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HomeMy WebLinkAboutR-79-0125r • RESOLUTION NO. 7 9- 1 2 5 A RESOLUTION RATIFYING AND APPROVING A CONTRACTUAL SU �IICEMENT NEGOTIATED AND EXECUTED BY THE CITY « 3 g 1 GER WITH MARISCAL & COMPANY FOR THE PURPOSE �CU i v `ENI EOLOPM ENTNDEMONSTRATIONPROJEC T. COMMUNITY ECONOMIC DV „ FOLLOW WHEREAS, the City of Miami has applied for and received approval of its grant application to the U. S. Community Services Administration for a $30,000 matching -grant to implement a Commu- nity Economic Development Demonstration Project; and WHEREAS, the City of Miami Community Economic Develop- ment Demonstration Project will involve planning, design, and de- velopment of a Financial Assistance Program and the implementation of a study to assess the feasibility of creating a development organization to encourage economic development projects within the City by securing a greater utilization and coordination of existing and anticipated private, City, County, State, and Federal program resources; and WHEREAS, the City Commission on October 24, 1978 approved Resolution No. 78-665, accepting the offer of a matching -grant award in an amount of $30,000 from the U. S. Community Services Administration; and "DOCUMENT rINDEX ITEM NO. " WHEREAS, the City Commission on December 14, 1978 passed, on first reading, and on January 18, 1979 passed on second reading, an Ordinance appropriating the $30,000 in Federal funds from the U. S. Community Services Administration and the required City cash - match of $15,000 from the budget of the Office of Trade & Commerce Development; and CITY COMMISSION MEETING OF 014 �o. 7 9 1 2 WHEREAS, the Office of Trade & Commerce Development has adhered to the provisions of the State of Florida Consultant's Competitive Negotiation Act, and lection process which began with for Proposals in the local media has conducted a consultant se - an advertisement of a Request between November 2-5, 1978 and which was concluded on January 3, 1979 with oral presentations by five consultant firms selected as finalists by a five -member Technical Review Committee which was established by the Office of Trade & Commerce Development; and WHEREAS, the Technical Review Committee having carefully reviewed the qualifications and proposals of all interested firms and having heard oral presentations by five finalist firms on January 3, 1979, has recommended the negotiation and award of a contract for professional services to implement the Community Economic Development Demonstration Project with the most qualified firms in the following order of preference: 1) Mariscal & Company, 2) National Urban Development Services Corporation, and 3) Touche Ross & Company or Candeub, Fleissig and Associates; and WHEREAS, the Office of Trade & Commerce Development has recommended and the City Manager has endorsed the Technical Review Committee's recommended rank order for the negotiation and execution of a professional consultant services agreement; and WHEREAS, the City Commission, on January 18, 1979, approved Resolution No. 79-49 authorizing the City Manager to negotiate and execute an agreement with Mariscal & Company, as recommended by the Technical Review Committee, and to present such agreement to the City Commission for ratification and approval; and < < C . D 0 C NiS V L L `% h 79- 1 25 WHEREAS, the Office of Trade & Commerce Development has adhered to the provisions of the State of Florida Consultant's Competitive Negotiation Act, and has conducted a consultant se- lection process which began with an advertisement of a Request for Proposals in the local media between November 2-5, 1978 and which was concluded on January 3, 1979 with oral presentations by five consultant firms selected as finalists by a five -member Technical Review Committee which was established by the Office of Trade & Commerce Development; and WHEREAS, the Technical Review Committee having carefully reviewed the qualifications and proposals of all interested firms and having heard oral presentations by five finalist firms on January 3, 1979, has recommended the negotiation and award of a contract for professional services to implement the Community Economic Development Demonstration Project with the most qualified firms in the following order of preference: 1) Mariscal & Company, 2) National Urban Development Services Corporation, and 3) Touche Ross & Company or Candeub, Fleissig and Associates; and WHEREAS, the Office of Trade & Commerce Development has recommended and the City Manager has endorsed the Technical Review Committee's recommended rank order for the negotiation and execution of a professional consultant services agreement; and WHEREAS, the City Commission, on January 18, 1979, approved Resolution No. 79-49 authorizing the City Manager to negotiate and execute an agreement with Mariscal & Company, as recommended by the Technical Review Committee, and to present such agreement to the City Commission for ratification and approval; and DOMf�.