HomeMy WebLinkAboutR-84-0651RESOLUT ION NO.4'i5.__..
A RESOLUTION AUTHORIZING, BY AN AFFIRMATIVE
TWO-THIRDS VOTE OF THE MEMBERS OF THE CITY
COMMISSION, AFTER A DULY ADVERTISED PUBLIC
HEARING, AN INCREASE IN THE CONTRACT AMOUNT
NOT TO EXCEED $459000 IN THE CONTRACT BETWEEN
THE CITY OF MIAMI AND EVENSEN-DODGE, INC.,
DATED MAY 19 19819 FOR PROVIDING HOUSING
FINANCIAL ADVISORY SERVICES IN AFFORDABLE
RENTAL HOUSING DEVELOPMENT PROGRAM; SAID
FUNDS TO BE PROVIDED ENTIRELY FROM THE
GENERAL OBLIGATION HOUSING BOND FUND;
FURTHER, RATIFYING THE CITY MANAGER'S
WRITTEN FINDING, SUPPORTED BY REASONS, THAT
ONLY ONE REASONABLE SOURCE OF SUPPLY EXISTS.
WHEREAS, there exists a contract dated May 1, 1981 between
the City of Miami and Evensen-Dodge, Inc. in the amount of
$30,000 for providing housing financial advisory services in
connection with the City of Miami Affordable Rental Housing
Development Program; and
WHEREAS, the contract was increased in the amount of $30,000
by Resolution No. 82-37 dated January 149 1982; and
WHEREAS, the City Manager has acknowledged that the firm of
Evensen-Dodge, Inc. has provided housing financial advisory and
technical services to the City of Miami with respect to the
Affordable Rental Housing Development Program since its
inception; and
WHEREAS, the City of Miami's contractual agreement with the
above -mentioned firm has expired and there exists a need for
additional professional services by the City; and
WHEREAS, this anticipated additional professional services
needed by the City for the Affordable Rental Housing Development
Program will cost up to $45,000 and will require an increase in
the contract amount; and
WHEREAS, the City Manager has made a written finding
supported by reasons, that only one reasonable source of supply
CITY COMMISSION
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NOW, THEREFORE, HE IT RESOLVED BY THE COMMISSION OF THE EIiY y
DE MIAMI, FLORIDA:
Section 1.. After a properly
advertised public hearing,
the written finding of the City Manager set forth in the preamble
to this Resolution is hereby ratified by an affirmative vote by
of the City Commission and adopted as ti
i two-thirds of the members -
' if fully set forth in this Section.
Section 2.
The contract between the City of Miami and
Evensen-Dodge, Inc., dated May 1, 1981, for providing housing K
Financial advisory services in connection with the City of Miami
Affordable Rental Housing Development Program is hereby increased
by an amount not to exceed $459000 with funds allocated from the
General Obligation Housing Bond Fund.
PASSED AND ADOPTED this 1_ 4th_ day of June
, 1984.
' ATTEST:
_i
i
ity Clerk
PREPARED AND APPROVED BY:
'lf
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
GMM/wpc/ga/274
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Maurice A. Ferre
Mayor
84-651L
WY OF MIAMI, FLORIDA
JW(tIR4W1P1CK- MSMORANOUM
to Howard V. Gary bAft March 219 1984 ni fic, v
City Manager r
suwacT. Professional service contract
�w Evensen-Dodge, Inc.
MROM: Dena Spillman, Director RK"R[Necst City Commission Agenda Item
Department of Community Development April 5, 1984
It is recommended that the City
Commission, by an affirmative vote of
two-thirds (2/3rds) of its members,
after a duly advertised public hearing
authorize an increase in the contract
amount not to exceed $45,000 in the
contract between the City of Miami and
Evensen-Dodge, Inc., dated May 1, 19819
for the purpose of providing housing
financial advisory services in
connection with the City of Miami
Affordable Rental Housing Development
Program; said funds to be provided
entirely from the General Obligation
Housing Bond Fund; further ratifying the
City Manager's written finding that the
herein increase resulted from emergency
circumstances, and adopting the findings
and conclusions set forth in the preamble
of this Resolution.
In May, 1981, the City executed a contract with Evensen-Dodge,
Inc. for the purpose of providing housing financial advisory
services in connection with the City of Miami Affordable Rental
Housing Development program. The contract was for a one year
period with compensation not to exceed $30,000. .
By Resolution No. 82-37, the City's contract with Evensen-Dodge,
Inc. was amended to provide for an additional $30,000.
Our contract with Evensen-Dodge has expired and there remains a
substantial amount of technical and professional services required
in order to move the program forward.
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It is critical that the
program move forward due to several
factors, including the uncertainty of the financial bond -markets
and proposed congressional
amendment changes which would rohibit
use of mortgage revenue bond proceeds in the financing of rental
housing developments.
