HomeMy WebLinkAboutR-99-0442a'
J-99-528
6/9/99
RF:..gnT,T7TTON NO. .i o1 - 442
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), APPROVING THE
RECOMMENDATION OF THE CITY MANAGER TO ACCEPT
A PROPOSAL FROM ABRAMSON & ASSOCIATES, INC.
FOR REAL, ESTATE CONSULTING SERVICES TO ASSIST
IN THE REDEVELOPMENT POTENTIAL OF VARIOUS
CITY -OWNED PROPERTIES; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, IN AN AMOUNT NOT TO EXCEED
$45,000 INCLUDING OUT-OF-POCKET EXPENSES;
ALLOCATING AVAILABLE FUNDS THEREFOR FROM
ACCOUNT NO. 660101-270, PROFESSIONAL
SERVICES.
WHEREAS, the City of Miami (City) is desirous of exploring
the redevelopment potential of various waterfront properties; and
WHEREAS, the City requires the assistance of real estate
consultant services to assist in the development and preparation
of Unified Development Project ("UPD") and Request for Proposals
("RFP") documents to enhance its clarity and marketing appeal;
and
WHEREAS, a Request For Qualifications was issued seeking
qualified individuals or firms to perform real estate consulting
services; and
WHEREAS, only one proposal was received on May 17,1999; and
WHEREAS, the City Manager and the Department of Real Estate
and Economic Development, recommend that the proposal received
ATTACHMIN ° [5d
CONTAIND.
CITY COMMISSION
MEETING OF
J U N 2 2 1999
8a ®sautian N
(�
•1 -
al
from Abramson & Associates, Inc. be accepted as the only
responsive and responsible qualifier; and
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The May 17, 1999 proposal submitted by
Abramson & Associates, Inc. for real estate consulting services
in an amount not to exceed $45,000.00, including out-of-pocket
expenses, is hereby approved, with funds therefor hereby
allocated from Account Code No. 660101-270, Professional
Services.
Section 3. The City Manager is hereby authorized!' to
execute a Professional Services Agreement with Abramson &
Associates, Inc., in substantially the attached form.
Section 4. This Resolution shall become effective
'-� The herein authorization is further subject to compliance with all requirements
that may be imposed by the City Attorney, including but not limited to those
prescribed by applicable City Charter and Code provisions.
i
-2 -
99- 442
immediately upon its adoption and signature of the Mayor./
PASSED AND ADOPTED this 22nd day of June , lggg,
JOE CAROLLO, MAYOR
In U0WrdW',0D v0h Miami Code Sec. 2-36, since the Mayor did not indicete approval of
fts il�isFat i by signing it in the designated pi provid(A' stltid e 3isic.tion nc,:i
Wines effective with the elapse often (10) y fro date cf �!nniissi n action
Pegerding same, without the Mayor e4ercisine al toZ \1
ATTEST: (T,j
-oeman, Clty Cleek
WALTER J. FOEMAN
CITY CLERK
APPROVE AS FZZ00b CORRECTNESS:/
3535:RCL
Z/ If the Mayor does 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.
-2 -
99- 442
I
CITY OF MIAMI, FLORIDA
INTER - OFFICE MEMORANDUM
TO: Erdal Donmez DATE:
Development & I -lousing
#eputy
'// FILE: K - 9900222
FROM:&IO.-Diaz
City Attorney
SUBJECT: Abramson & Associates/REAdvisoryServ.
The above -referenced agreement has received initial Law Department approval
subject to the following:
I 1. City Commission approval if amount exceeds
$4,500.00. ($10,000 for public works or improvements).
Enclosure(s)
2. Proper execution by the parties:
(a) If a corporation
(i) Corporate resolution (seal)
(ii) Signature by authorized corporate officer
attested to by corporate secretary (seal)
(b) If not a corporation
(i) Signature of two witnesses
3. Final review and approval by the Insurance Manager.
4. Final review and approval by the City Attorney.
5. Attachment of all the necessary exhibits (i.e. those
exhibits referred to within the agreement), if any.
