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HomeMy WebLinkAboutR-84-1153V CN (*S, J-84-915 9/25/84 RESOLUTION NO. 84_7 153 A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH TOUCHE ROSS AND COMPANY, CERTIFIED PUBLIC ACCOUNTANTS; ENGAGING SAID FIRM TO PROVIDE FINANCIAL ANALYSES OF THE PROPOSALS SUBMITTED IN RESPONSE TO THE REQUEST FOR PROPOSALS FOR THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT PHASE I; AUTHORIZING COMPENSATION FROM THE SOUTHEAST OVERTOWN/PARK WEST GENERAL FUND FOR THE SERVICES NOT TO EXCEED $30,000.00 AND OUT OF POCKET EXPENSES FOR THE PERIOD TO COMMENCE UPON EXECUTION OF AGREEMENT AND TERMINATE ON SEPTEMBER 30, 1985. 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 appointed the Southeast Overtown/Park West Review Committee to evaluate proposals and provide a written report to the City Manager; and WHEREAS, Ordinance No. 95-72 and Section 53(c) of the City Charter require the City Commission to select a certified public accounting firm to analyze the proposals based on certain specific evaluation criteria and to render a written report of its findings to the City Manager; and WHEREAS, the City Commission selected Touche Ross & Co. as the first ranked certified public accounting firm to research the viability of the proposed development teams and their proposed financing strategies and to evaluate comparatively the short and long range return to the CITY; and WHEREAS, CITY desires CONSULTANT to (1) assist the Review Committee in performing its assessment and analysis of the proposals, and (2) conduct an independent analysis and assessment 1� of the proposals with special attention paid to the financial and economic aspects of the submissions; and WHEREAS, CONSULTANT shall be paid on an hourly rate payment schedule, based on a projected statf schedule and rate structure j with a maximum limit of $30,000 for professional services and out of pocket expenses to be billed to CITY at cost, with the firm submitting monthly invoices, subject to the approval of the Director of the Southeast Overtown/Park West Redevelopment Project, and providing a monthly accounting specifying the nature, extent, and purpose of each expenditure. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Commission approves and authorizes the City Manager to enter into the attached Professional Services Agreement with Touche Ross & Co. to prepare a written report analyzing the proposals submitted in response to the Request for Proposals for the Southeast Overtown/Park west Redevelopment Project Phase I whereby the firm will research the viability of the proposed development teams and their proposed financing strategies, evaluate comparatively the short and long range return to the CITY, and submit the report to the Southeast Overtown/Park West Review Committee to assist it in performing its assessment and analysis of proposals and to the City Manager for his consideration. Section 2. The City Commission approves the expenditure of $30,000 from the Southeast Overtown/Park West General Fund to compensate Touche Ross & Co. for its services and out of pocket expenses, subject to the approval of the Director of the Southeast Overtown/Park West Redevelopment Project, during the term of this Agreement commencing upon execution by the City Manager and terminating on September 30, 1985. PASSED AND ADOPTED this loth day of October , 1984. ATTEST: Maurice A. Ferre �Q MAURICE A. FERRE, MAYOR i �.�`� PREPARED AND APPROVED BY: ROBL-EY4N. SECHEN ASSISTANT CITY ATTORNEY APPROVED AS E RM AND CORRECTNESS: LUCIA A. DOUGHERTY--� CITY ATTORNEY RNS/wpc/ab/167 3 CITY OF MIAMI. FLORIDA ' t 61 INTER -OFFICE MEMORANDUM TO: Howard V. Gary City Manager FROM: Herbert J . Bailey Assistant City Manager Southeast Overtown/Park West DATE: September 26, 1984 FILE: SUBJECT: Professional Services Agreement with Touche Ross & Co. City Commission Agenda — REFERENCES: October 10, 1984 ENCLOSURES: rPdV1•s"-recommendethat the City Commission prove the attac ed resolution approving and authorizing the City Manager to enter into a Professional Services Agreement with Touche sub3ect to the city attorneys approval as Lo form and correctness; engaging said firm to provide financial analyses of the progosals subMitte3 in response to the Request or Proposals for the Southeast Overtown Park West Redevelopment Project P_a-se 1; authorizingcom ensation for the services not t�exceed *30F000 and out of pocket ex enses for the period to commence upon execution o agreement and terminate on September 30, 1985. On July 31, 1984 the City Commission approved Resolution No. 84-893 authorizing the City Manager to issue a Request for Unified