HomeMy WebLinkAboutR-95-0632J-95-573
6/23/95
RESOLUTION NO. 9 _ k�
' A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, TO THE
PROFESSIONAL SERVICES AGREEMENT WITH A.
jFOSTER HIGGINS & CO., INC., INCREASING THE
f MAXIMUM AMOUNT OF COMPENSATION TO AN AMOUNT
NOT TO EXCEED SEVENTY THOUSAND DOLLARS
($70,000); ALLOCATING FUNDS THEREFOR FROM
SPECIAL PROGRAMS AND ACCOUNTS.
WHEREAS, the City Commission, pursuant to Resolution No. 94-
675, adopted September 22, 1994, authorized the City Manager to
execute a professional services agreement (the "Agreement") with
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A. Foster Higgins & Co., Inc., ("Consultant"), to provide expert
actuarial assistance to the City as related to the pension and
retirement programs at a cost not to exceed Fifty Thousand
Dollars ($50,000); and
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WHEREAS, the Agreement was executed on November 7, 1994; and
WHEREAS, the Consultant has rendered services in excess of
the scope contemplated in the Agreement; and
WHEREAS, it is necessary to increase the maximum amount of
compensation to the Consultant by Twenty Thousand Dollars
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($20, 000) ;
ATTACH Mrl." NS)
C ONTAI
i
CITY COMMISSION
MEETING OF
SEP14I95
Resolution No.
95— 632
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 City Manager is hereby authorized to
execute an amendment, in substantially the attached form, to the
Agreement with the Consultant increasing the maximum amount of
compensation to an amount not to exceed Seventy Thousand Dollars
($70,000), with funds therefor hereby allocated from Special
Programs and Accounts.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 14th
ATTE T:
WALTER E
i CITY CLERK
FINANCIAL AND BUDGETARY REVIEW:
MANOHAR S. SURANA, TOR
FINANCE DEPARTMENT
2-
day of September , 1995.
STEPH P. CLARK,'MAYOR
95-- 632
PREPARED AND APPROVED BY:
0Y,GA/fiAMIREZ-SFAJA#
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
W199 : cslt:ORS
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95- 632
AMENDMENT NO. I
PROFESSIONAL SERVICES AGREEMENT
A. FOSTER HIGGINS & CO., INC.
This Amendment entered into this day of , 1995, to
Professional Services Agreement #K-9400354 by and between the City of Miami, a
municipal corporation of the State of Florida, hereinafter referred to as "CITY", and A.
Foster Higgins & Co., Inc., hereinafter referred to as "CONSULTANT."
RECITAL:
WHEREAS, CITY and CONSULTANT have entered into a Professional
Services Agreement dated November 7, 1994 (the "Agreement"); and,
WHEREAS, the CONSULTANT has rendered services in excess of the scope
contemplated in the Agreement; and,
WHEREAS, it is necessary to increase the amount of compensation to the
CONSULTANT by Twenty Thousand Dollars ($20,000);
NOW, THEREFORE, the CITY and the CONSULTANT hereby amend
Paragraph 3 of the Agreement as follows:
1. COMPENSATION:
The CITY shall pay the CONSULTANT a fee not to exceed a maximum amount
of Seventy Thousand Dollars ($70,000).
2. NO FURTHER MODIFICATIONS:
All terms and conditions of the Agreement shall remain in full force and effect
and unmodified hereby except as provided herein.
95- 632
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by the respective officials thereunto duly authorized, this the day and year first
above written.
ATTEST:
Walter J. Foeman, City Clerk
ATTEST:
Corporate Secretary
CITY OF MIAMI, a municipal
corporation of the State of Florida
BY
Cesar H. Odio, City Manager
CONSULTANT:
A. FOSTER 11IGG1NS & CO., INC.
BY:
TITLE:
APPROVED AS TO INSURANCE REQUIREMENTS:
Frank K. Rollason, Deputy Fire Chief
Risk Management Division
APPROVED AS TO FORM AND CORRECTNESS:
A. Quinn Jones, III
City Attorney Ov"'
95- 632
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Professional Services Agreement
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This Agreement entered into this e�7zZday of , 1994, by and between the City of
Miami, a municipal corporation of the State of Florida, hereinafter referred to as "City" and A.
