HomeMy WebLinkAboutR-01-0504J-01-422
05/24/01
RE -SOLUTION NO. ()1'0
504
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO NXECUTF A
PROFESSIONAL SERVICES AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH
PRICEWATERNOUSECOOPERS LLP, IN CONJUNCTION
WITH GRAU & COMPANY, P.A., TO CONDUCT THE
REQUIRED CERTIFIED PUSLTC ACCOUNTING REVIEW
OF UP TO FIVE PROPOSALS RECEIVED IN RESPONSE
TO THE REQUEST FOR PROPOSALS FOR THE WATSON
ISLAND MEGA YACHT MARINA AND MIXED USE
UNIFIED DEVELOPMENT PROJECT FOR THE
DEPARTMENT OF REAL ESTATE AND ECONOMIC
DEVELOPMENT; AND AUTHORIZING THE CITY MANAGER
TO ALLOCATE FUNDS, IN AN AMOUNT NOT TO EXCEED
$160,000, CONSISTING OF $150,000 IN FEES ANIS
$10,000 AS THE MAXIMUM ALLOWANCR FOR DIRECT
REIMBURSABLE EXPENSES, FROM CAPITAL
IMPROVEMENT PROJECT NO. 344102, AS
APPROPRIATED BY THE ANNUAL, APPROPRIATIONS AND
CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS
AMENDED.
WHEREAS, Resolution No. 00-1081, adopted December 14, 2000,
authorized the City Manager to issue a Request for. Proposals
("RFP's") seeking a qualified development team for a mega yacht
marina and mixed use project on the Northwest Quadrant of Watson
Island under the Unified Development Project ("UDP") process
outlined in the City Charter and Code; and
CITY COMM=
NEETIM Cm
MAY 2 It 2001
HoU01"tion No.
01.- 504
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WHEREAS, pursuant to Resolution No. oo-1081, the City
Commission selected the certified public accounting firm of
PricewaterhouseCoopers, LLP ("CPA"), a non -minority firm located
aL 200 South Biscayne Boul.evard, Miami, Florida, working in
conjunction with Grau & Company, P.A., a minority hispanic -owned
firm located at 111 North East 1°L Street, Miami., Florida to
evaluate proposals received in accordance with prescribed UDP
procedures outlined in Section 29-A(c) of the City Charter.; and
WHEREAS, Resolution No. 0o-1.081 further authorized the City
Manager to negotiate a Professional Services Agreement
("Agreement") with the CPA and to present the Agreement to the
City Commission for approval; and
WHEREAS, the City Manager has negotiated an Agreement with
the CPA to review up to five proposals received in response to
RFP's for the Watson Island mega yacht marina and mixed use UDP;
and
WHEREAS, funds are available from Capital Improvement
Project No. 344102, as appropriated by the Annual Appropriations
and Capital Improvement Projects Ordinances, as amended.
NOW, 'THEREFORE, HL IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
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Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorixe&I to execute a
Professional Services Agreement, in a form acceptable to the City
Attorney, with PricewaterhouseCoopers, LLP, in conjunction with
Grau & Company, P.A., to conduct the required certified public
accounting review of up to five proposals received in response to
the Request for Proposals for the Watson island Mega Yacht Marina
and Mixed Use Unified Development Project for the Department of
Real Estate and Economic Development and, additionally, to
allocate funds, in an amount not to exceed $160,000, consisting
of $150,000 in fees and $10,000 as the maximum allowance for
direct reimbursable expenses, from Capital Improvement• Project
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Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.21
PASSED AND ADOPTED this 24th day of May , 2001.
JOE CAROLLO, MAYOR
#,ia as dance vvith Miami Code See. 2-36, since the Mayor did not Indicate approval of
NO Idgi nation by signing in the designated piaca provided, said Wgislation now
tomes effeictive with the clapso of ten (10) days from the data of commission action
regarding some, without the. Mayor exercising a vote.
