HomeMy WebLinkAboutR-89-0138...nnau., n.mrcn rr+[s+.n:.w+n•.....vw.rnr.Mwvvi@c7�iN'1
^/9/B9
RESOLUTION NO. 89T 136
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE FORM ATTACHED HERETO,
WITH RAYMOND JAMES & ASSOCIATES,
INC/HOWARD GARY & COMPANY, IN AN AMOUNT _
NOT TO EXCEED $509000 TO BE PAID FROM
THE 1976 HOUSING BOND FUNDS, TO PROVIDE
FINANCIAL SERVICES FOR THE SOUTHEAST
OVERTOWN/PARK WEST AND OMNI
REDEVELOPMENT PROJECT AREAS.
WHEREAS, the City supports community development
activities in the Southeast Overtown/Park West and Omni
Redevelopment Areas; and
WHEREAS, the City is in a process of developing plans
to undertake new projects in the Southeast Overtown/Park West and
Omni Redevelopment Areas by using the tax increment revenue funds
generated from the redevelopment districts; and
WHEREAS, the City desires the services of a special
consultant on the Southeast Overtown/Park West and the Omni
Projects to assist in the structuring of financial plans for
these projects and to assist in establishing the financial
feasibility of various aspects of other projects; and
WHEREAS, it is in the best interest of the City to
engage the services of an external financial advisor/consultant;
and
WHEREAS, the Consultant is knowledgeable and has
experience in the areas of structuring financial plans and
establishing the financial feasibility of various projects;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
sa
Section 1. The City Manager is hereby is authorized to
execute an agreement, in substantially the form attached, with
M.
Raymond James & Associates, Inc/Howard Gary & Company, in an
-21
�.
amount not to exceed $50,000 to be paid from the 19T6 Housing'
t �:
Bond Funds, to provide financial services for the Southeast'_
Overtown/Park West and Omni Redevelopment Project Areas.
J-89=159 .. .......
2/9/89
RESOLUTION NO. 89+ 1315
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE FORM ATTACHED HERETO,
WITH RAYMOND JAMES & ASSOCIATES,
INCROWARD GARY & COMPANY, IN AN AMOUNT
NOT TO EXCEED $509000 TO BE PAID FROM
THE 1976 HOUSING BOND FUNDS, TO PROVIDE
FINANCIAL SERVICES FOR THE SOUTHEAST
OVERTOWN/PARK WEST AND OMNI
REDEVELOPMENT PROJECT AREAS.
WHEREAS, the City supports community development
activities in the Southeast Overtown/Park West and Omni
Redevelopment Areas; and
WHEREAS, the City is in a process of developing plans
to undertake new projects in the Southeast Overtown/Park West and
Omni Redevelopment Areas by using the tax increment revenue funds
generated from the redevelopment districts; and
WHEREAS, the City desires the services of a special
consultant on the Southeast Overtown/Park West and the Omni
Projects to assist in the structuring of financial plans for
these projects and to assist in establishing the financial
feasibility of various aspects of other projects; and -
_ WHEREAS, it is in the best interest of the City to
V engage the services of an external financial advisor/consultant;
and
WHEREAS, the Consultant is knowledgeable and has -
experience in the areas of structuring financial plans and
establishing the financial feasibility of various projects;
i. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby is authorized to
{
execute an agreement, in substantially the form attached, with };
Raymond James & Associates, Inc/Howard Gary & Company, in an ;YYr'.f[,3rt'
amount not to exceed $50000 to be paid from the 1976 Housingr .
-Bond Funds, to provide financial services for the Southeast d�rr
Overtown/Park West and Omni Redevelopment Project Areas. `u
' 1�1���1� l: 4
� = co
ATTACHIV,MEETINGET94G
� � � QP ,C "TAff"ED
F,S0UJi1pN
RENARK$t �5.
h
PREPARED AND APPROVED BY:: .APPROVED AS TO FORM AND
CORRECTNESS:
J. a
- riEF•T r-E bE4E10 WE.
t M�Nt p r
i•
PROFESSIONAL SERVICES AGREEKEI
This Agreement entered into this•_,, day of
1989 by and between the CITY Of MIAMIp a municipal corporation of
the State of Florida, hereinafter referred to as "CITY"� and
a for -profit corporation of the State of NO
York, hereinafter referred to as "CONSULTANT." _
WITHESSETH:
WHEREAS, the City of Miami is responsible for the acquisition,
construction, financing, disposition. useoperation and
maintenance of projects associated with providing basic services
-' to the residents of the City; and
WHEREAS, the .City's Department of Development desires the
services of a special consultant on the Overtown/Park Nest
? Project and the Omni Project to assist in the structuring of
k
financial plans for these projects and to assist in establishing
the financial feasibility of various aspects of other projects; and
WHEREAS, it is in the best interests of the City to engage the
i
services of an external financial advisortconsultant; and
WHEREAS. the Consultant is knowledgeable and has experlencH_in
the areas of structuring financial plans and establishing the
financial feasibility of various projects. fi
NOW. THEREFORE, in consideration of the mutual covenants and
_
r
obligations herein contained, and subject to the terms and,.
conditions hereinafter stated, the parties hereto understand 8nd
t _
agree as follows:
Toe tern) of t ahal 1
r n -
iFA
pn� shall tersl�gstY 3I, 1990.