Foster Higgins & Co., Inc. hereinafter referred to as "Consultant."
Recital ,
Whereas, the City of Miami, Florida, requires professional services, in the nature of
actuarial consulting; and
Whereas, the Consultant has expressed a desire to perform the required actuarial services
for the City; and
Now, Therefore, in consideration of the promises and the mutual covenants and
obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties
hereto understand and agree to follows:
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Term
The term of this Agreement shall be from October 1, 1994 through September 30, 1M.
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WHEN RETURNING FOR FURTHER
REVIEW, PLEASE IDENTIFY AS 9 5— 632
u k rl4/i,n.A'r-a
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Scope of Service
The Consultant may provide the following professional services as part of this Agreement,
as needed: 4
1. Assist the City Administration in the preparation of policies related to the City's
pension plans and retirement related expenses.
2. Present and explain pension policies to the City Commission.
3. Prepare special actuarial reports for both City pension plans.
4. Analyze and explain to the City Administration and the City Commission actuarial
requirements as proposed by both pension plans.
5. Prepare funding alternatives for the City's pension plans and other post retirement
benefits.
6. Assist the City Administration in complying with the requirements of Florida's Public
Employee's Retirement Benefits Act.
7. Keep City Administration informed on Federal and State laws affecting pension plans
and other post retirement benefits.
8. Provide expert testimony in litigations related to pension matters including, but not
limited to, methodology and soundness of pension systems.
9. Other actuarial -related activities and additional work as required by the City
Manager.
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III
Compensation
A. The City shall pay the Consultant, as compensation for the services required pursuant to
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Section II hereof, a fee not to exceed Fifty Thousand Dollars ($50,000), to be calculated
jand billed upon a time -and -expense basis based on the Consultant's standard hourly rate
schedules and expense charges which, at this date, are approximately as follows:
1. Professional fees - hourly rates
October 1, 1994 - September 30, 1995
Chief Actuary $ 280
Senior Consultant/Actuary/Attorney $150 - 230
Consultants/Actuary $115 - 160
Computer Systems Manager $100 - 155
Junior Consultant/Actuary $ 90 - 120
Actuarial Associates/
Senior .Administrative Staff $ 45 - 80
Secretary/Clerical $ 30 - 40
2. The Consultants may subcontract to a Minority Employer up to 10 % of the contract
maximum fee, when appropriate, based on the assignments received by the
Consultant. The Consultant will submit to the City, name and qualifications of any
subcontractor for review and approval, prior to the award of any assignment in
accordance with Section VII of this contract. The Consultant's discretion will be
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based on the value and cost savings such subcontracting will provide as part of the
Consultant's services to the City.
3. Computer expense charges —150% of costs is charged directly to the client accounts;
of which the 50 % margin covers unassigned overhead costs associated with computer
processing; efforts relating to generalized sub -routine development and: analysis,
training, terminal maintenance, record keeping, auditing of invoice charges,
management, etc.
4. - Additional expense costs not included in professional fees (other than computer
charges) — 100% of the cost for travel is charged directly to the client account
without additional margin.
B. Such fee shall be paid upon submission by the Consultant of monthly billings; such
monthly billings shall be paid within fifteen (15) days of submission by the Consultant.
The City shall have the right to review and audit the time records and related records of
the Consultant pertaining to any such billings.
C. Notwithstanding the above rates or the time and cost involved, the Consultant shall be
reimbursed for attending meetings in Miami at a cost not to exceed Six Hundred ($600)'=
for any one meeting.
D. The Consultant and the City hereby agree that the maximum amount payable under this
contract shall not exceed fifty thousand dollars ($50,000), and that any party may
immediately and at any time terminate this Agreement when the costs hereinabove reaches
fifty thousand dollars.
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E. City shall have the right to review and audit the time records and related records of
Consultant pertaining to any payment by the City.
IV
Compliance With Federal, State and Local Laws
Both parties shall comply with all applicable laws, ordinances, and codes of Federal, State,
and Local Government.
V
General Condition
A. All notices or other communications which shall or may be given pursuant to this
Agreement shall be in writing and shall be delivered by personal service, or by registered
mail, addressed to the other party at the address indicated herein or as the same may be
changed from time to time. Such notice shall be deemed given on the day after being
posted or the date of actual receipt, whichever is earlier:
City of Miami Consultant
City of Miami A. Foster Higgins & Co., Inc.