Due to the urgency to retain the City's current housing consultant,
staff has determined that
it is not practicable for the City to
use its standard competitive
bidding procurement requirements.
Through this memorandum, it
is requested that a public hearing be
scheduled before the City Commission on April 5, 1984.
Commission approval of this
item is recommended.
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84-651. .
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CrrV CW MIAM I, FLORIDA
IN'TUR-dI'RICS MRMORANDUM
ro, Howard V.. Gary
City Mawger
nam. Dena Spillman, Director
Department of Community Development
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DAM April 30 t 1984
*UWKCT, Professional Service Contract
Evensen-Dodge, Inc.
MWERMC[ft City Commission Agenda Item
May 10, 1984
[NCIOSUR[!c
It is recommended that the City
Commission, by an affirmative vote
of two-thirds of its members after
a duly advertised public hearing,
authorize an increase not to exceed
$45,000 in the contract between the
City of Miami and Evensen-Dodge, Inc.,
dated May 1, 1981, for the purpose
of providing housing financial
advisory services for the City of
Miami Affordable Rental Housing
Development Program; said funds to be
provided entirely from the General
Obligation Housing Bond Fund; further
ratifying the City Manager's written
finding that only one reasonable
source of supply exists for these
services.
In May, 1981, the City executed a contract with Evensen-Dodge,
Inc. for the purpose of providing housing financial advisory
services in connection with the City of Miami Affordable Rental
Housing Development program. The contract was for a one year
period with compensation not to exceed $30,000.
The contract with Evensen-Dodge, Inc. has expired and there
remains a substantial amount of technical and professional
services required in order to implement the program.
It is important that the program be expedited. The current
uncertainty of the financial bond market and proposed
congressional amendment changes may mitigate use of mortgage
revenue bond proceeds to finance the rental housing development.
84-651 .
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It Is requested that a public hearing be scheduled before r'Lrl
City Commission on May 10, 1984.
Commission approval of this item is recommended.
The above findings are hereby adopted.
Howard Gary
City Manager
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PROMMONAL _SERVICES ACREEMENT01
This Agreement entered into as of the day of
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',. , 19840 by and between the City of Miami, a municipal
corporation of Dade County, Florida, hereinafter referred to tis
"CITY", and EVENSEN-DODGE, INC. hereinafter referred to as
"CONSULTANT". �-
WITNESSETH:
WHEREAS, in May, 1981, the City executed a Contract with
Evensen-Dodge, Inc. for the purpose of providing housing
financial advisory services in connection with the City of Miami
Affordable Rental Housing Development Program; and
WHEREAS, the contract with Evensen-Dodge, Inc. has expired
and there remains a substantial amount of technical and
professional services required to move the program forward; and
WHEREAS, it is critical that the program move forward due
to several factors, including the uncertainty of the financial
bond markets and proposed congressional amendment changes which
would prohibit use of mortgage revenue bond proceeds in the
financing of rental housing developments; and
WHEREAS, this action further ratifies the City Manager's
written finding that only one reasonable source of supply exists
for these services.
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:
DEFINITIONS:
City City of Miami
DCD Department of Community Development
Consultant EVENSEN-DODGE, INC.
84-651 .
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TERM:
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This Agfeement shall
commence upon execution by the Cfty
Manager for the term'of one
(1) year.
III.
i
SCOPE OF SERVICES:
A. CONSULTANT will provide the following services:
A. Provide continuous. advice to the DCD staff on all
matters of public finance.
B. Assist the DCD staff in developing and reviewing
programs to provide residents of the City of Miami
with affordable housing (both rental and ownership).
C. Regarding the Affordable Rental' Housing Development
Program:
1. Meet with developers and lenders to explain the
Program and answer questions they may have.
2. Assist the City reviewing developer proposals.
3. Consult with Bond Counsel and Underwriters Counsel
in the development of the General and Series Bond
Resolutions, and related documents of the program.
4. Assist in the preparation and distribution of.the
"Official Statement".
5. Keep the City advised -as to its responsibilities
and potential exposure resulting from tho
transaction. Review all program documents from the
City's perspective.
6. Assist the City in presenting information to the
rating agencies.
7. Research methods of improving program security and
strengthening marketability.
8. Advise on the terms and conditions of each sale,
maturity schedule, covenants, redemptive
provisions, reserve funds, parity provisions,
discount, coupon rates, etc.
9. Determine the condition of bond market, volume,
timing considerations, related offerings and
competing offerings as they all relate to the
City's financing needs.
10. Advise the City as to the reasonableness of fees
and expenses proposed in conjunction with the
program being financed and provide comparative data
to assist the Agency in negotiating interest rates
and underwriter discount at the time of sale.
11. Analyze the results of sale to determine the
relative performance of the Managers and other
underwriting firms in the syndicate.
84-65 1 .
