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VII.7. Friendly Store Fronts Program; Howard (CR2017-085) June 20, 2017 Council Report 2017- 085 Friendly Store Fronts Program Proposed Action. Staff recommends adoption of the following motion: Move that Council approve the Friendly Store Fronts Contract between the City and the Musicant Group and authorize staff to make minor revisions to the contract prior to signing. Overview: The Friendly Store Fronts program seeks to connect up to 20 downtown businesses with resources to activate their storefronts and contribute to the vitality of Mainstreet through access to micro-grants up to $500 and professional placemaking consulting services. The cost of the contract, including the micro-grants is not to exceed $40,000. Hennepin County has agreed to fund the program up to $30,000. The City of Hopkins will leverage those resources by working with the Musicant Group to offer expertise in making connections in the growing downtown area. The Musicant Group will complete a needs assessment walkthrough of downtown with city staff, provide one-on-one consultations and a community workshop for participating businesses, and also develop a storefront activation toolkit to be used by merchants going forward. City staff will undertake the promotion of the program and recruitment of businesses to participate. In addition to the Friendly Store Fronts program, the City will plan and put on an Open Streets event on Mainstreet on Saturday, October 14. The purpose of the Open Streets event, in part, will be to showcase the various projects that were completed through the Friendly Store Fronts Program. The cost of the Open Streets event will not exceed $5,000. Primary Issues to Consider: • What are the goals of the program? • What are the concerns of the program? • How will the partnership between the city, businesses and the Musicant Group work to ensure successful implementation of the program? Supporting Information: • Friendly Store Fronts Contract ________________________________________ Kurt Howard Council Report 17-085 Page 2 Planning and Economic Development Intern Analysis of the Issues What are the goals of the program? • Strengthen the vitality of Mainstreet – activating storefronts along Mainstreet will create a more vibrant public space that will attract visitors and community members alike. This activation will lead to increased business activity and sales which will continue to spur economic growth in this area. • Making connections – creating friendlier storefronts will enhance the walkable character of downtown Hopkins and encourage connections between the heart of Mainstreet with western Mainstreet as well as the blocks north and south. • Build visibility – enhancing storefronts will help build visibility and brand awareness for downtown Hopkins. What are the concerns of the program? • Unsure of demand – This program offers a significant incentive for property owners to participate. Since the program is new, city staff is unsure of what interest may be generated. Businesses will be moved through stages of the program in 3 cohorts such that the consultant can manage projects in the event that participation in the program is robust, or advertise successful installations to recruit additional participants if needed. How will the partnership between the city, businesses and the Musicant Group work to ensure successful implementation of the program? • City staff and the Musicant group will conduct a needs assessment walk-through resulting in a memorandum outlining the needs and opportunities for the entire district and locational targets for the Friendly Store Fronts initiative. • City staff will promote the program and recruit businesses for participation. • The Musicant Group will lead 1-2 placemaking workshops for business and property owners and provide one-on-one consultations with businesses to develop a Friendly Store Front project for their business. • The Musicant Group will develop a Friendly Store Fronts Toolkit with step by step guidance on creating social and commercial activity through savvy but low cost placemaking improvements within and outside storefronts to be used by merchants going forward. Financial Impact: $_$45,000_Budgeted: Y _Source: Hennepin County Grant and Economic Develeopment Fund________ Related Documents (CIP, ERP, etc.): _______________________________________ Notes: _______________________________________________________________ Council Report 17-085 Page 3 Alternatives The Council has the following alternatives: • Approve and adopt the Friendly Fronts Program • Approve the Friendly Fronts Program with revisions • Deny and opt not to move forward with the Friendly Fronts Program 1 501436v1 AMB HP145-9 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (the “Agreement”) is made and entered into this ___ day of ____________, 2017 (the “Effective Date”), by and between the City of Hopkins, a Minnesota municipal corporation (the “City”), and The Musicant Group, LLC., a limited liability company established under the laws of Minnesota (the “Contractor”). The City and the Contractor may hereinafter be referred to collectively as the “Parties.” WHEREAS, the City wishes to hire the Contractor to perform the professional services described in Exhibit A attached hereto; and WHEREAS, the Contractor represents that it has the necessary skill, equipment, experience, and personnel to provide the requested services