HomeMy WebLinkAboutR-84-0189J=84-20 0
I
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE A CONTRACT, IN
SUBSTANTIALLY THE FORM ATTACHED, WITH
ZUCH=I, HUNTER & ASSOCIATES TO PROVIDE
TECHNICAL SERVICES TO THE CITY OF MIAMI
IN THE AREA OF URBAN DEVELOPMENT ACTION
GRANT CONSULTING SERVICES IN THE AMOUNT
OF UP TO $30,000►00, ALLOCATING SAID AMOUNT
FROM THE FEbERAL COMMUNITY DEVELOPMENT
BLOCK GRANT FUND TO COVER THE CONTRACT
COST.
WHEREAS, the City of Miami is intensifying efforts to
obtain Urban Development Action Grants from the United States
Department of Housing & Urban Development; and
WHEREAS, the application process for Urban Development
Action Grants is a complex, lengthy process; and
WHEREAS, technical assistance is necessary to aid staff
to generate proposals, evaluate proposals, negotiate terms
and complete the application process; and
WHEREAS, the firm of Zuchelli, Hunter & Associates spe-
cializes in Urban Development Action Grant technical services;
and
WHEREAS, the aforementioned firm is knowledgeable re-
garding the Urban Development Action Grant process at federal
and local levels; and
WHEREAS, said firm has worked with the City previously
and is familiar with the Urban Development Action Grant appli-
cation procedure in Miami;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
negotiate and execute a contract, in substantially the form
attached, with Zuchelli, Hunter & Associates, Inc. in the
amount of up to $30,000.00.
Section 2. The amount of up to $30f000.00 is hereby
allocated from fed.er4l Community Development Bloch Grant Funds
to cover the QQet of said contract. CITY co ISSION
TT OF
UP 9 1
PASSED AND ADOPTED this 9th day of February
19846
_ ___Maurice_ A, _Perre ..
MAURICE FERRE, Mayor
ATTEST:
l
c./
fiPH G. ONGIE
ity Clerk
PREPARED AND APPROVED 8Y:
VI RELLO
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
It
E GARCIA-PEDROSA
y Attorney
33 ' GIT'/ QF' iVIIAMI; 1='l:ClRIOA
r� Howard V. Gary
City Manager
iNTti#=OFirkdE McMORANOUM
oAre: January 10, 1984 FILE:
suejsc-. Contract with Zuchelli, Bunter
f, + and Associates, Inc.
Kt
F; Dena Spillman
REFERENCES: City Commission Agenda
Director January 19, 1984
Department of Community Development ENCLOSURES
It is recommended that the City
Commission approve the attached
resolution, authorizing the City
Manager to negotiate and execute
a contract with Zuchelli, Hunter
& Associates, Inc. in the amount
of up to $30,000 to provide tech-
nical services to the City in
relation to obtaining Urban Devel-
opment Action Grants for the City.
The City of Miami has intensified efforts to obtain Urban Development
Action Grant (UDAG) funds from the United States Department of
Housing & Urban Development. As a part of the effort to submit
applications which are fundable by the federal government in a
timely manner it has been necessary that the work of City staff
be supplemented by specialized technical assistance in the areas
of generating and evaluating proposals, negotiating terms with
developers and completing the application process.
As a result of the effort expended on the part of City staff, with
the valuable assistance of Zuchelli, Hunter & Associates, Inc.
several feasible UDAG proposals have been received from private
developers. These proposals will be presented to the City
Commission at the meeting of January 19, 1984.
If all the presently feasible applications are funded, approximately
$13,657,500 will be received by the City to initially loan to devel-
opers to implement the projects which have a total combined devel-
pment cost of $68,080,885. The loans to the developers will be
more than recouped as they are paid back to the City with interest
to be utilized for other Community Development eligible projects,
the total return to the City is expected to be $38,867,858.
Zuchelli, Hunter & Associates, Inc,
January 9, 1984
Page 2
The firm of Zuchelli, Hunter and Associates, Inc, is very experienced
in the field of UDAG proposals, applications and procedures. The
firm has recently completed a contract with the City for under $4500
in which they assisted City staff to evaluate UDAG proposals and
oversee the application process. Their work has been extremely
valuable to staff in this intense UDAG effort. At this time they
are the most knowledgeable consulting group in regard to the
specific proposals under consideration by the City. Prior to their
employment as consultant on their previous contract, staff met with
other consultants, but they were not found to be as qualified as
Zuchelli, Hunter & associates, Inc. If another consulting firm
were to be brought in at this stage, valuable time would have to
be spent familiarizing them with the applications under review,
resulting in a loss to the City of both time and money.
Funds to pay the Consultant in the amount of up to $30,000 will be
made available from the Community Development Block Grant, which
will be repaid from the administrative fee received from the
developer when an application is funded. The Consultant will be
paid on a per diem basis as services are performed and billing
will be supported by appropriate documentation. This contract
is retroactive to January 3, 1984, as consultant services under
the original contract were exceeded in the urgency to prepare
applications for submittal by January 31, 1984, deadline for the
current round.
