Loading...
HomeMy WebLinkAboutR-85-0506G .4 4 ! J-85-336 4/8/85 ;- RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT IN SUBSTANTIALLY THE FORM ATTACHED BETWEEN THE CITY OF MIAMI AND E.P. v' IACONIS, A CERTIFIED PUBLIC ACCOUNTANT, FOR A FEE NOT TO EXCEED $10000 TO ASSIST IN THE PREPARATION OF LAND DISPOSITION AGREEMENTS WITH SELECTED DEVELOPERS FOR THE SOUTHEAST OVERTOWN/PARK WEST PROJECT PHASE I REDEVELOPMENT AND ALLOCATING MONIES THEREFOR '.. FROM THE 1976 GENERAL OBLIGATION HOUSING BOND t; FUNDS AND A SECTION 108 LOAN FROM THE U.S. DEPARTMENT OF HOUSING AND DEVELOPMENT SECTION 108 LOAN PROGRAM.. WHEREAS, by Resolution No. 82-755, the City Commission approved in principle the Southeast 0 vertown/Park West Community Redevelopment 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; and WHEREAS, on December 14, 1984 twenty (20) proposals were submitted by development teams in response to the Request; and WHEREAS, a review committee, a certified public accounting firm, and the City Manager recommended development teams for the Southeast Overtown/Park West Redevelopment Project Phase 1; and WHEREAS, upon the City Commission's acceptance of develop- ment teams, negotiations of land disposition agreements with selected developers will commence; and WHEREAS, the City is desirous of engaging a certified public accountant to 1) provide accounting and related advisory assistance relative to the negotiations, 2) identify issues and make recommendations regarding accounting and financial con- siderations pertinent to the review of proposed agreements, 3) test and review financial and accounting information proposed by developers during negotiations, and 4) review and analyze proposed rental projections and prepare comparative projections during negotiations to ensure the desired level of rental rates CITY CoifS:ON MAY p9C1985 RESOLUTION IFA* -. a and unit costs; and WHEREAS, E.P. taconis, Certified Public Accountant, holds the academic and professional qualifications required for these S�lY °= services; and WHEREAS, funds are available from the 1976 General Obliga- tion Housing Bond proceeds and a Section 108 loan from the U.S. Department of Housing and Urban Development; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY i OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute a contract, in substantially the form attached, between s' the City and E.P. Iaconis, a Certified Public Accountant, for a fee not to exceed Ten Thousand Dollars ( $10, 000 ) to 1) provide accounting and related advisory assistance relative to the negotiations of land disposition agreements with selected developers, 2) identify issues and make recommendations regarding accounting and financial considerations pertinent to the review of proposed agreements, 3) test and review financial and accounting information proposed by developers during negotia- tions, and 4) review and analyze proposed rental projections and I prepare comparative projections during negotiations to ensure the ` desired level of rental rates and unit costs. Section 2. Monies for the cost of the above contract are hereby allocated from the 1976 General Obligation Housing Bond funds and a Section 108 loan from the U.S. Department of Housing and Urban Development Section 108 Loan Program. PASSED AND ADOPTED this 9t11 day of May , 1985. ATTEST: Q H G. ONGIE City Clerk PREP D AND APPROVED BY: ROBERT -N. SECHEN Assistant City Attorney RNS/LGK/wpc/pb/207 Maurice A. Ferre MAURICE A. FERRE, Mayor FORM AND CORRECTNESS: City Attorney 85— O6... -2- r� 37 TO. Sergio Pereira City Manager OI" T OF MIAMI, FLO NIDA INTKft4D1tRICE MEMORANDUM FROM: Herbert J. Bailey Assistant City Manager r S.E. Overtown/Park West; ! ; Redevelopment Project, DATE: April 30, 19B5 PILE; SUBJECT: Professional Services Contract--E.P. Iaconis City Commission Agenda M . � REFERENCES: May 9, 1985 • I ENCLOSURES: ( 2 It is recommended that the Commission approve the attached resolution authorizing the City Manager to enter into a contractual agreement with E. P. Iaconis, Certified Public Account- ant for the preparation of land disposition agreements for Phase I of the S.E. Overtown/ Park West Redevelopment Program. It is anticipated that the City of Miami will immediately initi- ate the preparation of land disposition agreements with the selected developers for Phase I of the S.E. Overtown/Park West Redevelopment Project upon Commission approval of the developer selections. The City will be entering into long-term lease agreements with the selected developers and it is extremely im- portant that the City structure the agreements in a manner that would allow for the maximum financial return to the City. During the initial stages of the redevelopment program it is anticipated that there will only be a minimal return to the City on the lease of the subject properties but, there is a strong possibility for a significant return to the City after the first five years of the project. Mr. Iaconis has had extensive experience working with the City on disposition a reements and is familiar with the Unified Devel- opment Project UDP process. He had major input on the Bayside contractual agreement with the Rouse Company and worked on the final agreement with Worsham Brothers for the James L. Knight Center. He will provide services in conjunction with services to be provided by Touche Ross & Company. Funding for this $10,000 contract will be from the 1976 G.O. Housing Bond funds and the Section 108 Loan from the U.S. Depart- ment of Housing and Urban Development. 