Development Project Proposals for the Southeast Over- town/Park West Redevelopment Project Phase I and appointing the Southeast Overtown/Park West Review Committee to evaluate proposals and provide a written report to the City Manager. In addition to which, pursuant to Ordinance No. 95-72 and Section 53(c) of the City Charter, the City Commission is required to select a certified public accounting firm to provide a financial analysis of each proposal submitted based on certain specific evaluation criteria set forth in the RPP. Accordingly, the City Commission selected Touche Ross & Co. as the first ranked certified public accounting firm to provide said report. As stated in the RPP, Touche Ross & Co. will be engaged to: ...specifically evaluate the financial viability of the proposed development teams and their proposed financing strategies, ability to maintain prices at proposed levels, and will assess comparatively the short and long range economic and fiscal return to the City. 4T Howard V. Gary City Manager Page 2 The evaluation criteria to be used by Touche Ross & Co. upon which the analyses would be based are: 1) Experience of the development team, including specific experience on similar projects. 2) Financial capability, level of financial commitment. 3) Financial return to the City. Upon completion of the report, Touche Ross & Co. would submit a copy of same to the Review Committee to assist it in performing its assessment and analysis of the proposals and a copy will be submitted to you for your consideration. As compensation for the services performed, Touche Ross & Co. will receive from the Southeast Overtown/Park West General Fund a fee not to exceed Thirty Thousand Dollars ($30,000). This fee will be based upon the number of hours required to complete the scope of services described in the Agreement. At present, the number of billable hours is indeterminable as it is contin- gent upon the number of proposals (yet to be received) to be evaluated by the firm. In addition to the fee, Touche Ross & Co.'s out of pocket expenses, subject to the approval of the Director of the South- east Overtown/Park West Redevelopment Project, will be billed to the City at cost. The term of this Agreement will be from the execution date until September 30, 1985, unless mutually extended. In view of the requirement that all proposals for unified development projects must be evaluated by a certified public accounting firm, it is hereby recommended that the City Commis- sion approve the attached resolution approving and authorizing the City Manager to enter into the professional services agree- ment with Touche Ross & Co, Certified Public Accountants to provide financial analyses of the proposals for the Southeast Overtown/Park West Redevelopment Project Phase I. LR/wpc/pb/166 PAP PROFESSIONAL SERVICES AGREEMENT This Agreement entered into as of the day of 1984, by and between the City of Miami, a municipal corporation of Dade County, Florida, hereinafter referred to as "CITY", and Touche Ross & Co., Certified Public Accountants, hereinafter referred to as "CONSULTANT." WITNESSETH: WHEREAS, the City of Miami Commission on July 31, 1984 approved a resolution authorizing the City Manager to issue a Request for Unified Development Project Proposals for the Southeast Overtown/Park West Redevelopment Project Phase I and appointed the Southeast Overtown/Park West Review Committee to evaluate proposals and provide a written report to the City Manager; and WHEREAS, Ordinance No. 95-72 and Section 53(c) of the City Charter require the City Commission to select a certified public accounting firm to analyze the proposals based on certain specific evaluation criteria and to render a written report of its findings to the City Manager; and WHEREAS, the City of Miami Commission selected Touch Ross a Co. as the first ranked certified public accounting firm to research the viability of the proposed development teams and their proposed financing strategies and to evaluate comparatively the short and long range return to the CITY; and WHEREAS, CITY desires CONSULTANT to (1) assist the Review Committee in performing its assessment and analysis of the proposals, and (2) conduct an independent analysis and assessment of the proposals with special attention paid to the financial and '. economic aspects of the submissions; and WHEREAS, CONSULTANT shall be paid on an hourly rate payment schedule, based on a projected staff schedule and rate structure with a maximum limit of $30#000 for professional services and out of pocket expenses to be billed to CITY at cost, with the firm L:FTTRPt submitting monthly invoices, subject to the approval