ATTEST-. _ • _.__� - �� !..i
Wal .r J. Foeman, City Clerk
?� If the Mayor doers not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted•
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
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PROFESSIONAL SERVICES AGREEMENT
This Agreement entered into this day of _ 2001, by and between the City of
Miami, a municipal corporation of the State of Florida, hereinafter refarred to as "CITY", and
PricewaterhouseCoopers LLP hereinafter referred to as "Provider".
RECITAL:
WHEREAS, the City commission, on December 14, 2000 adopted a Resolution which
authorized the issuance of a Request for Proposals ("RFP") for a Unified Development Project
("UDP") to solicit development proposals from the private sector for the Northwest Quadrant of
Watson Island, 1040 MacArthur Causeway on Watson Island, Miami, Florida, to be issued on
February 1, 2001 with a submission due date of June 20, 2001; and
WHEREAS, Section 29-A(c) of the City of Miami Charter requires the City Commission
to select a Certified Public Accounting (`CPA") firm to analyze proposals received in response to
the RFP based upon certain specific evaluation criteria defined within the RFP and to render a
written report of its findings to the City Manager; and
WHEREAS, the City of Miami Commission, by Resolution No. J-00-1076, on December
14, 2000, selected the certified public accounting firm of PricewaterhouseCoopers LLP in
conjunction with Grau and Company, P.A., for the purpose of analyzing proposals received in
response to the RFP; and
WHEREAS, the CITY desires that the Provider conduct an analysis and assessment of the
development proposal(s) focusing on the financial and economic aspects of said proposal(s) as
more specifically detailed herein; and
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WHEREAS, the Provider has the necessary professional qualifications required to assist
the City of Miami in the evaluation and analysis of this development proposal; and •
WHEREAS, the Provider has expressed a desire to perform the required professional
services for the CITY;
NOW THEREFORE, in consideration of the mutual covenants and obligations herein
contained, and subject to the terms and conditions hereinafter stated, the parties hereto
understand and agree as follows:
TERMS:
1. RECITALS: The recitals are true and correct and are hereby incorporated into and
made a pact of this Agreement.
2. TERM: The terns of this Agreement shall comrnenee upon execution of same, and
shall terminate upon completion of Provider's responsibilities as outlined in Attachment A.
entitled "Scope of Services" and acceptance of same by City, and in no event shall extend
beyond September 30, 2003 without specific authorization from the City Manager in the form of
an addendum to this agreement.
3. OPTION TO EXTEND: The City shall have one option to extend the term hereof
for a period of one (1) year, subject to availability and appropriation of funds. City Commission
approval shall not be required as long as the total extended term does not exceed three (3) years.
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4. SCOPE OF SERVICES:
A. Provider agrees to provide the Services as specifically described, and subject to
the special terms and conditions set forth in Attachment "A" hereto, which by this reference is
incorporated into and made a part of this Agreement.
B. Provider represents and warrants to the City that: (i) it possesses all qualifications,
licenses and expertise required under the Solicitation Documents for the performance of the
Services; (ii) it is not delinquent in the payment of any sums due the City, including payment of
permit fees, occupational licenses, etc., nor in the performance of any obligations to the City, (iii)
all personnel assigned to perform the Services are and shall be, at all times during the term
hereof, frilly qualified and trained to perform the tasks assigned to each; and (iv) the Services
will be performed in the manner described in Attachment "A".
5. COMPENSATION:
• A. The amount of compensation payable by the City to Provider shall be based on
the rates and schedules described in Attachment "B" hereto, which by this reference is
incorporated into this Agreement. If provider is entitled to reimbursement of travel expenses (i.e.
Attachment "B" includes travel expenses as a specific item of compensation), then all bills for
travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. In no
event shall the amount of compensation exceed $160,000, including out-of-pocket expenses
charged at cost, as described in Attachment "B".
B. Unless otherwise specifically provided in Attachment "B", payment shall be made
within forty-five (45) days after receipt of Provider's invoice, which shall be accompanied by
sufficient supporting documentation and contain sufficient detail, to allow a proper audit of
• expenditures, should City require one to be performed.