85-506. . Sylvia Lowman City Clerk's Office Louise Arsenault Secretary to Robert N. Sechen Law Department April 18, 1985 J-85-336 Contract E.P. Iaconis Resolution Please find attached an original copy of resolution J-85-336 which is to authorize a contract between the City and E.P.Iaconis. The professional services agree- ment is already in your possession and has not been revised to date. This item was on the last agenda t Ita,-%. 53) for April 11, 1985, but was not passed at that time. Please keep this original for the next time this item comes upon the agenda. Thank you. /la 0 & PROFESSIONAL SERVICES AGREEMENT This Agreement entered into this �& day of -_ _ _ _. __11 r 1985, by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY", and E.P. Iaconis, a Certified Public Accountant, hereinafter referred to as "CONSULTANT." WITNESSETH: WHEREAS, the CITY is desirous of securing professions) accounting and consulting services for the Southeast Over- town/Park West Community Redevelopment Project, hereinafter referred to as "Project", which might be rendered by the CONSULTANT; and WHEREAS, the CONSULTANT holds the academic and professional qualifications required for these services; and WHEREAS, the CONSULTANT is capable and desirous of per- forming such services and other allied tasks as might be desired by the CITY; 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 as follows: TERM: I. The term of this Agreement shall be from April 15, 1985, through April 15, 1986. II. SCOPE OF SERVICES: The CONSULTANT shall be under the supervision of the Director of the Southeast Overtown/Park West Project Office (Assistant City Manager), and shall undertake the following 85--50 f. professional servicest A. The CONSULTANT shall provide accounting and related advisory assistance, as required, during the negotia- tions, of redevelopment agreements with selected developers. n. The CONSULTANT shall identify issues to be addressed, and make recommendations regarding accounting and F' financial considerations to be applied in the review of proposed redevelopment agreements, to assure conformity to the CITY's guidelines. { C. The CONSULTANT shall provide appropriate testing and review of financial and accounting information proposed :a- by developers, as required, in accordance with standards set by the Project Director. n. The CONSULTANT shall review and analyze rental projec- tions as proposed by developers, where necessary, and prepare independent projections for comparison, as a required. R. The CONSULTANT shall report findings and recommenda- tions.to the Project Director as requested, and shall perform other duties and attend meetings as requested by the CITY. F. The CONSULTANT shall devote the necessary reasonable time in the rendering of such services as may be required. G. The CONSULTANT shall provide his own office and work � SpdCe. c COMPENSATION: A. CITY shall pay CONSULTANT, as maximum compensation for the services and expenses required pursuant to Paragraphs II and III hereof, Ten Thousand Dollars ($101000.00). B. Such compensation shall be paid in accordance with the following hourly raters ss--sos. . 0 Principal Consultant $110.00/hr Administrative Assistant $ 30.00/hr In addition, the CONSULTANT will be reimbursed for typing, reports reproduction, and other administrative expenses, including out-of-town travel and related expenses, as the CITY may direct. C. Such compensation shall be paid within 30 days of submission of invoices by CONSULTANT. D. CITY shall have the right to review and audit the time records and related records of CONSULTANT pertaining to any payments 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 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 Address Herbert J. Bailey Assistant City Manager Southeast O vertown/Park West Project Office 100 Biscayne Blvd. North Suite 901 Miami, Florida 33132 CONSULTANT Address E.P. Iaconis Certified Public Accountant 7951 Southwest 146th Street Miami, Florida 33158 B. Title and paragraph headings are for convenient -3-a 85-506. k 'i reference and are not a part of this Agreement. C. I n the event of conflict between the terms of this y` Agreement and any terms or conditions contained in any attached documents, the, terms in this Agreement shall rule. b. 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. c`. 