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HomeMy WebLinkAboutR-86-0975JIM r ,1-86-1046 12/4/86 RESOLUTION NO. 86-.97 & A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT,IN FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN MOSES C. FLORENCE, AN INDIVIDUAL, AND THE CITY OF MIAMI FOR THE PREPARATION OF APPRAISALS OF PROPERTY LOCATED WITHIN THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT PHASE I AREA. FOR AN AMOUNT TO NOT TO EXCEED $7,500 WITH FUNDS ALLOCATED FROM 12TH YEAR COMMUNITY DEVELOPMENT FUNDS ALLOCATED TO THE SOUTHEAST OVERTOWN/PARK WEST PROJECT AND 1976 G.O. HOUSING BOND FUND, WHEREAS, by Resolution No. 82-755 the City Commission approved, in principle the Southeast Overtown/Park West Redevelopment Project Plan; and WHEREAS, the City Commission on July 31, 1984 approved Resolution No. 84-893 author.iziny the City Manager to issue a Request for. Unified Development Project Proposals For. the Southeast Overtown/Park West Redevelopment Project Phase I area; and WHEREAS, said appraiser. Moses C. Florence will provide for. the City appraisal and lease analysis and assessment of several parcels of property located within the Southeast Overtown/Park West Redevelopment Project Area Phase I; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute an agreement, in a form acceptable to the City Attorney, between Moses C. Florence, an individual, and the City of Miami for the preparation of appraisals and lease analysis of parcels of property located within the Southeast Overtown/Park West } Redevelopment Project Phase I Area whereby the term of said Agreement is from December. 1, 1986 thru April 1, 1987. CITY COMMISSION 3 MEETING OF } DEC i i lyoo YES01-U710ti No. 86-775 r <<:iirNS: rk= t Section 2. The compensation under, said agreement shall be for an amount not to exceed $7,500 with funds therefor hereby allocated from 12th Year. Community Development Funds allocated to Southeast Overtown/Park West Project and 1976 G.O. Housing Bond Funds. PASSED AND ADOPTED this llth. day of December 1986. ATTEST: XAVIER L. i M TY HIRAI, CITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLERK, CHIEF DEPUTY CITY APPROVED ZASTO LUCIA A. DOUGHER , AND CORRECTNESS: ATTORNEY Y UAREZ, 06 I 86- 975► CITY OF MIAMI, FLORIDA INTEROFFICE MEMORANDUM 10 TOo Honorable Mayor and Members DATE: DEC C ,�� of the City Commission FILE: Resolution Authorizing suBjEc*he City Manager to Execute an Agreement with Moses C. Florence FROM: Cesar H. Odio f ' City Manager RECOMMENDATION: REFERENCES: ENCLOSURES: It is respectfully recommended that the City Commission adopt the attached resolution authorizing the execution of an agreement in substantially the form attached hereto, between Moses C. Florence, an individual and the City of Miami for the professional services of said individual to prepare appraisals of Real Property within the Phase I of the Southeast Overtown/Park West Redevelopment Project Area. BACKGROUND: The Department of Development has analyzed the need to execute the attached agreement with Moses C. Florence, a minority appraiser. Mr. Florence will conduct lease analysis and _ assessment for three lease hold properties located within the Southeast Overtown Park West Redevelopment Project area. Funds will be allocated from the 12th year Community Development Block Grant Funds allocated to the Southeast Overtown Park West Project and G.O. Housing Bond Funds. The term of the proposed agreement is December 1, 1986 to April 1, 1987; compensation is for an amount not to exceed $7,500. Attachments: Proposed Resolution Agreement 86-9'751 0 PROFESSIONAL SERVICES AGREEMENT This Agreement is entered into this day of , 1986, by and between the CITY OF MIAMI, a, municipal corporation of the State of Florida, hereinafter referred to as "CITY" and Moses C. Florence hereinafter referred to as "CONSULTANT". R E C I T A L S: WHEREAS, by Resolution No. 82-755 the City Commission approved, in principle the Southeast Overtown/Park West Redevelopment Project Plan; and WHEREAS, the City Commission on July 31, 1984 approved Resolution No. 84-893 authorizing the City Manager to issue a Request for Unified Development Project Proposals for. the Southeast Overtown/Park West Redevelopment Project Phase I Area; and WHEREAS, said appraiser Moses C. Florence will provide for the City appraisal and lease anlysis and assesment of several parcels of propert located within the Southeast Overtown/Park West Redevelopment Project Area Phase I. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, and subject to the terms and condi- tions hereinafter stated, the parties hereto understand and agree as follows: I. TERM The term of this Agreement shall be from December 1, 1986 through April 1, 1987. s 0 II. SCOPE OF SERVICES A. CONSULTANT RESPONSIBILITIES CONSULTANT will provide assistance to the City of Miami, Department of Development in the preparation of appraisals and lease analysis of Parcels of Property located within the Southeast Overtown/Park West Redevelopment Project Phase I Area. 1) Assist the Department in developing a forecast of potential gross revenues anticipated from the Southeast OvertownfVark' West development activities, in order to determine the amount of revenues expected for percentage lease amounts during the term of the lease. 2) Assist the Department in the analysis of market rents for similarly leased competing properties in the local market and prospects for similar use proposed by the developer. 3) Assist the Department in determining the potential for escalation of rental receipts over the period of the lease arrangement. 4) The Consultant also agrees to be available to meet with any officials of the City of Miami as it relates to the proposals. III. COMPENSATION AND FEE SCHEDULE A. The CITY shall pay the CONSULTANT, as maximum compensa- tion for the services described herein, a fee of $7,500 The proportioning of that fee between the CONSULTANT and subconsultants is shown on Exhibit B. . 