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HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-00742 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO RESOLUTION NO. R-07-0166 AND REQUEST FOR QUALIFICATIONS NO. 05-06-114, RESCINDING THE AWARD TO UBS SECURITIES, LLC AND AWARDING IT TO THE NEXT HIGHEST RANKED FIRM, MERILL LYNCH, UNDER THE CATEGORY OF SENIOR MANAGER/CO-SENIOR MANAGER AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN THE SUBSTANTIALLY ATTACHED FORM, FOR THE REMAINING TERM OF THE CONTRACT EFFECTIVE THROUGH APRIL 2, 2009, WITH THE OPTIONS TO RENEW FOR THREE (3) ADDITIONAL ONE YEAR PERIODS; AND, ACCEPTING THE ASSIGNMENT OF THE AGREEMENT FROM LASALLE FINANCIAL SERVICES TO BANK OF AMERICA/BANC OF AMERICA SECURITIES, LLC, AS CO -MANAGER; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN THE SUBSTANTIALLY ATTACHED FORM, TO EFFECTUATE THE ASSIGNMENT, UNDER THE ORIGINAL SAME TERMS AND CONDITIONS OF SAID AGREEMENT WITH LASALLE FINANCIAL SERVICES FOR MUNICIPAL BOND UNDERWRITING SERVICES. WHEREAS, on October 26, 2006, the Purchasing Department issued Request for Qualifications (RFQ) No. 05-06-114 for Municipal Bond Underwriting Services; and WHEREAS, on December 6, 2006, the City received ten (10) responses for the category of Senior Manager and Co -Senior Manager and twelve (12) responses for the category of Co -Managers; and WHEREAS, pursuant to RFQ No. 05-06-114, the two highest ranked firms for the category of Senior Manager and Co -Senior Manager, and the three highest ranked firms for the category of Co -Managers were to be selected; and WHEREAS, on January 30, 2007, the City Manager appointed an Evaluation/Selection Committee (Committee) and members of said Committee met at a later point in time; and WHEREAS, the Committee made the recommendation to the City Manager that the highest ranked firms, UBS Securities, LLC and JP Morgan, would serve the City, on a rotational basis, as Senior Manager and Co -Senior Manager; and, Sun Trust Capital Markets, Raymond James and LaSalle Financial Services as simultaneous Co -Managers, and WHEREAS, the City Manager accepted the recommendation and recommended same to the Miami City Commission; and WHEREAS, on March 22, 2007, the Miami City Commission adopted the City Manager's City of Miami Page 1 of 3 Printed On: 7/1/2008 File Number: 08-00742 recommendation and passed Resolution No. R-07-0166; and WHEREAS, it has now come to the attention of the City that one of its Senior Manager/Co-Senior Manager, UBS Securities, LLC are no longer in the business of providing Municipal Bond Underwriting Services; therefore, causing the City to rescind the award, and WHEREAS, it is respectfully recommended that the Miami City Commission award it to the next highest ranked firm, Merill Lynch, to now serve as a Senior Manager/Co-Senior Manager; and WHEREAS, it has also come to the attention of the City that one of its Co -Manager, LaSalle Financial Services has been acquired by Bank of America/Banc of America Securities, LLC; thereby requesting for the City to accept the assignment of its agreement (between the City and LaSalle) to Bank of America/Banc of America Securities, LLC; and NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The rescission of the award to UBS Securities, LLC, as one of the City's Senior Manager/Co-Senior Manager for Municipal Bond Underwriting Services and award to the next highest ranked firm, Merill Lynch, one of two Senior Managers/Co-Senior Managers to provide Municipal Bond Underwriting Services. Section 2. The assignment of agreement from LaSalle. Financial Services to Bank of America/Banc of America Securities, LLC, one of three Co -Managers to provide Municipal Bond Underwriting Services. Section 3. The City Manager is authorized {1} to negotiate and execute a Professional Services Agreement, in the substantially attached form, with Merill Lynch, for the remaining term of the contract effective through April 2, 2009, with options to renew for three (3) additional one year periods. Section 4. The City Manager is further authorized {1 } to execute an agreement with Bank of America/Banc of America Securities, LLC. to effectuate the assignment of the Professional Services Agreement from LaSalle Financial Services to Bank of America/Banc of America Securities, LLC. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY City of Miami Page 2 of 3 Printed On: 7/1/2008 File Number. 08-00742 Footnotes: {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 3 of 3 Printed On: 7/1/2008