3500 Pan American Drive One Lafayette Center
Miami, FL 33133 1120 20th Street, NW, Suite 800
Washington, DC 20036
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X Title niid PfIrOgraph headings are for convenient reference and are not part of this
Agreement,
c, in tiie evetit or convict between terms of this Agreement and any terms or conditions
contained iii any attached documents, the terms in this Agreement shall rule.
1). No waiver or breach or any provision of this Agreement shall constitute a waiver of any
gubsequeiit bitach of the same or any other provision hereof, and no waiver shall be
efffttive unless made in writing.
L. Shokild ally provision, paragraphs, sentences, words or phrases contained in this Agreement
be dote-nWiled by a cotirt of competent jurisdiction to be invalid, illegal, or otherwise
ttxtexti��t4 .aUlc trader the laws of the State of Florida or the City of Miami, such provisions,
iaaM9talal1s, sentMvs, words or phrases shall be deemed modified to the extent necessary
in cWIN' to 000101-Al \lith such laWS oT, if not modifiable td conform with such laws, then
same shall be d,-vmed severable and, in either event, the remaining terms and provisions
of this Agreement shall remain unmodified and in mill force and effect.
N71
Ownership of Documents
All documents developod by the Consultant under this Agmemew shall .be dehv=ed to City
,by said C bnsultant UpOn. completion of the services squired pursuant -to Section][[ h==f and
,'hall l ez the the propert y oft"ity, witht►u; restriction or limitation on its 1e. Consultantzgr=
that all i&,ume Nt- maintained and generatM pursuant to this rontracma: r..lationship betty= City
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and Consultant shall be subject to all provisions of the Public Records Law, Chapter 119, Florida
Statutes.
It is further understood by and between the parties that any information, writings, maps,
contract documents, reports, or any other matter whatsoever which is given by City to Consultant
pursuant to this Agreement shall, at all times, remain the property of City and shall npt be used
by Consultant for any other purposes whatsoever without the written consent of City.
V11
Nondelegability
The obligations undertaken by Consultant pursuant to this Agreement shall not be delegated
or assigned to any other person or firm unless City shall first consent, in writing, to the
performance or assignment of such service or any part thereof by another person or firm.
ViII
Audit Rights
City reserves the right to audit the records of Consultant pertaining to this agreement at any
time during its' performance of this Agreement and for a period of three (3) years after final
payment is made under this Agreement.
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Award of Agreement
Consultant warrants that he/she has not employed or retained any person employed by the
City to solicit or secure this Agreement and that he/she has not offered to pay, paid,�or agreed
to pay any person employed by the City any fee, commission percentage, brokerage fee, or gift
of any kind contingent upon or resulting from the award of this Agreement.
X
Construction of Agreement
0
This Agreement shall be construed and enforced according to the laws of the State of
Florida.
XI
Successors and Assigns
This Agreement shall be binding upon the parties herein, their heirs, executors, legal
representatives, successors, and assigns.
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XII
Indemnification
Consultant shall indemnify and save City harmless from and against any and all claims,
liabilities, losses, and causes of action which may arise out of Consultant's activities under this
Agreement, including all other acts or omissions to act on the part of Consultant, including any
person acting for or on his/her behalf and, from and against any orders, judgements, or decrees
which may be entered from and against all costs, attorney°s fees, expenses and liabilities incurred
in the defense of any such claims, or in the investigation thereof.
XIII
Conflict of Interest
A. Consultant covenants that no person under its employ who presently exercises any functions
or responsibilities in connection with this Agreement has any personal financial interest,
direct or indirect with City. Consultant further covenants that, in performance of this
Agreement, no person having such conflicting interest shall be employed. Any such
interest on the part of Consultant or its employees must be disclosed in writing to City.
B. Consultant is aware of the conflict of interest laws of the City of Miami (City of Miami
Code Chapter 2, Article V), Dade County, Florida (Dade County Code Section 2-11.1) and
the State of Florida, and agrees that it shall fully comply in all respects with the terms of
said laws.
