole or in part under this
Agreement shall be the subject of any application for copyright or patent by or on behalf of the
Consultant or its employees or subcontractors.
4.16 NOTICES
All communications relating to the day-to-day activities shall be exchanged between the
Project Manager appointed by Consultant and the Project Coordinator designated by the City. The
Consultant's Project Manager and the City's Project Coordinator shall be designated promptly upon
commencement of the Services.
All other notices and communications in writing required or permitted hereunder may be
delivered personally to the representatives of the Consultant and the City listed below or may be
mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the city
of dispatch).
Until changed by notice in writing, all such notices and communications shall be addressed
as follows:
TO CONSULTANT:
The Chesapeak Group, Inc.
8516 Green Lane
Baltimore, Maryland 21244
Telephone (410) 265-1784
Facsimile (410) 521-0480
TO CITY:
City of Miami Beach
City Clerk
1700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7411
-8-
WITH COPIES TO:
Office of the City Attorney
Attn: Murray H. Dubbin, City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7470
Notices hereunder shall be effective:
If delivered personally, on delivery; if mailed to an address in the city of dispatch, on
the day following the date mailed; and if mailed to an address outside the city of
dispatch on the seventh day following the date mailed.
4.17 LITIGATION JURISDICTION
Any litigation between the parties, arising of, or in connection with this Agreement, shall be
initiated in the court system of the State of Florida.
4.18 ENTIRETY OF AGREEMENT
This writing and the Scope of Services embody the entire Agreement and understanding
between the parties hereto, and there are no other agreements and understandings, oral or written
with reference to the subject matter hereof that are not merged herein and superseded hereby. The
Scope of Services is hereby incorporated by reference into this Agreement to the extent that the terms
and conditions contained in the Scope of Services are consistent with the Agreement. To the extent
that any term in the Scope of Services is inconsistent with this Agreement, this Agreement shall
prevail.
No alteration, change, or modification of the terms of this Agreement shall be valid unless
amended in writing, signed by both parties hereto, and approved by the City Commission of the City
of Miami Beach.
This Agreement shall be governed by and construed according to the laws of the State of
Florida.
4.19 LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit
on the City's liability for any cause of action for money damages due to an alleged breach by the City
of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000.00.
Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery
from the City for any damage action for breach of contract to be limited to a maximum amount of
$10,000.00 less the amount of all funds actually paid by the City to Consultant pursuant to this
Agreement.
-9-
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
1 !).~!mJ
Date
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant
hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess
of $1 0,000.00 which amount shall be reduced by the amount actually paid by the City to Consultant
pursuant to this Agreement, for any action or claim for breach of contract arising out of the
performance or non-performance of any obligations imposed upon the City by this Agreement.
Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a
waiver of the limitation placed upon City's liability as set forth in Section 768.28, Florida Statutes.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first entered above.
FOR CITY:
CITY OF MIAMI BEACH, FLORIDA
]1l1~ ~U~
City Clerk
1!If
Mayor
/ If
FOR CONSULTANT:
THE CHESAPEAIfGROUP, INC.
ATTEST:
1A
l~'~
Howard S. Kohn, President
-10-
THE CHESAPEAKE GROUP, INC.
~ @) Q?~~
~~~~~
~G~~~
This proposed work program was prepared to address the economic and market issues
associated with the total and sub geographic areas defined in the RFP. It is based on
the needs defined in the RFP, an area reconnaissance, and TCG's methodology
particularly associated with generating quality information, The work program to
analyze both the residential and commercial components of the project and to develop a
strategic economic development plan calls for five overlapping phases. The following is
the proposed scope.
PHASE 1 - DATA COLLECTION AND RESEARCH
The first phase of the work program for the neighborhood housing component and
commercial areas/corridors includes comprehensive data collection essential for demand
projections for the market analysis and strategic plan development. As part of the initial
work, TCG will conduct, perform, or collect:
* one-on-one. in-person interviews with 10 to 15 "critical" actors. Critical actors may
include Development Corporation representatives, real estate industry
representatives, key property owners or their representatives, residential community
leaders, business operators in the area, key City staff, representatives of the
organized business community, elected officials, and others. Each interview is
expected to be between one-half and one hour;
* a survey of commercial corridor patrons. A survey of the various commercial
corridors' patron bases will be conducted. The survey will be geared toward
expanding the data base for this targeted market and identifying residentially based
market areas, generating information similar, but in lesser detail than that described
in the telephone survey;
* a telephone survey of residents. A sample of about 250 households will be
obtained in a composite residential market areas defined through the commercial
corridor patron surveys. The survey will include questions that will result in data
associated with spending patterns. commercial utilization patterns, attitudes and
opinions, housing issues. demographics. and lifestyles. This survey is key to quality
demand projections, particularly in an area that has a population base in transition;
differentiating patrons from potential or non-patrons at the current time; and defining
effective market penetration;
* survey of area businesses. Area businesses will be surveyed by direct mail or
telephone and a through a sampling of individual in-person interviews;
* reconnaissance of the study area. For about one-half day, City staff would be
expected to orient TCG toward the community, Associated work, not necessarily
performed simultaneously, will include digital and/or video photography;
* inventorying of non-residential activity within the study area and immediate
surroundings. The inventory will be generated through computer models or data
bases, based on "Yellow Page" listings; and
8516 GREEN LANE, BALTIMORE, MARYLAND 21244, 41o-265-17841(FAX)410-521-0480
7
E
ca
I..
en
o
I..
D.
~
I..
o
3:
"
G)
en
o
a.
o
I..
D.
Exhibit A
THE CHESAPEAKE GROUP, INC.