6. Revisions as noted.
WHEN RETURNING FOR FURTHER
REVIEW, PLEASE IDENTIFY AS
K-9900222
99- 442
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and Members
of the City Commission
FROM: Donald H. Warshaw
City Manager
RECOMMENDATION
DATE
FILE:
Resolution Accepting Proposal for
SUBJECT : Real Estate Consulting services
For Commission Meeting of 6/22/99
REFERENCES:
ENCLOSURES: Proposal Submission;
Professional Services Agreement
It is respectfully recommended that the City Commission adopt the attached Resolution
accepting the recommendation of the City Manager to accept a proposal from Abramson &
Associates, Inc. to perform real estate consulting services on City owned properties. The
Resolution further authorizes the City Manager to execute a negotiated Professional Services
Agreement with Abramson & Associates, Inc., in substantially the form attached, for a fee not to
exceed $45,000 from available funds allocated in account no. 660101-270, Professional Services,
including out-of-pocket expenses.
BACKGROUND
The City of Miami is exploring the redevelopment potential of various City -owned properties
and is interested in enhancing the quality and technical aspects of Request for Proposal
documents that it generates to enhance the effectiveness of the disposition process.
A Request for Qualifications was issued seeking qualified individuals or firms to perform real
estate consulting services on City -owned properties. On May 17, 1999, one proposal was
received from the firm of Abramson & Associates, Inc., as attached. Abramson & Associates,
Inc. is a non -minority owned firm located in Boston, Massachusetts, wholly owned by Mr. Barry
Abramson.
1 have reviewed the proposal submission and concur with the staffs recommendation that the
Abramson & Associates, Inc. proposal be accepted by the City. Abramson & Associates, Inc.
has over 20 years experience in real estate, urban redevelopment and economic development,
including many years experience locally providing consulting services for mixed -use projects
such as the proposed Rouse Company retail project in Coral Gables, Florida. The firm possesses
unique experience in providing real estate consulting services to government agencies.
�: 50
f1'
The Honorable Mayor and
Members of the City Commission
Page 2
The proposer, Abramson & Associates, Inc., is hereby recommended to perform real estate
consulting services on City -owned properties at a fee not to exceed $45,000 including out-of-
pocket expenses. The allocated funds available for this agreement came from the Blue Ribbon
Initiative funds appropriated for development projects by the City Commission on May 11, 1999.
These expenses will be reimbursed to the City by proposers responding to upcoming Requests
for Proposals for unified development projects. A detailed Scope of Services to be undertaken
by Abramson & Associates is included as Attachment "A" to the attached Professional Services
Agreement. DWAIED �If
99- 442
Form 11(s)
PROFESSIONAL SERVICES .AGREEMENT
This Agreement is entered into this — day of , 199 _ ( but effective as of
) by and between the City of Miami, a municipal corporation of the State
of Florida ("City") and Abramson & Associates, a Massachusetts corporation ("Provider").
RECITALS:
A. The City issued a Request for Qualifications ("RFQ") for the provision of real
estate advisory services ("Services") and Provider submitted a proposal ("Proposal") in response
thereto, on May 17, 1999. The provider has been selected as the most qualified proposal for the
provision of the Services. The RFQ and the Proposal are sometimes referred to herein,
collectively, as the Solicitation Documents, and are by this reference incorporated into and made
a part of this Agreement.
B. The Commission of the City of Miami, by Resolution No. 99-�,
adopted on June 22, 1999 approved the selection of Provider and authorized the City Manager to
execute a contract, under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, Provider and the City agree as follows:
TERMS:
1. RECITALS: The recitals are true and correct and are hereby incorporated into and made
a part of this Agreement.
2. TERM: The term of this Agreement shall be one (1) year commencing on the
effective date hereof.
99-- 442
7.
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 two (2) years.