of the Director of the Southeast Overtown/Park West Redevelopment Project, and providing a monthly accounting specifying the nature• extent, and purpose of each expenditure. NOW, THEREFORE, in consideration of the promises and the mutual covenants and obligation herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: I. TERM: r This Agreement shall commence upon execution by the City Manager and shall terminate September 30, 1985, unless mutually extended. Ii. a SCOPE OF SERVICES: Pursuant to the Request for Proposals for the Southeast Overtown/Park West Redevelopment Project Phase I the CONSUL- TANT's responsibilities are as follows: A. CONSULTANT shall specifically evaluate the financial viability of the proposed development teams and their proposed financing strategies, their ability to maintain prices at proposed levels, and Shall assess comparatively the short and long range economic and fiscal return to the CITY proffered in each proposal. B. CONSULTANT shall provide a financial analysis of submitted materials to the Review Committee. Said analyses shall include an assessment of the feasibility f and achievability of the proposals based on information supplied by the developers and general industry k standards for performance on similar projects. C. CONSULTANT shall prepare an independent report to be submitted to the City Manager to include an analysis of 4mmILIS3 DRAF? - the data and information submitted by the development teams based on the criteria indicated in the Request for Proposals. Specifically, CONSULTANT will consider the following criteria: (1) Experience of the development team, including specific experience on similar projects. (2) Financial capability, level of financial commit- ment. (3) Financial return to the CITY. D. CONSULTANT shall attend the oral presentations of the prospective developers scheduled by the Review Com- mittee. E. CONSULTANT shall complete its financial analysis of the proposals and submit same to the Review Committee, and City Manager within three (3) weeks after the specified due date for acceptance of said proposals. CITY agrees to forward copies of the proposals to CONSULTANT after receipt of same. F. CONSULTANT upon request of CITY, shall assist the CITY in the negotiations of the contract with the selected developers. G. CONSULTANT shall attend meetings with the City Manager and City Commission regarding the selection of developers. COMPENSATION: A. CITY shall pay CONSULTANT, as compensation for the services performed, a fee not to exceed $30,000, and . out of pocket expenses. 8. Out of pocket expenses, will be billed to CITY at cost. Reimbursement shall be limited to amounts allowable under Chapter 112.061, Florida Statutes and subject to the approval of the Director of the Southeast Over- -3w 84llsa �RaFr town/Parr West Redevelopment Project. C. The total hours estimated to complete the Scope of Services described in Section II above is contingent upon the number of proposals to be evaluated by CONSULTANT. However, it is estimated that the following utilization percentages will be applicable: Percentage Partners/Project Director 20 Managers 20 Financial Analysts 55 Clerical 5 Total 100 D. The hourly rate structure to be utilized during this engagement (effective through September 30, 1985) is as follows: Touche Ross & Co. Partners/Project Director $175-205/Hr. Managers 95-120/Hr. Financial Analysts 60-75/Hr. Clerical 20/Hr. E. CONSULTANT shall bill CITY on an hourly basis based on the above rate structure for work performed during the preceding month. CONSULTANT shall bill only for costs incurred. IV. OWNERSHIP OF DOCUMENTS: Q All writings, diagrams, tracings, charts, and schedules developed by CONSULTANT under this Agreement, shall be delivered to CITY by said CONSULTANT upon completion of the WORK and shall become the property of CITY, without restriction or limitation on their use. CONSULTANT agrees that all documents, records, and reports maintained and 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 ORAFT other matter whatsoever which is given by CITY to CONSULTANT 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. V. NON-DELEGAHILITY: It is understood and agreed that the obligation undertaken by CONSULTANT pursuant to this Agreement shall not be delegated to any other person or firm unless CITY shall first consent in writing to the performance of such service or any part thereof by another person or firm. VI. AUDIT RIGHTS: ft CITY reserves the right to audit the records of CONSULTANT with respect to this contract at any time upon reasonable notice during the performance of this Agreement and for a period of one year after final