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6. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any
information, document, report or any other material whatsoever which is given by the City to •
Provider or which is otherwise obtained or prepared by Provider pursuant to or under the terms
of this Agreement is and shall at all times remain the property of the City. Provider agrees not to
use any such information, document, report or material for ally other purpose whatsoever without
the written consent of City, which may be withheld or conditioned by the City in its sole
discretion. Computer models developed by the Provider and used in the analysis of information
provided by the City shall not be considered the property of the City.
7. AUDIT AND INSPECTION RIGHTS:
A. The City may, at reasonable times, and for a period of up to three (3) years
following the date of final payment by the City to Provider under this Agreement, audit, or cause
to be audited, those books and records of Provider which are related to Provider's performance 40under this Agreement. Provider agrees to maintain all such books and records at its principal
place of business for a period of three (3) years after final payment is made under this
Agreement.
B. The City may, at reasonable times during the term hereof, inspect Provider's
facilities and perform such tests, as the City deems reasonably necessary, to determine whether
the services required to be provided by Provider under this Agreement conform to the terms
hereof and/or the terms of the Solicitation Documents, if applicable. Provider shall make
available to the City all reasonable facilities and assistance to facilitate the performance of tests
or inspections by City representatives. All tests and inspections shall be subject to, and made in
accordance with, the provisions of Section 18-95 of the Code of the City of Miami, Florida, as
same may be amended or supplemented, from time to time.
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8. AWARD OF AGREEMENT: Provider represents and warrants to the City that it
• has not employed or retained any person or company employed by the City to solicit or secure
this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee,
commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection
with, the award of this Agreement.
9. PUBLIC RECORDS: Provider understands that the public shall have access, at all
reasonable times, to all documents and information pertaining to City contracts, subject to the
provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public
to all documents subject to disclosure under applicable law. Provider's failure or refusal to
comply with the provisions of this section shall result in the immediate cancellation of this
Agreement by the City.
10. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Provider
• understands that agreements between private entities and local governments are subject to certain
laws and regulations, including laws pertaining to public records, conflict of interest, record
keeping, etc. City and Provider agree to comply with and observe all applicable laws, codes and
ordinances, as they may be amended from time to time.
11. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless the
City and its officials, employees and agents (collectively referred to as "Indemnitees") and each
of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including
attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to
or death of any person or damage to or destruction or loss of any property arising out of,
resulting from, or in connection with (i) the performance or non-performance of the services
contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in
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whole or in pari , by any act, omission, default or negligence (whether active or passive) of
Provider or its employees, agents or subcontractors (collectively referred to as "Provider"), •
regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent
or contributing) by any act, omission, default or negligence (whether active or passive) of the
Indemnitees, or any of them or (ii) the failure of the Provider to comply with any of the
paragraphs herein or the failure of the Provider to conform to statutes, ordinances, or other
regulations or requirements of any governmental authority, federal or state, in connection with
the performance of this Agreement. Provider expressly agrees to indemnify and hold harmless
the Indemnitees, or any of them, from and against all liabilities which may be asserted by an
employee or former employee of Provider, or any of its subcontractors, as provided above, for
which the Provider's liability to such employee or former employee would otherwise be limited
to payments under state Workers' Compensation or similar laws. .
12. DEFAULT: If Provider fails to comply with any term or condition of this Agreement,
or fails to perform any of its obligations hereunder, then Provider shall be in default. Upon the
occurrence of a default hereunder the City, in addition to all remedies available to it by law, may
immediately, upon written notice to Provider, terminate this Agreement whereupon all payments,
advances, or other compensation paid by the City to Provider while Provider was in default shall
be immediately returned to the City. Provider understands and agrees that termination of this
Agreement under this section shall not release Provider from any obligation accruing prior to the
effective date of termination. Should Provider be unable or unwilling to commence to perform
the Services within the time provided or contemplated herein, then, in addition to the foregoing,
Provider shall be liable to the City for all expenses incurred by the City in preparation and
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negotiation of this Agreement, as well as all costs and expenses incurred by the City in the Te -
procurement of the Services, including consequential and incidental damages.