Under the authority of Section 18-52.2(a)(2)(ii) of the Miami
City Code, professional services contracts for under $50,000 are
exempt from the requirement of competitive negotiations. The
City Manager may select a consultant and recommend same to the
City Commission for approval. Because of the circumstances
presented above, it is urged that the firm of Zuchelli, Hunter
& Associates, Inc, be awarded the professional services contract
to provide UDAG consulting services.
Expeditious approval of the contract is recommended in order that
the services necessary may be obtained to follow through with the
current round of UDAG funding.
DS/mc
Attachment
-4,
aGREEi�Et��
This agreementj entered into by and between the City of Miami.
plorida, Department of Coftaunity Development and 2uehailie# Hunter
& associates, fne. this- 0 _day of, fltia t _ .1094, to
provide the City of Miami with technical assistance in connection
with the development of Urban Development Action Grant applications.
NOWt mAHER8VOREt the City of Miami and 2uchelli, Hunter & associates+
Inc. do mutually agree as follows:
I. Definitions
City - City of Miami
CCD - Department of Corritunity Development
2I?A Zuchelli, Hunter & Associates, Inc.
Consultant - Zuchelli, Hunter & Associates, Inc.
UDAG - Urban Development Action Grant
HUD - United States Department.Df Housing and
Urban Development
II. Scope of Services
Upon request of the City, ZHA shall provide either actual UDAG
application preparation or assistance to the City with application
preparation. The determination of the extent of the technical
assistance will be at the discretion of the DCD, and will be
dependent upon the experience and sophistication of the developer.
ZHA shall also provide, upon the request of DCD, technical assistance
with implementation of approved Urban Development Action Grants.
Technical assistance includes, but is not limited to; development
of pro forma cash flow statements, preparation of other financial
information, and negotiations with the private developers and/or
with HUD if necessary.
III. Maximum Compensation
For the services provided under Section 11 of the agreement, it is
understood and agreed that the City will pay ZHA an amount not to
exceed $30,000.00, It is understood that this amount would include
.
the totals for all charges; per diem, travel., printing, etc. per
hour charges shall be in accord with the rates shown in Exhibit 1.
Any funds not billed will.revert to the Department of Community
Development,
i Ntetric d. r ,. p_G Iehot
2RA shall present. detailed invoices to the Ddbi along with backup
documentation for any travel expenses claimed. The Wb will review
these 14nv6ieeg and if the invoices are found to be in orders will
approve them for papant.
v. Time_ gf,_pe�rf.di-mance
This agreement shall be deemed effective as of ,an ary � , 1584•
Services under this agreement shah be completed within one year of
the effective date. Extension Of the time Of performance may be
achieved through mutual agreement in writing by both parties,
i1I -,errnination_of Contract
The City retains the right to terminate this agreement at any time
prior to the completion of the Work without penalty to the City.
In that event, termination of this agreement shall be in writing to
the 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 Section III - Maximum Compensation
above.
n
In no case, however, will the City pay the Consultant an amount in
excess of the total sum provided by this agreement.
It is 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 under the
terms of this agreement, then the City shall in no way be obligated
and shall not pay to the Consultant any sum whatsoever.
VII. Ownership of Documents
All writings, diagrams, tracing, charts and schedules developed by
Consultant under this agreement, shall be delivered to the City by
said Consultant upon completion of the Work and shall become the
property of the City, without restriction or limitation on their use.
Consultant agrees that all documents, records and reporta7maintained
and generated pursuant to this contractual relationship between the
City and Consultant shall be subject to all the provisions of the
Public Records Law, Chapter 119r Florida Statutes,
�zw
s
It is further understooa by and between the parties that any infot=
coati h # Maps # eontraot d6dUMdhts # repents of any other M&ttet whatso"'
ever whieh .a given by the City to the Cansultant Pursuant to this
14
agreement shah at all tj_m6a remain the property of the City and
shall not be used by the Consultant for Any other putposes whatsoever
without the written consent of the city,
Vll�. Award of .._Agreement
The Consultants warrant that they have not employed or retained any
company or persons to solicit or secure this agreement and that they
have-not offered to pay, paid# or agreed to pay any person or company
any fee, commitsion, percentage, brokerage fee, or gifts of any kind
contingent upon or resulting from the award of taking this agreement.
The Consultants are aware of the conflict of interest laws of the
City of Miami (Miami City Code Chapter 2, Article V) and Dade County,'
Florida (Dade County Code# Section 2-11.13 and agree that they will
fully comply in all respects with the terms of said laws.
IX. Non-Delegability
It is understood and agreed that the obligations undertakgn by the
Consultant pursuant to this agreement shall not be delegated to any
other person or firm unless the City shall first consent in writing
to the performance of such services or any part thereof by another
person or firm.
X. Successors and Assigns
This agreement shall be binding upon the parties herein, their
heirs, executors, legal representatives, successors, and assigns.