+' `'. ` ., „.ti ry . a � •` ��.�iP i+x =,-'. _. :: ... ,: .s..,.,. .�- . .., - :. %'.. J........t. J_ . ��'+... ...J .N .. �'_ ..�.F�l..,<i°�f _�� _..
Ewt
rF �E•lL�Mr= wit' t5#
• S
Y
t0
exceed $509000 during a contract year, c+tording to.�tho
Following schedule:
_u
Managing Director I;1�5/hour
vice president SM/hour
Associate i 15/hour
b The CONSULTANT agrees that the time of all professional
personnel is to be billed for actual hours worked.
(c) The CITY will reimburse the CONSULTANT for all reasonable
and necessary direct out-of-pocket expenses, plus computer'
expenses.
(d) Statements related to hourly billings and direct expenses
are to be billed monthly and are payable within 30 days. Other
plemented with the mutual
payment arrangements may be imconsent
of the CITY and CONSULTANT.
IV.
s COMPLIANCE WITH FEDERAL STATE AND LOCAL LAWS:
both parties shall comply with all applicable laws. 'or"di`nan'ces
J•
j and codes of federal, state and local governments.
V r.,.
_ OBLIGATIONS Of CONSULTANT
Any consulting services contract by the CONSULTANT sha11 be
the responsibility of the CONSULTANT and the CITY hereby assumes
no obligations for such services. The CONSULTANT agrees to carry"
out the services as prescribed 1n Article II of this Agreement 1n
a lawful satisfactory, and proper manner and shall assure'that
x
all terms of the contract are met.
a
1 � WR I '.•4 � LI. :ies.
<GrN9RAL COND"ITIONS:
SK
, a
u
r� AR All nQtices.`Ar athPr cammunicattion which sha11Y Qr
+�tV6 pursuant to this Ajreement Shall be eta hrri ti , t C ► k t `.
o by x� �tas t i
t # x 3QrY��.��
k, r 1 � � f;, 1�al,l by ,de1lverGd by pe.r'son f .f
p 4 t
wh.
rn�l; a:ddresed to the aath+�r party at eh+� lr' z" rrF1!k. 3. t
-14
14#4 "r'- oor bevE
i—
inditated herein or as the save may be changed from time
t0 time. Such notice shall be deemed given on the day on
f
which personally served; or, if by mail, on the fifth day
•
after being posted or the date of actual receipt,
r
:F
t
whichever is earlier.
CITY OF MIAMi CONSULTANT
Herbert J. Bailer
_
Assistant City Manager
-
3500 Pan American Drive
_
Miami, Florida 33133
6.
Title and paragraph headings are for convenient reference
and are not a part of this Agreement.
— C.
In the event of conflict between the terms of this
Agreement and any terms or conditions contained in any
attached documents• the terms in this Agreement shall
-
rule.
D.
No waiver or breach of any provision of this Agreement
1
f
shall constitute a waiver of any subsequent breach of the
j
same or any other provision hereof, and no waiver shall
be effective unless made in writing.
E.
Should any provisions, paragraphs, sentences, words or
=,.}
phrases contained in this Agreement be determined by a
=f
court of competent jurisdiction to be invalid, illegal or
k
— -
otherwise unenforceable under the laws of the State of
-
Florida or the City of Miami, such provisions,
zja
'
paragraphs, sentences, words or phrases shall be deemed
a
modified to the extent necessary in order to conform with
such laws, then same shall be deemed severable, and in
llit
Al;
either event, the remaining terms and provisions of this,
Agreement shall remain unmodified and in full force and 7
effect.
dae� rird:2}d
`
Y I I .
�u
OWNERSiit'P ` � i Y {�
OF DOCUMENTS
.* ,. ., ,~;' :% ..� Y. : A 'Ft fAi •,�,.i .ih'�' y �f
A11
yi�V}`�`i,.
¢ocuments developed by CONSULTANT Under the s A9r�en4�tO �9 hyf Tx
r �
t r
it4*4-2!-. -OV- FtP t I 2rl V I=- L - M T
�i
%hall be delivered to CITY by said CONSULTANT upon completion of
the services required pursuant to Article tI hereof end shad
become the property of CITYO without restriction or limitation on,
its use. CONSULTANT agrees that all documents maintained and
A.
generated pursuant to this contractual relationship between CITY
and CONSULTANT shall be subject to all provisions of the Public
Records Law, Chapter 119, Florida Statutes.