13. RESOLUTION OF CONTRACT DISPUTES: Provider understands and agrees that
all disputes between Provider and the City based upon an alleged violation of the terms of this
Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to
Provider being entitled to seek judicial relief in corutection therewith. In the event that the
amount of compensation hereunder exceeds $4,500, the City Manager's decision shall be
approved or disapproved by the City Commission. Provider shall not be entitled to seek judicial
relief unless: (i) it has first received City Manager's written decision, approved by the City
Commission if the amount of compensation hereunder exceeds $4,500; or (ii) a period of sixty
(60) days has expired, after submitting to the City Manager a detailed statement of the dispute,
accompanied by all supporting documentation (ninety (90) days if City Manager's decision is
• subject to City Commission approval); or (iii) City has waived compliance with the procedure set
forth in this section by written instruments, signed by the City Manager.
14. CIT'Y'S TERMINATION RIGHTS:
•
A. The City shall have the right to terminate this Agreement, in its sole discretion, at
any time, by giving written notice to Provider at least five (5) business days prior to the effective
date of such termination. In such event, the City shall pay to Provider compensation for services
rendered and expenses incurred prior to the effective date of termination. In no event shall the
City be liable to Provider for any additional compensation, other than that provided herein, or for
any consequential or incidental damages.
B. The City shall have the right to terminate this Agreement, without notice to
Provider, upon the occurrence of an event of default hereunder. In such event, the City shall not
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be obligated to pay any amounts to Provider and Provider shall reimburse to the City all amounts
received while Provider was in default under this Agreement. •
15. INSURANCE: Provider shall, at all times during the term hereof, maintain such
insurance coverage as may be required by the City. All such insurance, including renewals, shall
be subject to the approval of the City for adequacy of protection and evidence of such coverage
shall he furnished to the City on Certificates of Insurance indicating such insurance to be in force
and effect and providing that it will not be c:mceled during the performance of the services under
this contract without thirty (30) calendar days prior written notice to the City. Completed
Certificates of Insurance shall be filed with the City prior to the performance of services
hereunder, provided, however, that Provider shall at any time upon request file duplicate copies
of the policies of such insurance with the City.
If, in the judgment of the City, prevailing conditions warrant the provision by Provider of •
additional liability insurance coverage or coverage which is different in kind, the City reserves
the right to require 1he provision by Provider of an amount of coverage different from the
amounts or kind previously required and shall afford written notice of such change in
requirements thirty (30) days prior to the date on which the requirements shall take effect.
Should the Provider fail or refuse to satisfy the requirement of changed coverage within thirty
(30) days following the City's written notice, this Contract shall be considered terminated on the
date that the required change in policy coverage would otherwise take effect.
16. NONDISCRIMINATION: Provider represents and warrants to the City that Provider
does not and will not engage in discriminatory practices and that there shall be no discrimination
in connection with Provider's performance under this Agreement on account of race, color, sex,
religion, age, handicap, marital status or national origin. Provider further covenants that no 0
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otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age,
• handicap, marital status or national origin, be excluded from participation in, be denied services,
or be subject to discrimination tinder any provision of this Agreement.
17. MINORITY AND WOMEN BUSINESS AFFAIRS AND PROCUREIgENT
PROGRAM: The City has established a Minority and Women Business Affairs and
Procurement Program (the "M/NVBE Program") designed to increase the volume of City
procurement and contracts with Blacks, His-im);c and Women -owned business. The M/WBE
Program is found in Ordinance No. 10062, a cope of which has been delivered to, and receipt of
which is hereby acknowledged by, Provider. Provider understands and agrees that the City shall
have the right to terminate and cancel this Aprecment, without notice or penalty to the City, and
to eliminate Provider from consideration and paiticipation in future City contracts if Provider, in
is
the preparation and/or submission of the Proposal, submitted false or misleading information as
to its status as Black, Hispanic and/or Women owned business and/or the quality and/or type of
minority or women owned business participation.
18. ASSIGNMENT: This Agreement shall not be assigned by Provider, in whole or in
part, without the prior written consent of the City's, which may be withheld or conditioned, in
the City's sole discretion.
