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HomeMy WebLinkAboutR-85-0276i J-85-297 .. 3/5/85 -2 6 RESOLUTION NO. ;+u A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT IN SUBSTANTIALLY THE FORM ATTACHED BETWEEN THE CITY OF MIAMI AND THE REAL ESTATE RESEARCH CORPORATION, A FLORIDA CORPORATION, AT A COST NOT TO EXCEED $17,000, TO PREPARE APPRAISALS OF REAL PROPERTY WITHIN PHASE I OF THE SOUTH- _ EAST OVERTOWN/PARK WEST REDEVELOPMENT AREA AND PROVIDE TECHNICAL ASSISTANCE FOR PROP- ERTY ACQUISITION. } I WHEREAS, by Resolution No. 82-755, the City Commission approved, in principle, the Southeast Overtown/Park West Redevel- opment Plan; and WHEREAS, the City Commission, on October 25, 1983, approved Resolution No. 83-972, in principle, the Phase I Overtown Transit Station Impact Area Redevelopment Program; 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 South- east Overtown/Park West Redevelopment Project Phase I; and WHEREAS, by Resolution 84-758, the City Commission accepted the proposals of Real Estate Research Corporation and Leonard A. Bisz, MAI Appraisers, to appraise for the purpose of estab- lishing fair market value of the parcels located within the above described boundaries; and WHEREAS, part of Phase I of the Southeast Overtown/Park West Redevelopment Program is the acquisition of property; and WHEREAS, five (5) blocks within the Phase I nine -block rede- velopment area have already been acquired by Dade County; and WHEREAS, the Real Estate Research Corporation already has completed an appraisal analysis on 64 of the remaining parcels; and CITY COMMISSION MEETING OF MAR 21 1"S RESOLUtloN ivk - `! 6_ REMARKS, WHEREAS, the City is desirous of initiating the acquisition of the remaining parcels located in the Phase I nine -block rede- velopment area; and WHEREAS, funds for the expenses involved in this acquisi- tion, including appraisal fees, are provided from the 1976 General Obligation housing Bond 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 OF MIAMI, FLORIDA: Section I. The City Manager is hereby authorized to execute a contract in substantiallly the form attached between the City and the Real Estate Research Corporation for a fee not to exceed $17,000, not including court preparation and testimony cost, to prepare appraisals for five additional parcels, update existing appraisals as warranted, and assist in the negotiations for the acquisition of real property by providing technical assistance to staff. PASSED AND ADOPTED this 21St day of ,RALPH G. ONGIE CITY CLERK PREPARED AND APPROVED BY: ROBERT N. SECHEN ASSISTANT CITY ATTORNEY Maurice A. F_erre MAURICE A. FERRE, MAYOR LUC;IA A. VUUU CITY ATTORNEY OORREc. I : 85-2'76 K-85-44 3/5/85 PROFESSIONAL SERVICES AGREEMENT This Agreement is entered into this day of , 1985, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as "CITY" and REAL ESTATE RESEARCH CORPORATION, a Florida corporation, herein- after referred to as "CONSULTANT". W I T N E S S E T H: } I `?> WHEREAS, the CITY is desirous of securing professional con- j sulting services for the Southeast Overtown/Park blest Community Redevelopment Project, hereinafter referred to as "PROJECT", which might be rendered b the CONSULTANT,* and g Y_ WHEREAS, the CONSULTANT holds the academic and professional qualifications required for these services; and WHEREAS, the CONSULTANT is capable and desirous of perform- ing such services and other allied tasks as might be desired by the CITY: 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 Up as follows: I. TERM The term of this Agreement shall be from March 1, 1985, through February 28, 1986. II. SCOPE OF SERVICES I. The CONSULTANT shall be under the general supervision of the Director of the Southeast Overtown/Park West Project Office (Assistant City Manager) and the direct supervision of the Assistant Director for Development. 2. The CONSULTANT shall provide professional advice to the staff of the Southeast Overtown/Park West Community Redevelopment 85-2'76. y Project on the property appraisal process and current market con- ditions. The CONSULTANT will undertake the following activities: A. The CONSULTANT shall assist the staff of the Southeast Overtown/Park West Project in negotiating the acqui- sition of real property in the project area. B. The CONSULTANT shall be present and assist the staff of the Southeast Overtown/Park West Project during the negotiation of property when requested. C. The CONSULTANT shall prepare appraisal reports for the following parcels: Folio Numbers: 01-0102-50-1020 01-0102-50-1030 01-0102-50-1041 01-0102-50-1160 01-0102-50-1190 ' Format for the appraisal reports should follow requirements set forth in the contractual agreement previously executed between the CITY and the CONSULTANT. D. The CONSULTANT shall prepare upon request updated appraisal reports, fee to be determined prior to initiation of work. 3. The CITY shall authorize in writing all work to be performed prior to the CONSULTANT initiating work or attending meetings. 