�►ENIS FO' 3 ' 'd 79- 1 25 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Commission ratifies and approves the contractual agreement negotiated and executed by the City Manager with Mariscal & Company, said contract being made part of this resolution by reference. PASSED AND ADOPTED THIS 26 day of FF.RRTTARV , 1979. MAURICE A_ FERRE MAURICE A. FERRE, MAYOR ATTEST: GG 777) L(;;:i G. '• GIE, CITY CLE 47/ PREPARED AND APPROVED BY: l 4Y TERRY V. PE CY, ASSI TANT CITY ATTORNEY APPROVED • O FORM AND CORRECTNESS: GEORG OX, JR., CITY AT "SUPPORTIVE DOCUMENTS FOLLOW" 79- 1 25 Lot CITY OF MIAMI, FLORIDA INTEROFFICE MEMORANDUM TOI FROM: Joseph R. Grassie City Manager 10 1 C.b a 1a ulio A. Castano, Office of Trade & Development cet- Director Commerce DATE. February 6, 1979 SUBJECT FILE Resolution ratifying and approving executed contract with Mariscal & Company to conduct the Community 11EFLfl L,Economic Development Demonstration Project ENCLOSURES. The City Commission on October 24, 1978 approved Resolution 78-665, accepting the offer of a matching -grant award in an amount of $30,000 from the Office of Economic Development, U. S. Community Services Ad- ministration. On December 14, 1978 the City Commission passed, on first reading, an Ordinance appropriating the $30,000 in federal funds from the U. S. Community Services Administration and the required City cash -match of $15,000 from the budget of the Office of Trade & Commerce Development to conduct a Community Development Demonstration Project. The City of Miami Community Economic Development Demonstration Project will involve planning, design, and development of a Financial Assistance Program and the implementation of a study assess the feasibility of creating a development organization to encourage economic development projects within the City by securing a greater utilization and coordi- nation of existing and anticipated private, City, County, State, and Federal program resources. The anticipated benefits to the City of Miami from this demonstration project include: - The development of a Comprehensive Financial Assistance Program which will be directed toward the coordination of existing financial resources, improving access to avail- able high -risk loan and equity capital resources for invest- ment in declining neighborhoods and City-wide public/private development projects, and developing new financial resources or tools for economic development in the City. - A feasibility analysis of an organizational structure for the implementation of the Financial Assistance Program which would promote economic development, facilitate the attraction of new business and industry, create and expand jcb opportunities and thereby strengthen the economic base and tax base of the City. "SUPPORTIVE DOCUMENTS FOLt OW" 79-125 Joseph R. Grassie Page 2 February 6, 1979 Based on the provisions of the State of Florida Consultant's Competitive Negotiation Act, the Office of Trade & Commerce Development conducted a consultant selection process which began with an advertisement of a Request for Proposals in the local media between November 2-5, 1979 and which was concluded on January 3, 1979 with oral presentations by five consultant firms selected as finalists by a five -member Technical Review Committee which was established by the Office of Trade & Commerce Development. The Technical Review Committee, recommended the negotiation and award of a contract for professional services to conduct the Community Econo- mic Development Demonstration Project with the two most qualified firms in the following order of preference: 1) Mariscal & Company; and 2) National Urban Development Services Corporation. Based on this recom- mendation, the City Commission, on January 18, 1979, authorized you to negotiate and execute said contract for professional services and to bring back the executed contract, for ratification and approval, on the very first Commission meeting following contract for execution. Attached for presentation to the City Commission on February 22, 1979 is a Resolution ratifying and approving the executed contract between the City and Mariscal & Company for the implementation of the Community Economic Development Demonstration Project. JAC/AHT:zf Encs. - Proposed Resolution - Executed Contract AGREEMENT THIS AGREEMENT, made and entered into this day of 1979, by and between the City of Miami, a municipal corporation of the State of Florida (hereinafter called "CITY") and Mariscal & Company (hereinafter called "M&C"). WITNESSETH WHEREAS, the City Commission, on January 18, 1979, approved Resolution No. 79-49 authorizing the City Manager to negotiate and execute an agreement with M&C, as recommended by the Technical Review Committee, for the purpose of conducting a City of Miami Community Economic Development Project. NOW, THEREFORE, in consideration of the mutual agreements contained herein the parties hereto agree as follows: I. MARISCAL & COMPANY AGREES: 1. M&C agrees to provide professional services to conduct the Community Economic Development Demonstration Project which involves the Assistance Program the feasibility of design and development of a Financial and conducting the study to assess creating a development organization to encourage the implementation of economic development projects within the CITY by securing a greater utilization and coordination of existing and anticipated private, quasi -public, City, County, State and Federal program re- sources. M&C agrees that the Scope of Services Specifica- tions prepared for this project are definitive and binding study requirements, and that the Scope of Services Specifi- cations in addition to MARISCAL & COMPANY's written technical proposal for professional services submitted to the CITY are hereby incorporated as part of this agreement by reference. 