19. NOTICES: All notices or other communications required under this Agreement shall
be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return
receipt requested, addressed to the other party nt the address indicated herein or to such other
address as a party may designate by notice given as herein provided. Notice shall be deemed
given on the day on which personally delivered; or, if by mail, on the fifth day after being posted
• or the date of actual receipt, whichever is earlier.
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TO PROVIDER:
Scott D. Berman, Practice Leader
PricewaterhouseCoppers, L.L.P
200 South Biscayne Boulevard, Suite 1900
Miami, FL 33131
305/375-6210
With Copies to:
•
TO CITY:
Draft 5/16/01
Carlos A. Gimenez, City Manoger
City Manager's Office
444 SW 2"dAvenue, 10" Floor
Miami, FL 33130
305/416-1025
Arleen Weintraub, Acting Director Alex Villarelo, City Attorney
Real Estate and Economic Development Dept. Law Department
444 SW 2"d Avenue, 3`d Floor 444 SW 2"d Avenue, 9a' floor
Miami, I'L 33130 Miami, FL 33130
305.416.1435 305.416.1900
20. MISCELLANEOUS PROVISIONS:
A. This Agreement shall be construed and enforced according to the laws of the State
of Florida.
B. Title and paragraph headings are for convenient reference and arc not a part of
this Agreement.
C. No waiver or breach of any provision of this Agreement shall constitute a waiver
of any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
D. Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to
conform with such laws, or if not modifiable, then same shall be deemed severable, and in either
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event, the remaining terms and provisions of this Agreement shall remain unmodified and in full
• force and effect or limitation of its use.
E. This Agreement constitutes the sole and entire agreement between the parties
hereto. No modification or amendment hereto shall be valid unless in writing and executed by
properly authorized representatives of the parties hereto.
21. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representatives, successors, or assigns.
22. INDEPENDENT CONTRACTOR: Provider has been procured and is being
engaged to provide services to the City as an independent contractor, and not as an agent or
employee of the City. Accordingly, Provider shall not attain, nor be entitled to, any rights or
benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally
afforded classified or unclassified employees. Provider further understands that Florida
• Workers' Compensation benefits available to employees of the City are not available to Provider,
and agrees to provide workers' compensation insurance for any employee or agent of Provider
rendering services to the City under this Agreement.
23. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the
availability of funds and continued authorization for program activities and the Agreement is
subject to amendment or termination due to lack of funds, reduction of funds and/or change in
regulations, upon thirty (30) days notice.
24. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and
only agreement of the parties relating to the subject matter hereof and correctly set forth the
rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises,
•
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negotiations, or representations not expressly set forth in this Agreement are of no force or
effect. •
25. COUNTERPARTS: This Agreement may be executed in two or more counterparts,
each of which shall constitute an original but all of which, when taken together, shall constitute
one and the same agreement.
26. APPROVAL BY THE OVERSIGHT BOARD: The State of Florida has appointed an
Emergency Financial Oversight Board (the "Oversight Board") which is empowered to review
and approve all pending City of Miami contracts. As a result, contracts shall not be binding an
the City until such time as they have been approved by the Oversight Board. Attestation of this
Agreement by the City Clerk shall constitute evidence of its approval by the Oversight Board.
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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized, this the day and year above
written.
"City"
CITY OF MIAMI, a municipal
ATTEST: corporation
By:
I�
I GENERAL
ATTACHMENT A
SCOPE OF SERVICES
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A. The Provider shall be under the supervision of the Director of the -Department of
Real Estate and Economic Development (hereinafter referred to as
"DIRECTOR") or designee.
B. The Provider shall carefully review the RFP, addenda and all related materials, as
appropriate, in preparation for the required work.
C. Provider shall attend required meetings specified herein as part of the required
services under this Agreement. Any additional meetings that the City requests
Provider to attend beyond those specified in this Agreement shall be compensated
as Additional Services, at the agreed upon hourly rates.
D. Provider shall submit the required deliverables within the time frame specified by
the City.
•
E. As may be directed by the City through its designated representative, Provider is
expected to cooperate and fulfill requests for information, verbal and written, that .
pertain to the Work.