4. SCOPE OF SERVICE:
A. Provider agrees to provide the Services as specifically described, and under 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, fully 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; provided, however, that in no event shall the amount of
compensation exceed $ 45,000, 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
i
CoM:AbramsonRFQ(5-26.98).doc 2
i
g� 442
expenditures, should City require one to be performed. 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.
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 any 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
under 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 goods or 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
CoM:A.bramsonRFQ(5.26.98).doc 3
99- 442
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 18-55.2 of the Code of the City of Miami, Florida, as
same may be amended or supplemented, from time to time.
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
CuM:AbramsonRFQ(5-26.98).doc 4
99- 442
I
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
whole or in part, 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
CoM:AbramsonRI"Q(5-26-98).doc 5
0q_ 442
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
negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re -
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 connection 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 (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. CITY'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
CuM:AbramsunRFQ(5-26.98).duc 6
99- 442
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
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 be furnished to the City on Certificates of Insurance indicating such insurance to be in force
and effect and providing that it will not be canceled 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 the 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.
CoM:Abramson Rl'Q(5-26.98).doc 7
- 99- 442
I
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
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 under any provision of this Agreement.
17. MINORITY AND WOMEN BUSINESS AFFAIRS AND PROCUREMENT
PROGRAM: The City has established a Minority and Women Business Affairs and
Procurement Program (the "M/WBE Program") designed to increase the volume of City
procurement and contracts with Blacks, Hispanic and Women -owned business. The M/WBE
Program is found in Ordinance No. 10062, a copy 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 Agreement, without notice or penalty to the City, and
to eliminate Provider from consideration and participation in future City contracts if Provider, in
the preparation and/or submission of the Proposal, submitted false of 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
Co M: A b ram s on R FQ(5-26.98 ). doc
8
99- 442
receipt requested, addressed to the other party at 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.
TO PROVIDER:
Mr. Barry M. Abramson, President
Abramson & Associates, Inc.
79 Milk Street, Suite 811
Boston, MA 02109
617.423.5697
TO THE CITY:
Erdal Donmez, Director
Department Real Estate and Economic Dev.
444 SW 2nd Ave., 3rd Fir.
Miami, FL 33130
304.416.1435
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 are 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
C uM:AbramsunRFQ(5.26-98).duc
r.
99- 442
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 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. REAFFIRMATION OF REPRESENTATIONS: Provider hereby reaffirms all of the
representations contained in the Solicitation Documents,
25. 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
CoM:AbramsonRFQ(5-26-98).doc
10
99-- 442
rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises,
negotiations, or representations not expressly set forth in this Agreement are of no force or effect.
26. 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.
27. 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 on
the City until such time as they have been approved by the Oversight Board. Execution of this
Agreement by the City Manager shall constitute evidence of its approval by the Oversight
28. SPECIAL INSURANCE AND INDEMNIFICATION RIDER: Please initial if
applicable: ❑ ❑
CoM:Abramson RFQ(5.26-98).Joc
li
99- 442
r
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.
ATTEST:
Walter J. Foeman, City Clerk
ATTEST:
Print Name:
Title: Corporate Secretary
APPROVED AS TO FORM AND
CORRECTNESS:
Alejandro Vilarello
City Attorney
Form II (a)-(RFQ/Corporate)
CoM:AbramsonRFQ(5.26-98).doc
94cityf!