867975- - -- E. Should any provisions, paragraphs, sentences, words or phrases 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 provisions,paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable i to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. VI. OWNERSHIP OF DOCUMENTS All documents developed by the CONSULTANT under this Agreement, shall be delivered to the CITY by said CONSULTANT upon com- pletion of the services required pursuant to paragraph II hereof and shall become the property of the CITY, without restriction or limitation on their use. The CONSULTANT agrees that all docu- ments maintained and generated pursuant to this contractual rela- tionship between the CITY 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 documents or objects which are given by the CITY to the CONSULT- ANT pursuant to this Agreement shall at all times remain the i property of the CITY and shall not be used by the CONSULTANT for any other purposes whatsoever without the written consent of the CITY. VII. NON-DELEGABILITY The obligations undertaken by the CONSULTANT pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless the CITY shall first consent in writing to the performance or assignment of such services or any part thereof by another person or firm. 86- T; . B. Such compensation shall be paid on a lump sum basis as follows. - Up to $2, 500 per completion of submission of a written lease analysis for each of 3 lease agreements. C. CITY shall have the right to review and audit the time records and related records and related records of CONSULTANT pertaining to any payment by the CITY. IV. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS ^ Boh;.partiesi:shall comply with all applicable laws, ordi- nances and codes of federal, state and local governments. V. GENERAL CONDITIONS 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 on which personally served; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI Department of Development 300 Biscayne Boulevard Way Miami, Florida 33131 CONSULTANT Moses C. Florence, C.R.A. 777 N.E. 79th Street Miami, Florida 33138 B. Title and paragraph headings are for convenient refere nce 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 shall constitute a waiver of any subsequent breach of the same or any provision hereof, and no waiver shall be effective unless made in writing. 86-975 . VIII. AUDIT RIGHTS City reserves the right to audit the records of CONSULTANT at anyu time during the performance of this Agreement_ and for a period of one year after final payment is made under this Agreement. IX. AWARD OF AGREEMENT The CONSULTANT warrants that it has not not employed or, retained any person employed by the CITY to solicit or secure this Agree- ment and that it 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 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. XII. INDEMNIFICATION The CONSULTANT shall indemnify and save the CITY harmless from and against any and all claims, liabilities, losses, and causes of action, which may arise out of the CONSULTANT's activities under this Agreement, including all other acts or omissions to act of the CONSULTANT, including any person acting for or on its behalf, and from and against any orders, judgments or decrees which may be entered, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims, or 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 interests, direct, with City. CONSULTANT further covenants that, in the performance 86-9'75 11 of this Ag9reement . no person h avinitsuch conflicting interest shall be employed. Any such interests on the part of CONSULTANT or its employees, must be disclosed in writing to CITY. B. The 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 will fully comply in all respects with the terms of said laws. w _ XIV. INDEPENDENT CONTRACTOR The CONSULTANT and its employees and agents shall be deemed to be independent contractors, and not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY, or any rights gener- ally afforded classified or unclassified employees; furthermore, its agents or employees shall not be deemed entitled to the Flor- ida Workers' Compensation benefits as an employee of the CITY. XV. TERMINATION OF AGREEMENT The 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 the CITY. In that event, notice of termination of this Agreement shall be in writ- e ing to the CONSULTANT, who shall be paid for those services performed prior to the date of its receipt of the notice of ter- mination. In no case, however, will the CITY pay the CONSULTANT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the CONSULTANT that any payment made in accordance with this Section to the CONSULTANT shall be made only if said CONSULTANT is not in default under the terms of this Agreement. If the CONSULTANT is in default, then the CITY shall in no way be obligated and shall not pay.to the CONSULTANT any sum whatsoever. XVI. NONDISCRIMIN. ON The CONSULTANT agrees that it shall not discriminate as to race, sex, color, creed, age, national origin, or handicap, be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. XVII. MINORITY PROCUREMENT COMPLIANCE The CONSULTANT acknowledges that it has been furnished a copy of Ordinance No. 10062, the Minority and Women Business Affairs and 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, or authorization, reduction of funds, and/or change in regulations. XIX. DEFAULT PROVISION In the event that the 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 the CITY, at its sole option and upon written notice to the CON- SULTANT, may cancel and terminate this Agreement, and all pay- ments, advances, or other compensation paid to the CONSULTANT by the CITY while the CONSULTANT was in default of the provisions herein contained, shall be forthwith returned to the CITY. XX. ENTIRE AGREEMENT: This instrument and its exhibits and appendices constitute the sole and only Agreement of the parries hereto and correctly sets forth the 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. 85-975 XXI. AMENDMENTS No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, this day and year first above written. ATTEST: MATTY HIRAI City Clerk ATTEST: Corporate Secretary WITNESSES: CITY OF MIAMI, a Municipal Corporation of the State of Florida By CESAR H. ODIO City Manager CONSULTANT: MOSES C. FLORENCE, C.R.A. By (TITLE) (SEAL) As to CONSULTANT (NOTE: If CONSULTANT is not a Corporation, two witnesses must sign.) APPROVED AS TO INSURANCE APPROVED AS TO REQUIREMENTS: FORM AND CORRECTNESS: DIVISION OF RISK MANAGEMENT LUCIA A. DOUGHERTY City Attorney 86"`975 I CORPORATE RESOLUTION WHEREAS, desires to enter into an agreement with the City of Miami; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By-laws of the corporation; • NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the president and secretary are hereby authorized and instructed to enter into a contract in the name and on behalf of this corporation with the City of Miami upon the terms contained in the proposed contract to which this resolution is attached. DATED this day of (SEAL) 1986. 86-9'75' .