YIll. `
NONDELEGABILITY:
That 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.
IX.
AUDIT RIGHTS:
City reserves the right to audit the records of ,CONSULTANT at
any time during the performance of this Agreement and for a.
period of one year after final payment Is- made under. ` thi
Agreement. z,
CONSTRUCTION OF AGRLEMENT 4'
i This Agreement shall be construed and enforced according to
the laws of the State of Florida.
r
s•. P
t `AWARD OF AGREEMENT: • ,yr� '.'>Z�' ::
CONSULTANT warrants that it has'note employed.or,,;-ir. H « h h
p"erso`n 'employed by the: CITY .to solioit or' secure th#s Arexeo -
€ er#e 'that it h'ks not offered. to, Pay,. Raid,::or, agrees tot.p�y r# s
person . employed by the CITY any. fee, commission por+�nto "
-
brok rage fee, .or gift.`of. any kind r tin, on Ypon ter r #►TIT, '
from the award of this Agreement.'
5n,"'is.
artu2r
x {
• x
t "ram .,.• i .'-i. sii • -"y .i '�i..l y�,y s r#r�1�
4 t M¢!f
jt
p.VPWW.S to It P T 0 P. b H t-r H t 01, 040
ar
k q
SUIMSSONS AND A5SIONS'
This Agreement shall be binding upon th+s partielt herbini thair
g
hairs, executors6 love) represontative, successors, and assigns• a�
s}
t MNI�tCATYON
CONSULTANT shalt indemnify and save CITY harmless fromand'
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
iY
part of CONSULTANT, including any person acting for or on its
i
behalf, and, from and against any orders, judgments, or decrees
j which may be entered and from and against all costs, attorney's
jj
1 fees, expenses and liabilities incurred in the defense of any
such claims, or in the investigation thereof. ,
X I •
CONFL I'CT AF INTERESTS;
w
CONSULTANT is aware of the conflict of interest taws of "theyr
City of Miami (City of Miami Code Chapter 2, Article V) Dade
County, Florida (Dade County Code Section 2-11.1) and the State
r
a h�
of Florida, and agrees that it will fully comply in all !re spec ts
wit"h' the terms of said laws H=,�
INDEPENDENT CONTRACTOR:
CONSULTANT shall be-. deemed 16 be an independent :contractor
re w"
and not an agent or employee of C1TY, and sha71 no
attain any)
rights or benefits under the Civil Service or Pension Ordanan,;+ps;;.z
CITX. or' any rights generally afforded clasit�
��'' �` kr►+�)s##i,vd smptoye'es, ttlrther he snail not be fide,.
y t r f Yt��yy, d�rdtlL
t
' l.-
i ri Y ►i. ♦ . a f .i �' �� 3
to the rlorrida Workers' CoMpensation benefits as an eMployee of
CITT.
XVt.
TERMINATION Or CONTRACT:
CITY retains the right to terminate this Agreement at any time
prior to the completion of the services required pursuant to
paragraph 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 its receipt of the 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 under the terms of this Agreement. If CONSULTANT is in
default, then CITY shall be in no way obligated and shall not
pay to CONSULTANT any sum whatsoever.
XVII.
- r
NON-DISCRIMINATION_
CONSULTANT agrees. ` that Vt shall not di s-criminate as to ,;race: '
{•
sex,. -color, creed, national origin or handicap in connection with `
}
its performance under this Agreement.
K
X V I I I
is e
MINORITY PROCUREMENT COMPLIANCE• '
- Y i t i�'1 J k' f _-
CONSULTANT acknowledges that it has been furnished a co at' F, �,.�
Ordinance No.. , Io062, the Minorityi,, Procurement-,,Or.dinance.= of t#r- y
art -
j city of- Miami , and agrees to Comp.ly, with. al:a ` appl
�lpst naive :and proce¢urA� provi,.ai,otl.s thoreein:, > i,ncluilieng
�a�end�nants, There�to:� , y ,y�y ;�f
i 3 �. � �.y:{yP:RtYne.'1r+iiei6:?�:+wiH.aiMM•.h'•Y N:+F+.•wa,�lMGd.IIdVI
a i
C01Vi1Nt3ENCY CLAUSE:
Funding for this Agreement it Contingent on the -availability►:;
of funds and cantinue4 authorization for program activities and
Is subject to amendment or termination due to lack of funds, or
,1-
authorization, reduction of funds, and/or change in regulations. t.
.tt
XX .