2. M&C agrees to receive prior approval from the CITY on the hiring of sub -contractors for services related to this project. 79- 1 25 3. M&C agrees to provide the CITY with any financial and progress reports which may be required to monitor the project. 4. M&C further agrees to complete the above described services no later than June 30, 1979 . If M&C shall fail to fulfill in the proper time and manner its obli- gations under the contract, the CITY shall have the right to terminate this contract, by giving written notice to M&C of such termination and specifying the effective date of such termination. In that event M&C shall be entitled to receive just and equitable compensation for any satis- factory work completed prior to termination. 5. To indemnify and hold the CITY harmless from any and all claims, liability, losses and causes of action which arise out of this Agreement, M&C directly or through its insurance carrier shall pay all claims and losses of any nature what- soever in connection therewith and shall defend all suits and shall pay all costs and judgments which may issue thereon. 6. To comply with all applicable laws, ordinances, and codes of the Federal, State and local governments. Specifically, the provider agrees to comply with the Housing and Community Development Act of 1974, Section 109; with Executive Orders 11246 and 11063; and with Section 3 of the Housing and Urban Development Act of 1968 (Section 570.303). 7. M&C agrees that there will be no discrimination against any employee or person served on account of race, color, sex, religious creed, ancestry, or national origin in its perfor- mance of this Agreement; and it is expressly understood that upon the receipt of evidence of such discrimination, the CITY shall have the right to terminate this Agreement. 8. That no official or employee of the CITY may be admitted directly or indirectly to any share or part of this Agreement or to any benefit to arise from the same nor own or acquire any personal interest in any property, contract or proposed contract which would conflict with or relate to the performance, their duties or responsibi- lities under this Agreement. If any such person presently or in the future acquires, owns or controls any such share, benefit, or personal interest, he shall immediately disclose such share, benefit, or personal interest to the CITY. Upon such disclosure such person shall not continue his partici- pation unless it is determined by the CITY that his partici- pation is not contrary to public interest. M&C will comply with all Federal, State, and local conflict of interest laws and requirements. 9. That in the procurement of supplies, equipment, construction, or services to implement this project shall make a positive effort to utilize small business and minority owned business sources of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority owned business sources shall be located in or owned by residents of the Com- munity Development Target area(s) designated by the City of Miami in the Community Development Grant Application approved by the U. S. Department of Housing and Urban Development. II. CITY AGREES: 1. That it will pay M&C an amount not to exceed $45,000 for the satisfactory completion of the above described services. There will be an initial payment of $10,000, upon the execution of this Agreement, a second payment of $15,000 midway through the time of performance of the Agreement and a final payment of $20,000 upon the satisfactory completion and presentation to the CITY of the above described services. These payments will require official vouchers from M&C prior to disbursement. 79-125 III. BOTH PARTIES AGREE: 1. That all reports, plans, maps, brochures, filmstrips, and other data developed as a result of this Agreement shall be delivered to the CITY by M&C and shall become the property of the CITY without restriction or limitation of their use. It is further stipulated that all information developed as part of this Agreement shall not be used by M&C without written consent of the CITY. IV. TERMINATION: This Agreement may be terminated by either party, at any time upon submission of thirty (30) days written notice if there is: 1. Ineffective or improper use of funds. 2. Failure to comply with the terms of the contract. 3. Submission of incorrect or incomplete reports. 4. Occasion wherein the input of the contract is rendered impossible or unfeasible. V. SIGNATORIES: IN WITNESS WHEREOF, the City of Miami and Mariscal & Company have entered into this Agreement as of the date first above written. ATTEST: CITY OF MIAMI, a municipal corporation of the State of Florida By RALPH G. ONGIE, CITY CLERK JOSEPH R. GRASSIE, CITY MANAGER ATTEST: MARISCAL & COMPANY (MtAr- t) SECRETARY PRESIDENT PREPARED AND APPROVED BY: TERRY V. PE iCY, ASSIStANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS• 71L- GEORGE F. KNOX, JR., CITY ATTORNEY