F. As may be directed by the City through its designated representative, Provider is
expected to cooperate with the City's real estate development Consultant. Said
Consultant shall perform specified services directed by the City related to
evaluation of proposals.
G. The Provider shall provide its own office and work space, except as necessary
during meetings or presentations
II EVALUATION CRITERIA
Pursuant to City of Miami Charter and Code provisions, Provider shall evaluate proposals
received in response to the City's RFP according to the criteria specified in the RFP
document and reproduced herein with added detail. Provider shall, in the development of
all reports and analysis required herein, generally format such documents in accordance
with these criteria.
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A. Financial viability of each proposing entity, including Dior record and
• experience.
Provider shall summarize each development entity's financial strength and
viability as a going concern, and shall endeavor to determine the credit -worthiness
of the parties and the legitimacy and veracity of the financial information
provided in each proposal, including any record of past litigation or bankruptcy.
B. Viability of the financing strategies, source and structure.
Provider shall assess the viability of the financing strategies of each proposal in
terms of source and structure, including verification of the required letters of
reference from financial institutions, as well as any other documentation provided
or obtained in relation to a development entity's financing capabilities and
financial relationships.
C. Comparative assessment of the short and long range economic and fiscal return to
the e City•
Foe each proposal, Provider shall prepare a comparative assessment of the short
is
and long-range economic and fiscal return to the City. In this regard, the Provider
shall analyze the economic return to the City, measured in terms of lease
payments, including percentage of gross revenues, property taxes and any other
financial returns deemed appropriate. This evaluation shall attempt to validate the
•
stated economic return, based on the projected cash flow and market absorption
analysis in each development proposal, with special emphasis on permitting,
construction and start-up phases of the project.
D. Assessment of the market analysis and marketing plan.
Provider shall evaluate the market analysis and marketing plan of each proposal,
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including the pro forma cash flow, projected market absorption rates and
marketing expenditures and methods. The Provider will review the materials
provided in each proposer's market study and critically assess the market data and
underlying assumptions in order to verify the results of this study, It is
specifically required that the Provider shall have current independent information
on relevant market trends and data to accomplish this evaluation. Special
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emphasis shall be given to the evaluation of the marketing plan, in terms of
special efforts and assignment of key personnel or subs. •
E. Market and economic feasibility of the proposed development.
Provider shall analyze and verify the projected cash flows for, the proposed
facilities in terms of construction costs, market absorption, debt service ratios,
occupancy rates and other information appropriate to the specific: industry, facility
or market. Special emphasis shall be given to income and expense statements, all
applicable revenue sources (to be verified against market conditions) and rates of
economic return. Provider shall particularly address the primary concern that
revenues not be overstated or exaggerated in the proposal and that the expenses
are accurate and justifiable.
F. Financial viability and appropriateness of the operating and mann etnent plans.
Provider shall review the operating and management plans of each proposal and
analyze and assess the appropriateness and distribution of the expenses (including
salaries) for both short and long term operations of the proposed facilities. Mach
proposal's management plan shall also be analyzed in terms of proposed financial •
objectives, management technique and experience as a verification of its
appropriateness.
III ACTIVITIES TO BF. UNDERTAKEN
The Provider shall undertake and be responsible to accomplish the following activities as
part of Basic Services under this Agreement:
A. Background and Reference Check
1. Provider shall perform a background check of each development entity
and its principals to determine credit -worthiness by utilizing the services
of an established credit agency or fimi (such as TRW or Dunn &
Bradstreet)
2. Provider shall verify letters of reference from financial institutions and
other support documentation relating to financing
B. Assessment of Market Analysis
1. Provider shall verify facility programming for each component of the
proposed development •
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2. Provider shall evaluate the marketing plan of each proposal
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3. Provider shall analyze the basis for market assumptions in each proposal
including market absorption, price per square foot, occupancy, and the
like, as dictated by he land -use or operations proposed
C. Evaluate Economics of the Proposals
1. Provider shall evaluate the economic feasibility of each proposed
development, including, without limitation:
a) Analysis of projected cash flows (income and expenses statement)
for each component of each proposed development
b) Verification that revenues and expenses are reasonable
c) Evaluation of the operating procedures and management plan to
check for reasonableness
2. Return to the City
Provider shall evaluate the economic return to the City from each proposal
according to the criteria and specifically in terms of:
a) lease payments (fixed and percentage of gross revenues)
b) property taxes
c) other cash flows to the City
•
IV WORK OF SUBCONSULTANTS
Provider has agreed to work in conjunction with Gmu & Company, P.A.