to the City; and WHEREAS, the City desires to contract with the Contractor to provide, and the Contractor desires to provide, the requested professional services in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the promises and the mutual obligations of the Parties hereto, each of them does hereby covenant and agree with the other as follows: 1. Services. (a) The Contractor agrees to provide the City with the professional services as described in Exhibit A, attached hereto, for the purpose of developing the Friendly Storefronts Initiative within the City (the “Services”). The list of Services may be further expanded upon by mutual agreement of the Parties without invalidating this Agreement. (b) The Contractor agrees to furnish all labor, equipment, and materials necessary to perform the Services. All Services provided by the Contractor shall be of similar quality of other professionals who provide similar services and consistent with any applicable professional standards. 2. Compensation for Services. In exchange for the Services, the City agrees to pay the Contractor in accordance with the following fee schedule, plus any applicable sales taxes or other fees approved by the City: (a) Total Fee: $30,000.00, paid pursuant to the schedule contained herein (b) Reimbursable Expenses: Not to exceed $2,000, pursuant to the terms herein No claim for services furnished by the Contractor not specifically provided for and identified herein, or otherwise agreed-upon by the Parties, will be honored by the City. 2 501436v1 AMB HP145-9 3. Reimbursable Expenses. The following expenses shall be reimbursable to the Contractor by the City, at the rates herein specified: Mileage: 53.5 cents per mile (2017 IRS rate) Postage: Actual Cost Workshop Supplies: Actual Cost No reimbursable expenses shall be paid by the City unless the Contractor has provided the City with an itemized invoice of such expenses, along with proof of purchase for such expenses. 4. Request for Payment. The Contractor shall submit itemized invoices for the Services it provides to the City on a monthly basis. The itemized invoices shall clearly identify all work completed. Invoices submitted will be processed and paid in the same manner as other claims made to the City. The Contractor shall be entitled to collect its total fee of $30,000 in three equal installments. The Contractor shall request payment of such installments on the following dates: Payment 1: Upon execution of this Agreement Payment 2: September 1, 2017 Payment 3: December 31, 2017 5. Term and Termination. The term of this Agreement shall commence on the Effective Date of this Agreement and continue until December 31, 2017. The Agreement may be terminated for any reason by either party upon providing 30 days’ written notice to the other party. Upon termination, the City shall be responsible for paying the Contractor only for the Services performed up to the date of termination. The Contractor’s indemnification obligations shall survive the termination of this Agreement. 6. Independent Contractor. The Contractor shall at all times be deemed an independent contractor. The Contractor is not to be deemed an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided herein. All Services provided by the Contractor pursuant to this Agreement shall be provided on an independent contractor basis and not as an employee of the City for any purpose including, but not limited to, income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts, and eligibility for employee benefits. 7. Compliance with Laws and Regulations. In providing the Services hereunder, the Contractor must abide by all applicable statutes, ordinances, rules, and regulations.. Any violation of this section will constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 3 501436v1 AMB HP145-9 8. Equal Opportunity. During the performance of this Agreement, the Contractor must not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. Violation of any part of this provision shall entitle the City to immediately terminate this Agreement. 9. Indemnification. To the fullest extent permitted by law, the Contractor, and its successors or assigns, agrees to protect, defend, save, and hold harmless the City, its officers, agents, and employees from all claims, suits, or actions of any kind, nature, or character, and the costs, disbursements, and expenses of defending the same including, but not limited to, attorneys’ fees, professional services, and other technical, administrative, or professional assistance resulting from or arising out of the alleged negligence, breach of contract, or willful misconduct of the Contractor, its subcontractors, agents, or employees related to or arising out of the performance of, or failure to perform, the Services under this Agreement. Nothing herein shall be construed as a limitation on or waiver of any immunities or limitations on liability otherwise available to the City. 10. Insurance. During the entire term of this Agreement, the Contractor must maintain workers’ compensation insurance (to the extent required by law). 11. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: The City: The City of Hopkins 1010 1st St. S. Hopkins, MN 55343 Attn: City Manager The Contractor: The Musicant Group, LLC 2216 Harriet Avenue S. Minneapolis, MN 55405 Attn: Max Musicant Or such other address as either party may provide to the other by notice given in accordance with this provision. 