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Home My WebLink AboutR-82-0242• C RESOLUTION N0. 8 22 4 2 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO WITH THE CONSULTANT FIRM OF RICCI & ASSOCIATIES, INC. TO PROVIDE PROFESSIONAL TECHNICAL SERVICES IN THE PLANNING, DESIGN, AND FINANCING OF LARGE SCALE ECONOMIC DEVELOPMENT PROJECTS AT A COST NOT TO EXCEED $249000, WITH FUNDS THEREFOR ALLOCATED FROM 7TH YEAR COMMUNITY DEVELOPMENT FUNDS. WHEREAS, the development and funding of large scale economic development projects is important to the economic health of the City of Miami; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute an agreement, in substantially the form attached hereto, with the consultant firm of Ricci & Associates, Inc. to provide professional technical services in the planning, design, and financing of large scale economic development projects at a cost not to exceed $24,000 with funds therefor hereby allocated from 7th Year Community Development funds. PASSED AND ADOPTED this 11 day of MAURICE A. FERRE M A Y O R ATTEST: RALP G. ONGIE, CITY CLE APPROVED AS TO FORM AND CORRECTNESS: GEORGE F. KNOX, JR., CITY ATTORNEY MARCH , 1982. CITY COMMISSION MEETING OF MAR 1 1 1982 82.2� I111m ►a ...................... CITY (-);7 .!lA!.'I. 'mTER-OFMICE P/ h'viCi?A vial it T. Howard V. Gary March 9, 1982 E City Manager - Item #35 - Citv Commission Agenda of March 11, 1982 /"t4lz / , �aa George F. Knox, Jr. City Attorney Ricci & Associates Agreement The resolution authorizing the above -referenced agreement incorrectly reflected the amount of compensation as $25,000 instead of $24,000. In addition, on page 2 of the attached agreement under Section III. COMPENSATION, subparagraph B, the period of payment for compensation was for 24 months instead of 12 months. The original resolution has been corrected and page 2 of the contract has been revised to reflect a time period of 12 months. GFK/RFC/rr cc: Honorable Members of the City Commission Jim Reid, Assistant City Manager 82-242 I CITY OF MIAMI PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into this day of , 1982, between THE CITY OF MIAMI, hereinafter called THE CITY, a municipal corpor- ation of the State of Florida and RICCI & ASSOCIATES, INC. hereinafter called THE CONSULTANT. WITNESSETH WHEREAS, THE CITY OF MIAMI, FLORIDA requires professional advisory services for the coordination, development and supervision of economic development projects; and WHEREAS, the creation of new job opportunities in the private sector for - THE CITY'S unemployed is of paramount importance to its economic well being; and WHEREAS, THE CITY is committed to combatting community deterioration by promoting and fostering the economic development of the City of Miami; and k WHEREAS, opportunities for the linking of public grant and loan funds with private sector investments exist, but need specialized expertise; NOW, THEREFORE, THE CITY AND CONSULTANT agree as follows: I. TERM This agreement shall cover the period of March 1, 1982 through February 28, 1983. II. BASIC SERVICES A. THE CONSULTANT shall provide the following professional services as a part of this agreement: 1. Analyze and explore potential Federal funding sources for economic development projects in various target i neighborhoods that complement major community develop- ment programs underway in THE CITY. 2. Recommend specific methods of linking feasible develop- ment projects benefiting low income and employment areas of THE CITY to: - Ongoing major community development efforts. - Viable Federal funding programs. 82 - 242 : Page 2 Alk 3. Determine, recommend and manage preparation of specific development proposals/applica- tions specific with THE CITY'S development objectives and purpose and based on the conclusions reached in (1) and (2) above.. 4. Manage and oversee the submission and pro- cessing of applications/proposals to Federal funding sources prepared to further target area development. 5. Prepare mid-term, final and status reports as needed to THE CITY detailing the status and disposition of principal tasks required under the form of this agreement. III. COMPENSATION A. THE CITY shall pay THE CONSULTANT, as compensation for the services specified in Paragraph II, hereof, an amount not to exceed $24,000. B. THE CONSULTANT shall be reimbursed by THE CITY for the services specified in Paragraph II, hereof, in the following manner: - $2,000 per month for 12 months. C. THE CITY reserves the right to deny any request for compensation or part thereof upon determination that the professional services performed by THE CONSULTANT were insufficient to justify the compensation. IV. TERMINATION OF CONTRACT THE CITY retains the right to ►.,,;nate this agreement at any time prior to the completion of the work without penalty to THE CITY. In that event, notice of 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. In no case, however, will THE CITY pay THE CONSUL- TANT an amount in excess of the total sum provided by this agreement. 82 - 242 page 3 V. AWARD OF AGREEMENT THE 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 persons or company any fee, commission, percentage, brokerage fee, or gifts of any kind contingent upon or resulting from the award of making this agreement. THE CONSULTANT is aware of the conflict of interest laws of the City of Miami (Miami City Code Chapter 2, Article V), Dade County, Florida (Dade County Code, Section 2011.1) and the Florida Statutes and agrees that he will fully comply in all respects with the terms of said laws. VI. NON-DELEGABILITY It is understood and agreed that the obligations undertaken by THE CONSULTANT pursuant to this agreement shall not be delegated to any other per- son 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. VII. 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. VIII. AUDIT RIGHTS THE CITY reserves the right to audit the records of THE 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. INDEMNIFICATION THE 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 THE CONSULTANT'S activities under this contract, including all other acts or omissions to act on the part of THE CONSULTANT or any of them, including any person acting for or on his or their behalf. X. CONFLICT OF INTEREST THE CONSULTANT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this agreement has any personal financial interests, direct or indirect, in 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. 82-242 �q Page 4 XI INDEPENDENT CONTRACTOR That THE CONSULTANT and his employees and agents shall be deemed to be an independent contractor and not an agent or employee of THE CITY and shall not attain any rights or benefits under the Civil Service or Pension Ordinance of THE CITY, or any rights generally afforded, classified or unclassified employees; further, he/she shall not be deemed entitled to Florida Worker's Compensation benefits as an employee of THE CITY. 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. ATTEST: Secretary ATTEST:, RICCI & ASSOCIATES, INC. By: President (Corporate Seal) CITY OF MIAMI, a Municipal Corporation of the State of Florida By: City Clerk Howard V. Cary City Manager APPROVED AS TO FORM AND CORRECTNESS: ueor t- . Knox, J r .. City ttorney 82-242