("Subconsultant") as a sub -consultant under this Agreement. Said subconsultant will
perform the below listed services which represents approximately _% of the Scope of
Work.
V DELIVERABLES AND MEETINGS
The City will require, at minimum, the reports Iisted below and the attendance of the
Provider's representative or representative(s) at the meetings specified herein as part of
Basic Services under this Agreement.
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A. Assistance with Initial Threshold Evaluation.
Provider shall assist staff with the initial threshold evaluation of each proposal
pursuant to the requirements stipulated in the RFP. This is intended as an
informal working session, and any written documentation required at this phase
will be prepared by the City. Material submitted by proposers to support their
compliance with threshold requirements shall be later verified and confirmed by
Provider during the subsequent, more comprehensive evaluation of proposals.
Tlie City shall be advised, in writing, if such subsequent evaluation reveals errors
or discrepancies in the findings of the threshold review.
B. Preliminary Report
Provider shall prepare a report of its preliminary findings in the analysis of each
proposal and shall present same to the Review Committee, on approximately
July 20, 2001.
C. Oral Presentations
Provider shall attend each Proposers' oral presentation to the Review Committee, •
tentatively scheduled for July XX, 2001. Oral presentations may require one or
more meetings depending on the number of proposals received.
D. Final Report
Provider shall prepare a written independent report addressed to the City
Manager. Said report shall include, without limitation, a Provider's findings as to
the financial and economic aspects of each proposal after a thorough review of all
available materials relevant to the RFP and the individual proposals, and a
comprehensive analysis of the data and information submitted by each proposer
according to the criteria specified in the RFP. Provider shall present and/or
review said final report with the following:
1. City Manager or his designee
2. The Review Committee
3. The City Commission (during a workshop and one formal hearing for the
selection of a proposal) •
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DRAFT
VI ANTICIPATED SCHEDULE
• Provider understands and agrees that time is of the essence with regard to the evaluation
and selection of a proposal by the City Commission, and that the City's intention is to
complete the evaluation and selection process by , so as to allow for a
referendum of the voters on the selected proposal in November 2001.
VII CITY RESPONSIBILITIES
The CITY agrees to supply the following:
A. All available plans, written material, and public documents describing the
property, the project and its public purpose objectives.
B. Verbal and written information from City staff, as may be required, to orient
Provider as to the project process, the objectives of the CITY and the background
research applicable to the project.
VIII ADDITIONAL SERVICES
Should the City request that Provider, or specific employees of Provider, attend meetings
additional beyond those specified above, such services shall be compensated as
Additional Services, at the agreed upon hourly rates.
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• • DRAFT
ATTACHMENT B
COMPENSATION •
I BASIC SERVICES
For all Basic Services detailed in Attachment A to this Agreement, Provider shall be
compensated on a hump sum basis according to the number of proposals received, as
follows:
➢ Analysis of One (1) Proposal $38,000
Analysis of 2nd Proposal $32,000
Analysis of 3rd Proposal $28,000
Y Analysis of 4`h Proposal $24,000
t. P, Analysis of 5'h proposal $20,000
As maximum compensation for Basic Services under this Agreement, City shall pay and
Provider agrees to accept a fee not to exceed One Hundred Forty -Two Thousand Dollars
($142,000).
