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Home My WebLink AboutR-94-0572e 3 J-94-617 7/18/94 � RESOLUTION NO. 94- 572 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN A FORM ACCEPTABLE j. TO THE CITY ATTORNEY, TO THE EXISTING AGREEMENT WITH HOWARD GARY & COMPANY AND RAYMOND JAMES & ASSOCIATES, INC., FOR A ONE- YEAR PERIOD COMMENCING OCTOBER 1, 1994, FOR THE PROVISION OF FINANCIAL ADVISORY SERVICES; ALLOCATING FUNDS THEREFOR FROM APPROPRIATED j CAPITAL IMPROVEMENT PROJECT FUNDS. I9 {F 1 4 WHEREAS, pursuant to Resolution No. 93-154, adopted March 11, 1993, the City entered into an agreement with Howard Gary & Company and Raymond James & Associates, Inc. for the provision of financial advisory services for two years, commencing October 1, 1992 (K# 92-603), with three one-year renewals at the option of the City; and WHEREAS, it is now necessary to for the City to exercise its first option to renew said agreement; NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: CTY COPAJUSSION PP, ,`, 10,91, j3oVALlboll Na 94- 572 Section 1. The City Manager is hereby authorized`/ to execute Amendment No. 1, in a form acceptable to the City Attorney, to the existing agreement with Howard Gary & Company and Raymond James & Associates, Inc., for a one-year period commencing October 1, 1994, for the provision of financial advisory services, with funds therefor hereby allocated from appropriated Capital Improvement Project funds. Section 2. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 26th day of July 1994. S PHEN P. CL RK, MAYOR ATT,ES M TY HIRAI, CITY CLERK PREPARED AND APPROVED BY: RA AEL 0. DIAZ DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A. QUINNN,NES, III CITY AT ��URNEY M4493/ROD/BSS I/ 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. -2- 94-- 5'72 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 35 TO: Honorable Mayor and Members DATE JUL 19 1.994 FILE of the City Commission SUBJECT: Agenda Item FROM : Cesa Vg 0 REFERENCES: City ENCLOSURES: RECOMMENDATION: It is recommended that the attached resolution be adopted authorizing the City Manager to extend the existing agreement between the City of Miami and Howard Gary & Company and Raymond James & Associates, Inc. for the provision of financial advisory services for a one- year period commencing October 1, 1994. BACKGROUND: The City Commission adopted Resolution No. 93-154 on March 11, 1993, accepting the proposal of Howard Gary & Company and Raymond James & Associates for the provision of financial advisory services for a two-year period ending September 30, 1994. This action was the result of proposals received by the City in July, 1992 for financial advisory services for a two-year period with three one-year renewals exercisable at the option of the City. Financial advisors assist the City in the structuring, timing and negotiations related to sale of City bonds and other related financial transactions, particularly: • Assist in dealings with bond rating agencies. • Preparation for bond sale. • Development of market for the bonds. f 94- 572 i Agenda Item Page -2- Compensation to the financial advisors is based on a fee schedule of $1.00/$1,000 bond sale on a competitive basis, and $1.25/$1,000 bond sold on a negotiated basis, subject to a minimum fee of $25,000 per bond issue and upon successful completion of the related debt issuance. For services not specifically related to a pending bond issue financial advisors are compensated based on the following hourly rates: President and CEO/First Vice President/ Managing Director/Sr. Vice President $150 Vice President 125 Assistant Vice President 100 Associate 75 Analyst 50 Out of pocket expenses are reimbursed as approved by the City. At this time it is recommended that the first one-year option be exercised to extend this agreement. t i i i FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LGort, ME- FIRST SAME -MIDDLE NAME NAME OF 60ARD. COUNCIL COMMISSION. AUTHORITY, OR COMMITTEE Wifredo City of Miami Commission ADDRESS THE aOARD. COUNCIL COMMISSION, AUTHORITY' OR COMMITTEE Oh WHICH I SERVE IS A UNiT OF. 0 Pan American Drive 8 CtTi' o C'OUNTY O at"HERLOCAL AGENCY clTr taauNTv NAME OF POLITICAL SUBDIVISION. Miami Dade Commissioner DATEDATE ON WHICH VOTE OCrURRED MY PosmON iS. July 26, 1994 qC ELECTIVE Q APPOINTIVE WHO MUST FILE FORM 611 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section I12.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom ,be is retained (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acrt, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, motheran- law, son-in-laW, and daughter-in-law, A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate stfareholder (where the shares of the corporation are not listed on any national or regional stock exchange). r- ELECTED OFFICERS: , In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHiCH THE VOTE WLL BE TAKEN: o You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. o A copy of the form must be provided immediately to the other members of the agency. o The form must be read publicly at the next meeting after the form is filed. 1-9. rUKM se - H"I PAGE I ev IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and fik it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be mad publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, Commissioner to; f=rPifu r.,,rf- ,hereby disclose that on Ju1v 26 19_cQ4 (Agenda item. 35) (a) A measu came before my agency which (check one) inured to my special private gain; inured to the special gain of my business associate, — inured to the special gain of any relative, inured to the special pin of , by whom I am retained; or — inured to the special gain of , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: I abstained from voting on extending the existing agreement between the City of Miami and Howard Gary & Company and Raymond James and Associates, since my company in -the past has conducted business with these firms and it is probabable my company will continue to do business with both these firmsin the future. Therefore, my voting on this matter could be p-emeived as a conflict of interest. .r r r Date Filed ign tur NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TOEXCEED S5,400. CE FORM Ia • W 41 PAGE 2 ftel- 6-7ooZoe CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : THE HONORABLE WIFREDO GORT DATE : July 28, 1994 FILE *TTY ioner SUBJECT : Memorandum of Voting Conflict r FROM I RAI REFERENCES City Clerk ENCLOSURES: At the Commission meeting of July 26, 1994, you abstained from voting on agenda item 35, namely: "Authorizing the City Manager to extend the existing agreement between the City of Miami and Howard Gary & Company and Raymond James & Associates, Inc. for a one-year period commencing October 1, 1994, for the provision of financial advisory services; allocating funds therefor from appropriated Capital Improvement Project funds." You also abstained from voting on agenda item PZ-4, namely: "Appeal of a variance denied by the Zoning Board to waive 50 of the 76 offstreet parking spaces required for a health clinic (Coconut Grove Family Health Center, Inc.) located at 3090 Southwest 37th Avenue, zoned C-2 Liberal Commercial." Kindly fill out parts (a) and (b) in the back of the attached Memoranda of Voting Conflict for County, Municipal, and Other Local Public Officers under "Disclosure of Local Officer's Interest." You are required to submit one form per item. Once both portions are duly filled, kindly sign, date and return to our office at your earliest possible convenience so that we may immediately proceed to file them with the pertinent backup documents pertaining to said items. If you have any questions, please do not hesitate to call. MH:sl ENC: a/s