DEFAULT PROVISION:
In the event that CONSULTANT shall fail to comply with each .�
and every term and condition of this Agreement or fails to
perform any of the terms and conditions contained herein, then
CITY, at its sole option, upon written notice to CONSULTANT may
cancel and terminate this Agreement, and all payment, advances,
or other compensation paid to CONSULTANT by CITY white
CONSULTANT was in default of the provisions herein contained,
shall be forthwith returned to CITY.
X X I .
BONDING AND INSURANCE:
A) During the term of this Agreement, the CONSULTANT shall"
maintain bonding and insurance coverage in amounts as determined
by the Insurance Manager of the CITY. The CITY shall be named as
1 3
an additional insured.
AN
B) CONSULTANT shall furnish certificates of insurance and
4a
bonding, if required, to CITY prior to commencing any activities
under this Agreement.
XXII.
ENTIRE AGREEMENT:
i f a y f 7x•51- y S
p. This instrument and its attachments constitute the soil:
only 'Agreement of the parties hereto rell.ating to sold .groat; O
t
# correctly sets forth the ri.g'htss duties and obli at10ns of` ea j
to the other as of its date, ` Any prior. a9reem0nts, rom'�
r ne.�ptiatiant 'or cepresentetions nat expressly get fort. 4 °r
Lfti . Ag: eenl4nt are of no force or, ef,fe:ct.
P
d� }
to this Agree►aent Mali be binding on
° of +
y>.t �� S
*vt r .
m
nx
�r - y..
L Tx. Eye
V F
P
erry op MIAMI, FLOAIDA
INTER-pICE MEMORANDUM
"Sag
Honorable Mayor and Members �5
To` of he City Commission
Approval to Enter Into
BUBdECT an Agreement with:
c H. H. Beal & Company >,
Re:ec'or City Commission
FROM : Cesar `H• Odin Meeting of Feb 99 1989
City Manager �osuaes :
5 1J
RECOMMENDATION:
commission,adopt the t
It is respectfully recommended that
C Y tManager to execute an
attached resolution authorizing
with -14 t : �;`
ment in.substantially the form attached hereto,
-to-
agreef
'.. Beal A Company, in an amount not to exceed $50,000be paid= n
to provide . financ3.a1: services .
Bond Funds,
from the 1976 Housingt
for the Southeast Overtown/Park West and Omni Redevelopmen
Project Areas.�Yy�
BACKGROUND: r,
y'�
>v3
he De artment of Development recommendente
s tohat fore he y puree naf r
T P
an
agreement with ,the M. R. Beal C
'.
v 3Lfr
receiving financial consultant service Project Areas".Southeast r x
Overtown/Park West and Omni Redevelopmentjw�
hC 1
n is a New York based finance and investment' ' x�
Beal & Company `
M' R. in the development of overall` financial.
firm specializing redevelopment projects initiated}
support community z}
strategies to supp ..
by the public sector.
The City has received similar servi�e�`s
R. Beal A Company in the past.
from M. NAz.
k >� have aceate�l
The' City and the Metropolitan Dade County
�F `,r,� i ; Southeast ..,Overtown/Park' West and 'Omni Project Areas as Coltm>��i,
In aCordance . w �h the 1?1Qss ..
i Districts • .
#iedevel.oPment the
Chapter. 1 3r na iCR
�v.rt;ufA r�mmun3tY Rst�svelppm�t i',
Ct" IW MAW PLOOTbA
r..
iNITR45MCK
MCM014ANOUM
January
pow
42 itwi�w
I)tsaris' ina�tion
+"r�pi►i»t Ito.: ��l�i J;,
c.t.;
i L
�yyy�Y
H Us
v�lopt
-
This ,.- y R1 - �.a a -
.. - X .. .. L f.
1 •TIj 1V ir•J x� _ _a•S i
x.fk''`i.,rt J 4 -m+ s� .�•� i �F;
y..A t " 4 N A .• i 5r Y� 3 1. fni :T;:
z Asa
Alip'"��+i"yJ+tj�
r i f��. : �Y ,� s � -. , x ', { � � � 1 r •e x '�gw
� t '` 'YS�� �14f�. r. "�Y '.:`k„�1*,{ 9�}"C'' � � �`r � i t .1 Sr�� i d �. t + t �:,,[,(yi� 24i� 6;�•gi� 4 �'j'E�I.}� ti-K'�xt 9J�i ��
7' .2CT#k
x;
$k -�' 9 � n � � 3, ° �;'�` � •'x,�1,c,gs ,.�}'���"��� { �; � 5
onorih e
,o#' the Ctt�r. C�mmiesion ¢, 5
i
t• j 3 ,.i f JH 7! �� a��F+,'Y��(.
i
tn bptoesolutiot.is reoomnended that -the attached re
City. Gommission� authorizing the City Msaager to exeduCj
ageem�ent.with M. R. Beal Company.
_ w
Attachments: Proposed -Resolution'
Proposed Agreement