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 to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of '- »: .' .fir, .,,,� X. this Agreement shall remain unmodified and in full force and effect. VI. OWNERSHIP OF DOCUMENTS: All reports prepared by CONSULTANT under this Agreement shall be delivered to CITY by said CONSULTANT as required pursuant to paragraph II hereof and shall become the property of CITY, without restriction or limitation on its use. CONSULTANT agrees that all required reports 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. It is further understood by and between the parties that any information, writings, maps, contract documents, reports or any -4- 85-506. _ J Ft{ i other matter whatsoever which is given by CITY to CONSULTANT I pursuant to this Agreement shall at all times remain the property of CITY and shall not be used by CONSULTANT for any other purposes whatsoever without the written consent of CITY. Me 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 f<. performance or assignment of such service or any part thereof by another person or firm. The CONSULTANT agrees that there shall be no subcontracts in 4 y connection with the Agreement without the prior written approval of the CITY and that all such subcontractors or assignees shall be -governed by the 'terms and intent of this Agreement. Anyone hired by the CONSULTANT (subcontractor or any other expense) is solely the responsibility of the CONSULTANT. Nothing stated -,Y herein will create an obligation on the part of the CITY to compensate the subcontractor. VIII. AUDIT RIGHTS: �t 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 this Agreement. IX. AWARD OF AGREENENTt That CONSULTANT has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that he 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 . 85-n-506. k f award of this Agreement. X. CONSTRUCTION -OF AGREEMENT: This Agreement shall be construed and enforced according to the laws of the State of Plorida. Xt. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and f.: assigns. ... XII. INDEMNIFICATION: .t CONSULTANT shall indemnify and save CITY harmless from and k.; 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 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 in the investigation thereof. �f XIII. CONFLICT OF INTEREST: A. CONSULTANT covenants that no person under its employ who presently exercises any functions or responsi- bilities in connection with this Agreement has any personal financial interests, direct or indirect, with CITY. CONSULTANT further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests on the part of CONSULTANT or its employees, SJr 506. -- - - f must be disclosed in writing to CITY. 8. 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 Floridai and agrees that it shall fully comply in all respects with the terms of said laws. XIV. INDEPENDENT CONTRACTOR: CONSULTANT and his 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 under the Civil Service or Pension Ordinances of CITY, or any rights generally afforded classified or unclassified employees; further he shall not be deemed entitled to the Florida Workers' Compensation benefits as an employee of CITY. XV. TERMINATION OF AGREEMENT: 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 his 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 CONSUL- TANT 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 in no way be obligated and shall not pay to CONSULTANT any sum whatsoever. -7- ss-so6... f XVI. s NONDISCRIMINATION: CONSULTANT agrees that he shall not discriminate as to race, seat, color, creed# or national origin in connection with his performance under this Agreement. XVII. MINORITY PROCUREMENT COMPLIANCE CONSULTANT acknowledges that he has been furnished a copy of Ordinance No. 9775, the Minority Procurement Ordinance of the City of Miami, and agrees to comply with all applicable substan- tive and procedural provisions therein, including any amendments thereto. i 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 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 payments, advances, or other compensation paid to CONSULTANT by CITY while CONSUL- TANT was in default of the provisions herein contained, shall be forthwith returned to CITY. XX. AMENDMENTS: No amendments to this Agreement shall be binding on either • 857-506. _ 9) F party unless in writing and signed by both parties. IN WITNESS WHEREOPo the patties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, this the day and year first above written. ATTEST: RALPH G. ONGIE City Clerk WITNESSES: APPROVED AS TO INSURANCE w: REQUIREMENTS: Department of Risk Management AV/wpc/pb/035 -9- CITY OF MIAMI, a municipal Corporation of the State of Florida By City Manager CONSULTANT: E.P. Iaconis, C.P.A. By (Seal) E.P. Iacbn s Certified Public Accountant APPROVED AS TO FORM AND CORRECTNESS: LUCIA A. DOUGHERTY City Attorney 85-506.