CITY OF MIAMI, a municipal
corporation
By:
Donald H. Warshaw, City Manager
"Provider"
Abramson & Associates,
a Massachusetts corporation
By:
Print Name:
Title: President
APPROVED AS TO INSURANCE
REQUIREMENTS:
MARIO SOLDEVILLA
Director
Department of Risk Management
12
99- 442
ATTACHMENT "A"
SCOPE OF SERVICES
I. Assist in Developing RFP and RFP Process:
As needed, Provider will work with the City to develop the RFP and RFP process for properties
to be disposed by the City. It is assumed that the City will be responsible for the writing and
production of the RFP. Provider will review and make editorial suggestions to and, as necessary,
will write key sections of the RFP, geared toward enhancing its clarity and marketing appeal, as
well as its utility in facilitating a coherent and cost-effective evaluation process. Key elements of
this input will entail:
clarification of objectives for the development/dispositions in terms of issues such as any
desired or prohibited uses; financial objectives, desired or allowed transaction structure
elements; roles and responsibilities of City and developers concerning the provision of
infrastructure, environmental remediation and other costs and liabilities; and desired and
undesirable impacts;
• identification of any key issues that need to be further addressed or steps that need to be
taken (for example, environmental testing) to enhance the effectiveness of the disposition
process;
• disposition process structure in terms of such issues as: timing, submittal requirements, City
review/management structure, criteria for selection; nature of designation; and other relevant
issues.
II. Marketing Guidance:
As needed, Provider will assist the City in targeting potential developers for the projects and
otherwise facilitate the marketing outreach effort. Provider will draw upon its experience with
comparable projects and its network in the development, public and related sectors to help
identify developers who may be appropriate to the specific opportunities, as well as appropriate
advertising venues to reach the targeted types of developers and/or end -users for the projects.
Provider shall assist in preparation of advertising copy.
III. Proposal Evaluation:
As needed, Provider will assist the City in evaluating proposals, entailing: reviewing proposals;
advising the City on key issues for the City evaluation of developer qualifications; financial
analysis; preparation of an evaluation matrix and questions to facilitate the developer interviews;
99- 442
ATTACHMENT "A"
participation in developer interviews; and preparations of a written evaluation summary; and as
needed, presentation thereof, providing a sound base for the City's selection.
The evaluation would comprise a concise critical assessment and "reality check" of the proposals
that would enable the City to effectively understand their financial risk and other implications,
rank them and select a preferred developer with whom to negotiate. This analysis would also
provide a solid foundation for negotiation.
Provider will focus particular attention on enabling the City to make sense of the "Divergent
Concepts" typically presented by alternate proposals. This is done by assessing the implications
of key proposed transaction terms with regard to such issues as contingencies, participations,
subordination, public infrastructure requirements and proposed public financing assistance, as
well as other factors such as developer and project concept viability, that may significantly
impact ultimate implementability and the relative value, adjusted for risk, of proposed nominal
sale or lease payments.
Major fiscal benefits may also be factored into the equation to assess the overall benefit of
alternate proposals to the City. Typically, financial and fiscal benefits are assessed on an annual
basis, with an assessment of risk integrated into the analysis to yield a comparison of disposition
revenues and other benefits on a present value as well as nominal basis.
IV. 'Transaction Structuring/Negotiation:
Provider will assist the City in structuring transactions for disposition, acquisition or financing of
redevelopment or other real estate projects. This could entail: participation in negotiation
sessions, reviewing or formulating transaction structure and proposals; performing financial or
other analyses to support negotiations and clarify the financial or other implications of proposed
transactions to the City.
V. Strategic Planning and Development Potential Analysis for Redevelopment:
Provider will assist the City in analyzing the potentials and formulating strategies to realize area
redevelopment or specific real estate projects.
99- 442
IN
ATTACHMENT "B"
Time to be expended will reflect the number and complexity of the projects for which the City
requests assistance, and the nature of the services and level of involvement required by the City.
Fees for the above services will be charged on a time and expense basis. Professional services
provided by Mr. Abramson will be charged at the standard hourly billing rate of $175.
Associated professionals could be utilized to perform certain tasks in the engagement should
their involvement be considered to provide more cost-effective service or specialized expertise,
with their hourly billing rates falling somewhere in the range of $85 to $1.75.
Out-of-pocket expenses for such items as travel, lodging and express mail will be charged at
cost. Telephone and facsimile transmittal costs and time expended in travel will not be charged.
