HomeMy WebLinkAboutR-78-0166'lA : bk
3/1/18
RESOLUTION NO. 7 8 "' 1 6 6
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT FOR NECESSARY LEGAL
SERVICES, (A COPY OF WHICH IS ATTACHED HERETO)
WITH THE LAW FIRM OF BRYANT, FRANSON, MILLER,
OLIVE, BRANT AND RYAN, TO ACT AS BOND APPROVING
COUNSEL, IN CONNECTION WITH THE ISSUANCE AND
SALE OF BONDS OF THE CITY OF MIAMI TO FINANCE
THE WATSON ISLAND DEVELOPMENT PROJECT.
WHEREAS, the City contemplates the issuance and sale
of bonds to finance the Watson Island development project; and
WHEREAS, the City Attorney has recommended that the
City hire outside counsel to represent the City in this matter;
and
WHEREAS, certain attorneys known to have expertise in
the area of municipal bonds were considered by the City Commission;
and
WHEREAS, the City Commission has selected BRYANT,
FRANSON, MILLER, OLIVE, BRANT AND RYAN to represent the City in
this matter; and
WHEREAS, by Resolution No. 77-861, passed and adopted
the 26th day of October, 1977, the City Commission authorized the
City Manager to negotiate with the law firm of BRYANT, FRANSON,
MILLER, OLIVE, BRANT AND RYAN to act as bond approving counsel
and render necessary legal services in connection with the above
referenced project;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
"DOCUMENT,3NDEX
ITEM, NO.. `t "
hereby aut oriz to
THE CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is
enter into a contract for necessary legal services, (a copy of
which is attached hereto) with the law firm of BRYANT, FRANSON,
MILLER, OLIVE, BRANT AND RYAN, to act as bond approving counsel,
in connection with the issuance and sale of bonds of the City of .
Miami to finance the Watson Island development project.
F'ASED AND ADOPTED t hi;> 9t:h :lay of March, 1978.
"1aurict' A. Ferre
Cj7( (32/
CITY CLERK re!
MAYOR
CITY COMMISSION
MEETING OF
MAR 9 1978
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PREPARED AND APPROVED BY:
MICHEL E, ANDERSON
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
7 - •
GEORtE F. KNOX, JR.
CITY ATTORNEY
•
"SUPP*3771\IE
FO! LOvi"
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TO:
COY QV M;1,.i.
Honorable Members of
the City Commission
Joseph R. Grassie
City Manager
March 1, 1978
Contract for Bond Counsel
Watson Island Development Project
Agreement and Resolution
Pursuant to Resolution NO. 77-861, I have negotiated an agreement
with the law firm of BRYANT, FRANSON, MILLER, OLIVE, BRANT AND
RYAN.
Both the agreement and authorizing resolution are attached hereto.
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Encls.
NTSE
"SUPPORTIV
DOCUME
CLLOW"
7 s ti
CO,NT/R4or_mt_s15,Eam_XigGAL ..,S.ERVIG;,ES
THIS AGREEMENT, made and entered into this day
of March, 1978, by and between THE CITY OF MIAMI, a Municipal
corporation of the State of Florida, (hereinafter referred to as
the "City") and BRYANT, FRANSON, MILLER, OLIVE, BRANT AND RYAN,
(hereinafter referred to as "Attorneys").
WITNESSETH
WHEREAS, the City contemplates the issuance and sale
of bonds to finance the Watson Island development project; and
WHEREAS, the City Attorney has recommended that the
City hire outside counsel to represent the City in this matter;
and
WHEREAS, certain attorneys known to have expertise in
the area of municipal bonds were considered by the City Commission;
and
WHEREAS, the City Commission has selected BRYANT, FRANSON,
MILLER, OLIVE, BRANT AND RYAN to represent the City in this
matter; and
WHEREAS, by Resolution No. 77-861, passed and adopted
the 26th day of October, 1977, the City Commission authorized the
City Manager to negotiate with the law firm of BRYANT, FRANSON,
MILLER, OLIVE, BRANT AND RYAN to act as bond approving counsel and
render necessary legal services in connection with the above
referenced project;
NOW, THEREFORE, in consideration of the mutual covenants
hereinafter set forth to be observed and performed, the parties
hereto covenant and agree as follows:
1, ATTORNEYS AGREE AS FOLLOWS:
"SUPPORTIVE
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A. That they will act as Bond Counsel for the City on
the Watson Island development project and provide the following
services in connection therewith;
1. Prepare all bond documents, including indentures
of trust, if required, in cooperation with the
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"SUPPOR"iNE
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City staff, City Attorney, financial advisor
and management's attorneys and representatives,
Prepare validation pleadings, including proposed
final judgment, and assist the City Attorney in
the validation hearing.
3. Represent the City in Washington, D.C. to
obtain appropriate revenue rulings from the
Internal Revenue Service.
4. Review all financial feasibility studies and
all management contracts relating to the project
and to attend and participate in conferences
between management, City staff and the under-
writers as the project develops.
5. Review all underwriting proposals, prepare all
closing documents and attend and assist in the
closing.
6. Render an opinion as bond approving counsel as
to the legality and tax-exempt status of the
bonds.
2. CITY AGREES AS FOLLOWS:
A. To reimburse the Attorneys for all out-of-pocket
costs, including travel, food, lodging, Xerox and telephone
expenses and to pay said costs on a monthly basis as bills are
received.
B. To pay the Attorneys the sum of One Hundred Twenty -
Five Thousand Dollars ($125,000) for all professional services
rendered on the day of delivery and sale of the bonds.
C. City of Miami checks for the services herein
rendered by Attorneys shall be mailed to the Attorneys at 700
Barnett Bank Building, Tallahassee, Florida 32301.
3. BOTH PARTIES AGREE AS FOLLOWS;
A. Attorneys shall be deemed to be independent con-
tractors, and not agents or employees of the City, and shall not
48-166
attain any rights under the Civil Service or Pension Ordinances
of the City, or any rights generally afforded classified or
unclassified employees; further, Attorneys shall not be deemed
to be entitled to Florida Workmen's Compensation benefits as
employees of the City.
B, This contract may be altered or amended only upon
the written consent of both parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused
this instrument to be executed in their names by the persons
hereunto legally qualified to do so, all as of the date and year
hereinabove first written.
City Clerk
Witnesses:
THE CITY OF MIAMI, a Municipal
corporation of the State of Florida
By
City Manager
BRYANT, FRANSON, MILLER, OLIVE,
BRANT AND RYAN
700 Barnett Bank Building
Tallahassee, Florida 32301
Phone: (904) 222-8611
By
APPROVED AS TO FORM AND LEGALITY:
George F, Knox, Jr. w•tw
City Attorney, City of Miami
W. Robert Olive, Jr.
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