XI. Audit Rights
The City reserves the right to audit the records of the Consultants
at any time during the performance of this agreement'and for a
period of one year after final payment is made under this agreement.
XII, Indemnification
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 Consultant's activities under this
contract, including all other. acts or. omissions to act of Consultant,
its officers or employees, and from and against any orders, judgments
or decrees which may he entered and from and against all coasts and
Attoarney's fads, expenses and liabilities incurred in the defense
:mil Y 'W9W
of ahy such dldift i of the investigation thefedf •
Xlll :f_tthterest
The Con§ultant oovenant that no person under its employ who presently
exercises any functions or fesponaibilities in connection with
Community bovelopunent funded activities has any personal financial
interest, direct of indirect, in this agreements The Consultant
further covenant that, in the performance of this agreement, nO
person having such Conflicting interest shall be employed. Any
such interest on the part of the Consultant or its employees# must
be disclosed in writing to the City. The Consultant, in the perfor=
mane 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. Assurance and Certifications
No person in the United States shall, on'the grounds of race, color,
creed, national origin, sex, marital status, or physical handicap,
be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or activity
for which the Consultant receive funds under this agreement, and it
will immediately take,measures necessary to correct any such discrimi-
nation and to ensure that such discrimination cannot occur in the
future. The Consultant will establish safeguards to prohibit employees
from using their positions for a purpose that is, or gives the
appearance of being, motivated by desire for private gain for them-
selves or others, particularly those with whom they have family,
business or other ties.
Consultant will comply with the mousing and Community Development
Act of 1977 and all regulations promulgated in respect to it.
The Consultant warrants that he will comply in accordance with the
Housing and Community Development Act of 1974, Section 109, with
Title VI of the Civil Rights Act of 1974, Title VIII of the Civil.
Rights Act of 1968s Executive Orders 11246 and 1146 And Section 3
of the Housing and Urban Development Act of 1968, Section 570.303
(3) (1)
The Consultant warrants that he will comply with the provisions of
the Hatch Act se Kneaded January i, 1998, which limits the political
Activities of cap-loyees ,
wow
Xv.
the Parties hetdt6 agree that this agreement shall be e6hgtrudd
and oftfafeed awarding ta the lawa, Statutes and case laws of the
State 6f P16rida.
"Ps'"
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toUA-L tmptoymtNT OPPORTUNITY C1�08t
Volt CoN. TPAcTSNOT_ SU93tCT To _F=CUTIVt OAbER11246
In carrying out the contract, the Contractor shall not discriminate
against any employee or applicant for employment because of race,
color, religion, sex, or national Origin. The contractor shall
take affirmative action to insure that applicants for employment
are employed, and that employees are treated during employment,
without regard to their race, color, religion, sex, or national
origin. Such action shall include, but not limited to, the following:
employment, upgrading, demotion, or transfer; recruitment'advertising;
layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The
contractor shall post in conspicuous places, available to'employees
and applicants for employment, notices to be provided by the
Government setting forth the provisions of this non-discrimination
clause. The contractor shall state that all qualified candidates
will receive consideration for employment without regard to race,
color, religion, sex, or national origin.
0
St(NAT69tta
to witfidoa where6fj the City 6f MiAbi and 2uehellio Hunter
Agadel es, ine, have.gntertd into this agreement as of this
clay of OL 19 a 4
CITY OV MIA-41
Howard V. Gary
City Manager
AT TZS T:
z
By .
ATTEST:
HUNTER AS80CIATES, INC.
Ralph G. ongle .,;--,Secretary,
City clerk
APPROVED AS TO FORM AND CORRECTNESS:
Jose R. Garcia -Pedrosa
City Attorney
0
Exhibit I
ZUMUI HUNTM & ASSOCIATM-_INC..
Hotirly Bi llifig _Rates
,CATEGORY PATE PER HOUR
Principal of Firm $ 115 - 135
Senior Associate 80 - 115
Associate 50 - 80
Technical 20 - 40
clerical 20 - 40
0
0
2uchel11', Hunter Assodiates# the.
has submitted a bid on consulting_ YyiCas. to__as-s.is.ta rith.-_ iD�, _ rco a is
and the City has accepted such bide-
W-AEr=.SS* the Board of Directors o ___,_ZuChelli,. Hui t_er_.&_.Associates Inc.
has examined terms; conditions, and obligatiohs of
the proposed contract with the City of Miami for _. _Said oonsultinQ._
services.--__ _.____.. _.._:
"'t#EREP,S, the Board of Directors at a duly held corporate nbeting
have considered the matter in accordance with the by-laws of the
corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTOR OF
yuchelli, Hunter & Associates, Inc. ,that the president and
secretary are hereby authorized and instructed to enter into a contract
in the name of, and on behalf of this corporation, with the City of
Miami for consulting services , 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 3rd day of January
YITNESS
, 1984
BOARD OF DIRECTORS