II ADDITIONAL. SERVICES
Should the City request that Provider, or specific employees of Provider, attend meetings •
additional beyond those specified as part of Basic Services in Attachment A, such
services shall be compensated as Additional Services, at hourly rates discounted for the
City under this Agreement:
III REIMBVRSEABLE EXPENSES
Provider shall be entitled to reimbursable expenses that are in addition to the stated
compensation for the services provided hereunder, and shall consist of actual, direct
expenses incurred by Provider in performing the work. Reimbursable expenses
acceptable under this Agreement include: long distance telephone, postage other than
mailings to the City, ovemight mail, courier/messenger service, parking, and outside
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Hourly Rate
Professional
Standard
Discounted
Partner
580 -
$620
$377 -
403
Senior Manager
$440 -
$590
$286 -
$384
Manager
$315 -
$380
$205 -
$247
Senior
$205 -
$250
$133 -
$163
Staff
$135 -
$160
$88 -
$104
III REIMBVRSEABLE EXPENSES
Provider shall be entitled to reimbursable expenses that are in addition to the stated
compensation for the services provided hereunder, and shall consist of actual, direct
expenses incurred by Provider in performing the work. Reimbursable expenses
acceptable under this Agreement include: long distance telephone, postage other than
mailings to the City, ovemight mail, courier/messenger service, parking, and outside
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0 •
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
The Honorable Mayor and Members
To of the City Commission
FROM:
menez
City Mana -r
$7171�1a
DATE MAY 15 2301 rILE
Resolution for Watson Island UDP -
sus,IFCT : Authorize Agreement with CPA firm
REFERENCES.
ENCLOSURES.
Draft Resolution, Agreement
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the attached Resolution
authorizing the City Manager to execute the attached agreement with PricewaterhouseCoopers
I.I.P (in conjunction with Chau and Company, P.A.) in an amount not to exceed $160,000,
consisting of $150,000 in fees anti $10,000 as the maximum allowance for direct reimbursable
expenses, to perform the required certified public accounting review of up to five (5) proposals
received in response to the City's Request for Proposals (RFP) for the Watson Island Mega
Yacht Marina and Mixed Use Unified Development Project. Funds for this purpose are to be
allocated from Capital Improvement Project No. 344102.
BACKGROUND
The Department of Real Estate and Economic Development has prepared the attached legislation
and agreement pertaining to the Unified Development Project (UDP) for the NW Quadrant of
Watson Island as a Mega Yacht Marina and Mixed Use prgicct. following prior Commission
action mandated by the City Charter and Code, the Cite Commission adopted Resolution No.
00-1081 on December 14, 2000, which authorized the issuance of a Request for Proposals (RFP)
to seek a qualified development teats for the site. That Resolution also selected the certified
public accounting,, ("CPA") tirnt of PricewaterhouseCoopers, LLP to evaluate proposals received
in accordance with prescribed UDP procedures stated in City Charter Section 29-A(c). The firm
is a non -minority company located in Miami at 200 S. Biscayne Boulevard and will work in
conjunction with Grau & Company, P.A., a Hispanic -owned minority firm also located in Miami
at 1 l 1 NE 1 st Street.
The City Manager has negotiated with said CPA firm and is now returning to the City
Commission with the attached agreement for the provision of the required professional services.
The contract total is not to exceed $160,000, consisting of $150,000 in fees for the detailed
analysis, review and report on up to five (5) proposals, plus $10,000 as the maximum allowance
for direct reimbursable expenses. Funds for this purpose are available from CIP Project No.
344102, "Development Projects Consultants", Minor Object Code 280, Professional Accounting
Services.
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0 a
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Linda Haskins, Director
To : Budget Management Department
FROM : Arleen Weintraub, Acting Director
Real Estate and Economic Development
May 14, 2001
PATE FILE
SUBJECT: Funding for CPA -- Watson Island RFP
REFERENCES:
ENCLOSURES: Cover Memo, Resolution, Agreement
In preparation for the City Commission's approval of the attached legislative item, we ask that
you verify that funds are available as follows:
Project Number: 344102
Project Name: Development Projects Consultants
Account Code: 509202-280
Account Name: Professional Accounting Services
Amount: $160,000
Purpose: Professional services of a Certified Public Accounting (CPA) firm for
the review and analysis of proposals received for the Watson Island
Unified Development Project (UDP) — Mega Yacht Marina and Mixed
Use Development
Your signature below will verify that the specified funds are available.
Verified:
Linda Haskins, Director
Budget Management
ARWIQ&
C UVAI.:
Iia ure a e
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