4. The CONSULTANT shall devote the necessary reasonable time in the rendering of such services and documents as may be required. 5. The CONSULTANT shall provide its own office and work space. III. COMPENSATION 1. The CITY shall pay the CONSULTANT, as maximum compensa- tion for the services required pursuant to Paragraph II hereof, Seventeen Thousand Dollars ($17,000.00). 2. Such compensation shall be paid on an hourly basis not to exceed $60.00 an hour for a senior appraiser and $95.00 an hour for the Vice President of Research. -2- 8S-276. 3. The fee for the appraisal of additional parcels indicated in Section II, Item 2.D, shall not exceed One Thousand Dollars ($1,000) per parcel. 4. The CLTY shall have the right to review and audit the time records and related records of the CONSULTANT pertaining to any payments by the CITY. IV. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Both parties shall comply with all applicable laws, ordi- nances and codes of federal, state and local governments. t V. GENERAL CONDITIONS 1. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall I 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 CONSULTANT Matthew Schwartz Clifford A. Koenig City of Miami Vice President - Research Southeast Overtown/ Real Estate Research Corp. Park West Project Suite 705 P.O. Box 330708 799 Brickell Plaza Miami, FL 33233-0708 Miami, FL 33131 2. Title and paragraph headings are for convenient refer- 3 ence and are not a part of this Agreement. 3. 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. 4. 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. _3- 85-2'76. r 5. 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 unen- forceable 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 this Agreement shall remain urunodified and in full force and effect. VI. OWNERSHIP OF DOCUMENTS All documents developed by the CONSULTANT under this Agree- ment, shall be delivered to the CITY by said CONSULTANT upon completion 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 documents maintained and generated pursuant to this con- tractual relationship 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 property of the CITY and shall not be used by the CONSULTANT for any other purposes whatsoever without the written consent of the t s= 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. The CONSULTANT agrees that there shall be no subcontracts in connection with the Agreement without the prior written approval -4- v5"'i� I V, 5. 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 unen- forceable 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 this Agreement shall remain urunodified and in full force and effect. VI. OWNERSHIP OF DOCUMENTS All documents developed by the CONSULTANT under this Agree- ment, shall be delivered to the CITY by said CONSULTANT upon completion 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 documents maintained and generated pursuant to this con- tractual relationship 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 property of the CITY and shall not be used by the CONSULTANT for any other purposes whatsoever without the written consent of the t s= 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. The CONSULTANT agrees that there shall be no subcontracts in connection with the Agreement without the prior written approval -4- v5"'i� I V, 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 herein will create an obligation on the part of the CITY to compensate the subcontractor. VIII. AUDIT RIGHTS The CITY reserves the right to audit the records of the 4. CONSULTANT pertaining to any billings to the CITY for time or 1 <.> expenses at any time during the performance of this Agreement and i t for a period of one year after final payment is made under this Agreement. IX. AWARD OF AGREEMENT The CONSULTANT warrants that it has riot 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 VA 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 t causes of action, which may arise out of the CONSULTANT's activ- ities 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 -5- 85-276, 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 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. The CONSULTANT covenants that no person under its employ who presently exercises any functions or responsibilities in connec- tion with this Agreement has any personal financial interest, direct or indirect, in the work product of this Agreement. The 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 the CONSULTANT or its employees must be disclosed in writing to the CITY. The CON- SULTANT, in the performance of this Agreement, shall be subject to the more restrictive law and/or guidelines regarding conflict of interest promulgated by federal, state or local government. 