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IV• ,t
h' OMRNSATION:
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A. CITY .shall pay CONgULTANTj as compensation for the
services required pursuant to Paragraph III hereof" x.
based on an hourly rate of $80/hour for senior officers
of the firm, $60/hour for professional staff and
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$25/hour for administrative personnel plus actual
i out-of-pocket expenses for travel, food and lodging.
B. Such fee shall be paid upon submission by the CONSULTANT
of monthly billings; such billings shall be paid within
45 days of submission. The CITY shall have the right to
review and audit the time records and related records
of the CONSULTANT pertaining to any such billings.
C. The CONSULTANT and the CITY hereby agree that the
maximum amount payable under this Agreement shall not
exceed $45,000.
V.
COMPLIANCE WITH FEDERAL, STATE AND -LOCAL LAWS:
Both parties shall comply with all applicable laws,
ordinance and codes of Federal, State and Local Governments.
VI.
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 or by telegraph addressed to the other
party at the address indicated herein or as the same
may be 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
3500 Pan American Drive
Miami, Florida 33133
CONSULTANT
Evensen-Dodge, Inc.
3608 IDS Tower
80 South 8th Street
Minneapolis, Minnesota
B. Title and paragraph headings are for conv ftiOt `w
reference and are not a part of this Agreement,,
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�. In. the event of conflict between the terms of this
Agreement and any terms or conditions contained in
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
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- the same or any other provision hereof, and no waiver
shall be effective unless made in writing.
VII.
OWNERSHIP OF DOCUMENTS:
i
All writings,- diagrams, tracing, chart, 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 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.
VIII.
NON-DELECABILITY:
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.
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€ AUDIT;
'C`'Yeaerves the right to audit the 'records of CONSUL'fN'
a ` sip ► `fine during the performance of this Agreement and fd5r aNA
per'iodof one year after final payment is made under' this
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Agreement.
I
,, X.
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.
0 XI.
CONSTRUCTION OF AGREEMENT:
The parties hereto agree that this Agreement shall he
construed and enforced, according to the laws, statutes and case
laws of the State of Florida.
XII.
SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors, and
assigns.
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, and
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1figtTAt` thvesti�s that
es,ntly exeYtiseg sny
functions
nr r�a�oitstilti�.> } i+
A reement has any personalinancfal
14ith the $ 3
- c�hfredtioh p
with CITY. CONSULTANT iutithet�
direct or indirect, no person
interests, Agreement
erformance of this
covenants that, in the p such
interest shall be employed. Any
having such conflicting must be
n the part of CONSULTANT or its employees,of
interests o in the performance
disclosed in writing to CITY. CONSULTANT,
shall be subject to the more restrictive taw
this Agreement, promulgated by
= an
d/or guidelines regarding conflict of interest
federal, state, or local government.
XV .
INDEPENDENT CONTRACTOR: ees and agents shall be
That CONSULTANTS and its employ agent or
� independent contractor, and not an
deemed to be an indep rights or benefits
employee of CITY, and shall not attain any
CITY,
or ��n,�
under th
e Civil Service or Pension Ordinance of
afforded classified
righ is g
enerally aor unclassified employees*,lorida
further
he/she shall not be deemed entitled to the
as an employee of CITY.
Worke
rs' Compensation benefits
XVI.
TERMINATION OF CONTRACT: reement at any
CITY retains the right to terminate this Ag
riot to the completion of the WORK without penalty t()
time p Agreement
In that event, notice of termination of this Ag WORK
- CITY• aid for all
shall be in writing to CONSULTANT who shall be p
performed prior
to the date of his receipt of the notice of
In no case, however, will CITY pay CONSULTANT an
termination. this Agreement.
amount in excess of the total sum provided by
It is hereby
understood by and between the CITY and
CONSULTANT
that any payment made in accordance with this Section
NT shall be made only if said CONSULTANT is not in
to CONSULTA reement. If CONSULTANT is in
Ltet;liilt under the terms of this Ag be obligated and shall not
410f;1ult, then' CITY shall in no way
to CONSULTANT any sum whatsoever.
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1V�N��tSC�tMfNATtON:
t.
The CONSULTANT agrees that there shall b+� �18 discrtrnit��+ticn
ss to`race, sex, color, creed or national origin in connection
with any operations under this Agreement.
Vitt.
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.
XVIIII.
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, may upon written notice to the
CONSULTANT and without further notice or demand to the CONSULTANT
may cancel and terminate this Agreement, and all 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 may amend this Agreement to conform with changes
1
i 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
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 thereuntt')
duly authorized, this the day and year first above written.
By
By
(Corporate Seal)
CITY OF MIAMIIs a
municipal
ATTEST: Corporation of the
of Florida
By
City Manager
City Clerk
APPROVED AS TO FORM AND CORRECTNESS:
City Attorney
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