payment is made under this Agreement. VII. AWARD OF AGREEMENT: CONSULTANT warrants that he has not employed or retained any company or persons to solicit or secure this Agreement and that he has not offered to pay, paid, or agreed to pay any person or company any fee, commission percentage, brokerage fee, or gifts of any kind contingent upon or resulting from the award of making this Agreement. CONSTRUCTION OF AGREEMENT: The parties hereto agree that this Agreement shall be construed and enforced, according to the laws, statutes and case laws of the State of Florida. r5" { IX. CRAFT SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. X. INDEMNIFICATION: CONSULTANT shall indemnify and save CITY harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of CONSULTANT'S activities under this contract, including all other acts or omissions to act on the part of CONSULTANTS or any of them, including any person acting for or on his or their 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 and investigation thereof. XI. CONFLICT OF INTEREST: CONSULTANT covenants that no person under its employ who presently exercises any functions or responsibilities in connec- tion with the 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, must be disclosed in writing to CITY. CONSULTANT, in the performance of this Agree- ment, shall be subject to the more restrictive law and/or guidelines regarding conflict of interest promulgated by federal, state, or local government. 0RAFr ' • XII. INDEPENDENT CONTRACTOR: That CONSULTANT and its employees and agents shall be deemed 1 to be independent contractors, and not 'an agent or employee of CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinance of CITY, or any rights generally afforded classified or unclassified employees; further he/she shall not be deemed entitled to the Florida Worker's Compensation benefits as an employee of CITY. XIII. TERMINATION OF CONTRACT: CITY retains the right to terminate this Agreement at any time prior to the completion of the work without penalty to CITY. In that event, notice of termination of this Agreement shall be in writing to CONSULTANT who shall be paid for all work performed prior to the date of his receipt of the notice of termination. Basis for payment shall be as set out. 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 the CITY and CONSUL- TANT 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 in no way be obligated and shall not pay to CONSULTANT any sum whatsoever. XIV. AMENDMENTS The parties may amend this Agreement to conform with changes in applicable City, County, State and Federal laws, directives guidelines or objectives. No amendments to this Agreement shal]- be binding on either party unless in writing and signed by both parties. Such amendments shall be incorporated as a part of this ",g0M I)RA,gr INDEPENDENT CONTRACTORI That CONSULTANT and its employees and agents shall be deemed to be independent contractors, and not 'an agent or employee of CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinance of CITY, or any rights generally afforded classified or unclassified employees; further he/she shall not be deemed entitled to the Florida Worker's Compensation benefits as an employee of CITY. XIII. TERMINATION OF CONTRACT: CITY retains the right to terminate this Agreement at any time prior to the completion of the work without penalty to CITY. In that event, notice of termination of this Agreement shall be in writing to CONSULTANT who shall be paid for all work performed prior to the date of his receipt of the notice of termination. Basis for payment shall be as set out. 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 the CITY and CONSUL- TANT that any payment made in accordance with this Section to CONSULTANT shall be made only it 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. XIV. AMENDMENTS The parties may amend this Agreement to conform with changes in applicable City, County, State and Federal laws, directives guidelines or objectives. No amendments to this Agreement shall;. be binding on either party unless in writing and signed by both parties. Such amendments shall be incorporated as a part of this w7­ hbA Agreement upon review, approval and execution by the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by the respective officials thereunto duly authorized, this the day and year first above written, TOUCHE ROSS a CO. WITNESSES: ATTEST: RALPH G. ONGIE City Clerk By Partner CITY OF MIAMI, a municipal Corporation of the State of Florida t By HOWARD V. GARY City Manager APPROVED AS TO FORM AND CORRECTNESS% LUCIA A. DOUGHERTY City Attorney RNS/pb/011 '1 •8� ' •' - ... say?.