99- 442
CITY OF MIAMI, FLORIDA 31
INTER -OFFICE MEMORANDUM _
TO: The Honorable Mayor and Members DATE : .;ljl�. 14 1999 FILE
of the City Commission Resolution Accepting Proposal for
susaFCT : Real Estate Consulting services
For Commission Meeting of 6/22/99
FROM: Yoead. WaREW REFERENCES:
City Manager ENCLOSURES: Proposal Submission;
Professional Services Agreement
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the attached Resolution
accepting the recommendation of the City Manager to accept a proposal from Abramson. &
Associates, Inc. to perform real estate consulting services on City owned properties. The
Resolution further authorizes the City Manager to execute a negotiated Professional Services
Agreement with Abramson & Associates, Inc., in substantially the form attached, for a fee not to
exceed $45,000 from available funds allocated in account no. 660101-270, Professional Services,
including out-of-pocket expenses.
BACKGROUND
The City of Miami is exploring the redevelopment potential of various City -owned properties
and is interested in enhancing the quality and technical aspects of Request for Proposal
documents that it generates to enhance the effectiveness of the disposition process.
A Request for Qualifications was issued seeking qualified individuals or firms to perform real
estate consulting services on City-o, <ned properties. On May 17, 1999, one proposal was
received from the firm of Abramson & Associates, Inc., as attached. Abramson & Associates,
Inc. is a non -minority owned firm Iocated in Boston, Massachusetts, wholly owned by Mr. Barry
Abramson.
I have reviewed the proposal submission and concur with the staffs recommendation that the
Abramson & Associates, Inc. proposal be accepted by the City. Abramson & Associates, Inc.
has over 20 years experience in real estate, urban redevelopment and economic development,
including many years experience locally providing consulting services for mixed -use projects
such as the proposed Rouse Company retail project in Coral Gables, Florida. The firm possesses
unique experience in providing real estate consulting services to government agencies.
99- 442
The Honorable Mayor and
Members of the City Commission
Page 2
The proposer, Abramson & Associates, Inc., is hereby recommended to perform real estate
consulting services on City -owned properties at a fee not to exceed $45,000 including out-of-
pocket expenses. The allocated funds available for this agreement came from the Blue Ribbon
Initiative funds appropriated for development projects by the City Commission on May 11, 1999.
These expenses will be reimbursed to the City by proposers responding to upcoming Requests
for Proposals for unified development projects. A detailed Scope of Services to be undertaken
by Abramson & Associates is included as Attachment "A" to the attached Professional Services
Agreement.
DW/DB/E W f
99- 442
Budgetary Impact Analysis
1. Department REAL ESTATE & ECON,. DEV • Division
2. Agenda Item # (if available)
3. Title and brief description of legislation or attach ordinance/resolution:
Authorizing Agreement to: -execute a negotiated Professional
Services Agreement with ABRAMSON & ASSOCIATES, INC. t6 per
real estate advisory sere .
orm
4. Is this item related to revenue? NO: x YES W yes, skip to item #7.)
5. Are there sufficient funds in Line Item? 9DZ 45,000
YES: _X_ Index Code 660101 Minor Obj. Code Amount $
NO: — Complete the following questions:
6. Source of funds: Amount budgets i in the Line Item $
Balance in Line Item $
Amount needed in the Lane Item $
RiiffiriPnt Ainda will hP transferred from the following line items:
ACTION
ACCOUNT NUMBER
ACCOUNT NAME
TOTAL
Index/Minor Ob'eettPro'ect No.
From
$
From
$
From
$
To
$
7. Any additional comments?
Funds are budgeted as a part of the Blue Ribbon Initiatives.
(Copies Attached)
8. Approved by:
z,-L - -
Deoartment Director/Designee
FOR. DEAARTMENT OF MANAGEMENT AND BUDGET USE ONLY
Verified by:
Verified by:
Transfer done by:
Department of Management and Budget
Budget Analyst
Budget Analyst
Director/Designee
Date l 3,' Li ��.
Date
Date
99- 442
City of Mlaml
Department of Rai !state & Economic Development
Estimated Ex nses for UnM*d Development Projects
99-- 442