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Independent Contractor
Consultant and its employees and agents shall be deemed to be independent contractors,
and not agents or employees of City, and shall not attain any rights or benefits undei the Civil
Service or Pension Ordinances of City, or any rights generally afforded classified or unclassified
employees; further he/she shall not be deemed entitled to the Florida Worker's Compensation
benefits as an employee of City.
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Termination of Contract
City retains the right to terminate this Agreement at any time prior to the completion of
the services required pursuant to Section II hereof without penalty to City. In that event, notice
of termination of this Agreement shall be in writing to Consultant, who shall be paid for those
services performed prior to the date of his/her receipt of notice of termination. In no case,
however, will City pay Consultant an amount in excess of the total sum provided by this
Agreement.
It is hereby understood by and between City and Consultant that, any payment made in
accordance with this Section to Consultant, shall be made only if said Consultant is not in
default. If said Consultant is in default, then City shall in no way be obligated and shall not pay
to Consultant any sum whatsoever.
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XVI
Nondiscrimination
Consultant agrees that it shall not discriminate as to race, sex, color, religion, age, marital
status, or national origin or handicap in connection with his/her performance under this
Agreement.
XVII
Minority Procurement Compliance
Consultant ackncwledges that he/she has been furnished a copy of Ordinance No. 10062,
the Minority Procurement Ordinance of the City of Miami, and agrees to comply with all
applicable substantive and procedural provisions therein, including any amendments thereto.
XVIII
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, authorization, reduction of funds, and/or change in regulations.
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XIX '
Default Provision
In the event the Consultant shall fail to comply with each and every term and condition of
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this Agreement or fails to perform any of the terms and conditions contained herein then, City,
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1 at its sole option, upon written notice to Consultant, may cancel and terminate this Agreement
and all payments, advances, or other compensation paid to Consultant by City while Consultant
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j was in default of the provisions herein contained, shall be forthwith returned to City.
XX
Entire Agreement
This instrument and its attachments constitute the sole and only Agreement of the parties
hereto relating to said grant and correctly sets forth the rights, duties, and obligations of each to
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the other as of its date. Any prior agreement, promises, negotiations, or representations not
expressly set forth in the Agreement are of no force of effect.
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Amendments
No amendments to this Agreement shall be binding on either party unless in writing and
signed by both parties.
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In Witness Whereof, the parties hereto have caused this instrument to be executed by
the respective officials thereunto duly authorized, this the day and year first above written.
City of Miami, a municipal
corporation of t tate of
ATTEST: Florida
. r
y , iClerk y: Cesar H. Udio,
City Manager
ATTEST: Consultant: A.,Wer Higgins &
O- - �: )�
Kenneth Kent, FCA, EX
Managing Consultant
APR90VED .
P4�, BY&41?26�169
01g A&Arez-Sei as
AssisMnt City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
Frank K. Rollason, Deputy Fire Chief
Risk Management Department
APPROVED AS TO LEGAL FORM
AND CORRECTNESS:
City A
MPC04826.RKN
President
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM: 33
TO : DATE : .J�JI1 2 I�'•-Ij
Honorable Mayor and Members of
the City Commission SUBJECT : Amendment No. 1 to
t Professional Services
t,
Agreement - A. Foster
FROM : REFERENCES: Higgins & Co., Inc.
Cesar
City M i?� r ENCLOSURES:
FILE :
RECOMMENDATION
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It is respectfully recommended that the City Commission adopt the attached
Resolution authorizing Amendment No. 1 to the professional services agreement
with A. Foster Higgins & Co., Inc. for expert actuarial services, thereby
increasing compensation in an amount not to exceed $20,000 with funds being
allocated from Special Programs and Accounts.
BACKGROUND
On September 22, 1994, the City Commission adopted Resolution No. 94-675
authorizing the. execution of a professional services agreement with A. Foster
! Higgins & Co., Inc. for expert actuarial assistance as related to the City's
_! pension and retirements programs at a cost of $50,000. Due to the extensive
' amount of work required by A. Foster Higgins & Co., Inc. on the City's early
retirement program, the Consultant has rendered services in excess of the
scope contemplated in the Agreement. Amendment No. 1 will allow the City to
extend the Consultant's services through September 30, 1995, the original term
of the Agreement.
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