. Existing data and plans. All existing information available through the City, Development
Corporation, or community-based entities is expected to be provided to TCG and will be reviewed
and analyzed by TCG,
It is noted that if the transient accommodations' (hotel/motel) operators will make lists of their clients
available, or if another means can be found to obtain information on those using the hotel, TCG will also
conduct a survey by mail or telephone of such users.
TCG will meet with the City and other entities that the client desires, such as the Development
Corporation or other appropriate community groups, on mutually agreed upon dates and times.
PHASE 2 - ANALYSIS
During and after the initial data collection is completed, TCG will evaluate and analyze all of the
information and base data, utilizing standard statistical methods and procedures and TCG proprietary
computer models. The analysis will look at area-wide patterns and trends as well as trends for the sub-
sections of the North Beach area. Estimates of future demand will be based on regional and city-wide
patterns and potential and identifiable market gaps which might be addressed within the North Beach
area.
The analysis is expected to yield information with respect to but not necessarily limited to the following:
. profile of existing businesses;.
. definition of market areas associated with retail and related service activity;
. definition of the commercial components of demand;
. demographic and economic characteristics or profile of commercial market area consumers or
components of demand;
. definition of market area population spending, shopping, and commercial utilization patterns,
based on actual data developed through surveys;
. definition of the current customer base and commercial utilization patterns, based on actual data
developed through surveys;
. definition of the current or potential commercial market or components of demand penetration
levels;
. definition of competitive advantages and disadvantages associated with the study area and sub-
areas, if different;
. demand forecasts for retail and retail related services, by major retail category and sub-category,
, and capturable space for the study area;
. estimates of market gaps that exist and likely gaps in the future in the market;
. definition of retail and related services specific business types that would be marketable;
. definition of housing patterns and trends; .
. definition of housing and neighborhood issues impacting the residential markets;
. demographic and economic characteristics or profile of residential market area consumers or
components of demand;
. definition of residential market area population housing spending patterns, based on actual data
developed through surveys and other information;
. . . definition of the current and future residential purchaser/tenant "customer" base;
. definition of the potential residential market penetration levels for segments of the market;
. definition of competitive advantages and disadvantages associated with the neighborhoods for
residential;
. demand forecasts for residential activity by housing type, ownership, lease/purchase arrangements,
size, and amenities, if appropriate, for the neighborhoods;
. definition of downtown payment levels and affordability range; and
. estimates of market gaps that exist and likely gaps in the future in the residential market.
8
Exhibit A
THE CHESAPEAKE GROUP, INC.
All projections will be made for the current, five, and ten year periods.
Preliminary findings will be presented by TCG to the City and community-based interests, if desired by
the City, at meetings on mutually agreed upon dates and times.
PHASE 3 - SITE SPECIFIC DEVELOPMENT CONCEPTS
TCG will develop site specific development, reuse, or redevelopment concepts for an agreed upon
reasonable number of .priority" sites for commercial, residential, or multi-functional activity. lIIustratives
conveying the site specific development opportunities can also be developed for marketing purposes if
desired as well.
PHASE 4 - STRATEGIC IMPLEMENTATION PLAN
In addition, TCG will prepare three additional elements that are believed to be of critical importance.
. The first of these is an outline of a neighborhood or community (residential) revitalization or
stabilization strategy. This strategy is likely to deal with a number of issues, including but not
limited to those that impact seniors and those that address new demographic components that
may have been identified.
. The second is a market development strategy, with either or both a business and residential
retention and recruitment elements, depending upon the market analysis findings, intended to
establishment market niches deemed appropriate, attract the optimal tenant mix of activity (for
commercial), increase market penetration within existing markets and components of demand,
and/or capture new markets or components of demand.
. The third is a marketing plan for the corridor and neighborhood residential activity, programs, or
development defined by the market analysis.
Preliminary findings will be presented by TCG to the City and community-based interests, if desired by
the City, at meetings on mutually agreed upon dates and times.
PHASE 5 - PLAN REPORTING
TCG will produce a camera-ready 8-1/2 x 11 report summarizing the process utilized, the findings,
conclusions, and recommendations with respect to the plan. TCG will also prepare a camera-ready
"Executive Summary" of conclusions and suggestions for general reproduction and distribution. (TCG will
not be responsible for reproduction.) It is also noted that both documents will be transmitted to the City
through IBM-compatible disk or CD.
9
Exhibit A
THE CHESAPEAKE GROUP, INC.
~ @) crQQ\J
[1E3,..,.,.. ~ ~ ~ ~i':
.' , . ._ ..' x' ~"~r
.:]I.~"., '..,; ,'.. .{j""
TCG anticipates that the client will perform, provide or, participate in the following:
. The provision of secondary data and information in possession of the client.
. Define specific "critical actors", in consultation with TCG.
. Take responsibility for contacting critical actors and arranging meetings between
TCG and the critical actors in advance on dates provided by TCG,
. Participate in area reconnaissance.
. Handle logistics associated with all the identified meetings,
. Work in a cooperative manner with TCG.
8516 GREEN LANE, BALTIMORE, MARYLAND 21244 410-265-1784/(FAX)410-521-0480
10
tn
~
.-
..
.-
.-
.a
.-
tn
C
o
a..
tn
m
D::
tn
-
..
C
m
.-
u
Exhibit A
THE CHESAPEAKE GROUP, INC.
~ @) [?~Gfu
~~~~~
~~~~~
TCG will initiate activity upon receipt of a written notice of award of the project and
contract, The RFP defines an approximate March 1 start-up, The following is an
approximate schedule that can be modified based on the client's needs. It is noted that
the survey work defined in the RFP requires significant "front end" time to successfully
complete,
8516 GREEN LANE, BALTIMORE, MARYLAND 21244 410-265-1784/(FAX)410-521-0480
11
~
~
-a
~
.c
u
tn
-a
~
tn
o
a.
o
a-
D.
Exhibit A