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 Florida 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 pursu- ant to paragraph II hereof without penalty to the CITY. In that 7"' event, notice of termination of this Agreement shall be in writing to the 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 the CITY pay the CON- SULTANT 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. NONDISCRIMINATION The CONSULTANT agrees that it shall not discriminate as to race, sex, color, creed, age, or national origin in connection with its performance under this Agreement. XVII. MINORITY PROCUREMENT COMPLIANCE The CONSULTANT acknowledges that it 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 sub- stantive and procedural provisions therein, including any amend- ments thereto. XVIII. CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and t is subject to amendment or termination due to lack of funds, or 4 authorization, reduction of funds, and/or change in regulations. N 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 CONSULTANT, may cancel and terminate this Agreement, and all -7- 85-276, 0 payments, 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. AMENDMENTS The parties agree to amend this Agreement to conform with changes in applicable City, County, State and Federal laws, directives, guidelines and objectives. 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 the day and year first above written. ATTEST: CITY OF MIAMI, a Municipal Corporation of the State of Florida By RALPH G. ONGIE City Clerk City Manager ATTEST: CONSULTANT: Real Estate Research Corporation, a Florida Corporation By Corporate Secretary CLIFFORD A. KOENIG Vice President CORPORATE SEAL APPROVED AS TO INSURANCE APPROVED AS TO FORM REQUIREMENTS: FORM AND CORRECTNESS: DEPARTMENT OF RISK MANAGEMENT LUCIA A. DOUGHERTY City Attorney 85--276, CORPORATE RESOLUTION WHEREAS, Real Estate Research Corporation has submitted a bid for professional consulting services and the City has accepted such bid; and WHEREAS, the Board of Directors of the Real Estate Research Corporation has examined the terms, conditions, and obligations of the proposed contract with the City of Miami for the provision of consulting services for appraisals, current market conditions, and negotiation procedures for property acquisition in the pro- ject area, hereinafter referred to as "WORK", for the Southeast Overtown/Park West Community Redevelopment Project; WHEREAS, the Board of Directors at a duly held corporate meeting have considered the matter in accordance with the by-laws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF the Real Estate Research Corporation that the vice president, Clifford Koenig, and secretary are hereby authorized and in- structed to enter into a contract in the name of and on behalf of this corporation with the City of Miami for the preparation of the above stated WORK. for the Southeast Overtown/Park West Community Redevelopment Project, in accordance with the contract documents furnished by the City of Miami, and for the price and upon the terms and payments contained in the proposed contract submitted by the City of Miami. IN WITNESS WHEREOF, this day of , 1985. WITNESS CHAIRMAN, Board of Directors 55-2'76.. t CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO: Randolph B. Rosencrantz DATE: March 5, 1985 FILE: City Manager SUBJECT: Real Estate Research Corporation Contract City Commission Agenda March 21, 1985 FROM: Herbert J. Bailey REFERENCES: Assistant City Manager S.E. Overtown/Park West � .-r / ENCLOSURES: (1 ) Redevelopment Projects ,� It is recommended that the City Commis- sion approve the attached resolution authorizing the City Manager to enter into a contractual agreement with the Real Estate Research Corporation for services relating to the appraisal of properties located in the Southeast Overtown/Park West Phase I Redevelopment Area, fee for services not to exceed $17,000. The Miami City Commission approved Resolution No. 84-758 author- izing the City Manager to enter into a contractual agreement with the Real Estate Research Corporation and Leonard A. Bisz for the preparation of property appraisals for the remaining 64 parcels in the Southeast Overtown/Park West Project area. The desig- nation of the Phase I redevelopment area was made by City Commis- sion Resolution No. 83-972 (note attached map). Additional services are needed from the Real Estate Research Corporation which include: 1. The appraisal of five remnant parcels on Block 25 which were not acquired by Dade County for Metrorail alignment. 2. The updating of existing appraisals following property acqui- sition negotiations and review by the Dade County Review Appraiser. 3. Assisting staff in negotiation of the acquisition of real property in the project area. These activities are follow up activities to services performed by the Real Estate Research Corporation under their existing contract. The maximum fee for services shall not exceed $17,000 and will be provided from the 1976 Housing General Obligation Bond and pro- ceeds from a HUD Section 108 Loan. 85-2'76