12. Third Party Rights. The Parties to this Agreement do not intend to confer on any third party any rights under this Agreement. 13. Assignment. Neither party will assign any part of this Agreement, nor any interest arising herein, without the written consent of the other party. 4 501436v1 AMB HP145-9 14. Not Exclusive. This Agreement does not constitute an exclusive contract between the City and the Contractor. The City remains free to contract for similar services from other contractors and the Contractor remains free to contract to provide similar services to others, provided that any such contracts do not interfere with its ability to provide the Services under this Agreement. 15. Audit Disclosure. The Contractor must allow the City, or its duly authorized agents, and the state auditor or legislative auditor reasonable access to the Contractor’s books, records, documents, and accounting procedures and practices that are pertinent to all Services provided under this Agreement for a minimum of six years from the termination of this Agreement. 16. Data Practices Act Compliance. Data provided, produced, or obtained under this Agreement shall be administered in accordance with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. The Contractor will immediately report to the City any requests from third parties for information relating to this Agreement. The Contractor agrees to promptly respond to inquiries from the City concerning data requests. 17. Waiver. Any waiver by either party of a breach of any provision of this Agreement will not affect, in any respect, the validity of the remainder of this Agreement. 18. Entire Agreement. This document, including the above recitals and the attached exhibit, constitute the entire agreement between the Parties and it supersedes all oral agreements and negotiations between the Parties regarding the subject matter of this Agreement. 19. Amendments. No modification, amendment, deletion, or waiver in the terms of this Agreement is valid unless it is in writing and signed by the Parties, with the exception of any mutually agreed-upon modifications to the scope of Services provided hereunder. 20. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit, or affect the scope and intent of this Agreement. 21. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision will not affect the remaining provisions of the Agreement. 22. Governing Law and Venue. This Agreement will be controlled by the laws of the State of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota in Hennepin County, and all Parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. [SIGNATURE PAGE FOLLOWS] 5 501436v1 AMB HP145-9 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below and effective as of the date first written above. THE CITY: THE CONTRACTOR: By: ___________________________ By: ___________________________ Molly Cummings, Mayor Its: ___________________________ By: ___________________________ Mike Mornson, City Manager A-1 501436v1 AMB HP145-9 EXHIBIT A Description of Services Project Overview Goals • Strengthen the commercial and social vibrancy of Downtown Hopkins through dynamic business-led storefront activations and merchandising • Build visibility and brand awareness for Downtown Hopkins as the “friendlies downtown” Strategies • Create a toolkit and process on how to activate one’s storefront that can be used by all merchants going forward • Create a culture among businesses that dynamic store window and sidewalk activations and merchandising is the norm • Jump-start the adoption of this culture by providing technical assistance and micro-grants to up to 20 businesses who opt-into the program Deliverables for Musicant Group • 1 walk-through and needs assessment of Downtown Hopkins with city staff. Will result in a short memorandum outlining needs and opportunities for the entire district and locational targets for the Friendly Store Fronts initiative • Development of a Friendly Store Fronts Toolkit. Would be a step-by-step guide on how to create social and commercial activity through savvy but low cost placemaking improvements within and outside of storefronts • Leading 1-2 workshops for business and property owners on placemaking and the Friendly Store Fronts process • Providing 1-on-1 consultation, assessment and implementation support for up to 20 businesses on deploying a Friendly Store Front project for their businesses • Administering distribution of micro grants and contracts to participating businesses • Collecting data from businesses regarding the impacts of their participation in the program City of Hopkins Responsibilities • Promoting the project and recruiting the participating businesses A-2 501436v1 AMB HP145-9 Schedule Businesses will be enrolled through three cohorts of up to 8 businesses at a time. Cohort 1’s Schedule will be: ● June 26 - 30 — Site visits and interviews ● July 10 - 21 — Plan implementation ● September 28 — Evaluation surveys due Cohort 2’s (tentative) • July 10-15 – Site visit and interviews • July 24-28 – Plan implementation • September 28 – Evaluation surveys due Cohort 3’s (tentative) • August 1-4 – Site visit and interviews • August 14-18 – Plan Implementation • September28 – Evaluation surveys due Draft of Toolkit submitted for review and comment, based in part on findings of evaluation surveys – October 27 Final version of Toolkit delivered: November 17 or 3 weeks after getting comments back, whichever is later.