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HomeMy WebLinkAboutR-78-0221RFC/rb 3/22 / 78 RESOLUTION NO. s 8 "' 2 9 1 A RESOLUTION ALLOCATING THE SUM OF $20,000 FROM SPECIAL. PROGRAMS AND ACCOUNTS -CONTINGENT FUND FOR THE PROFESSIONAL SERVICES OF TOUCHE, ROSS, AND COMPANY TO ANALYZE THE ?MIAMI-DADE COUNTY TWO-TIER FORM OF GOVERNMENT. WHEREAS, the City Commission passed Motion 77-514 on June 21, 1977 authorizing and directing the City Manager to solicit for a proposal For a study on government structure of the Miami -Dade area, expressing the preference that the study be made by a local firm; and WHEREAS, the City Commission passed Motion 78-115 on February 23, 1978 authorizing the City Manager to begin negotiations with Touche, Ross, and Company for the purpose of conducting an examination of the Dade County -Miami two-tier form of government and to present a proposed agreement to the City Commission; and WHEREAS, funds are available in the General Fund, Special Programs and Accounts-Contigent Fund and can be allocated to fund the aforesaid study on the two-tier yform "DOCUMENT I&SEA of government ITEM NO NOW, THEREFORE, BE IT RESOLVED BY 'T E SION OF THE CITY OF MTAMI, FLORIDA: Section 1. The amount of $20,000 is hereby allocated from the Special Programs and Accounts -Contingent Fund for the purpose of funding the study on the Miami -Dade County two-tier form of government, said study to be conducted by Touche, Ross and Company. PASSED AND ADOPTED this___day ofi�.�areh 1978, ATTEST; RA 'II G,P'UN( IE, CITY CLERK Maurice A. Ferrg MAURICE A. FERRE (M A Y 0 R) GI F''t O,v;1,11S$1ON Mr.4J1NG OF MAI-1a 1978 Rcsowiwil NO MOM BUDGETARY REVIEW: 2-11 v It. `� LrL �` Z HOWARD V. GARI, DIRE OR DEPARTMENT OF MANAGEMENT AND BUDGET PRE RED AND APPROVED BY: ROBERT F. CLARK, ASSISTANT CITY ATTORNEY APP AS TO FORM AND C( RRi: ; 'NESS: GEL R ,E F. KNOX, .IR. , CITY r c� i r-; r-• ,-, r -i- 11 f p' FOLLOVV" AGREEMENT THIS AGREEMENT made this 44 day of 4., ► 1978 t by and between the City of Mia^:', a municinal corporation of the State of Florida, (hereinafter called "CITY") and Touche Ross and Company, (hereinafter called "CONSULTANT"). WITNESSETH THAT, WHEREAS, Touche Ross and Company is engaged in the business of providing management and financial studies to municipalities and others and is qualified to conduct an analysis of the Dade County -Miami two-tier government herein described under the direction of and for the account of the CITY; WHEREAS, City of Miami Resolution No. 78-221 authorized the City Manager to enter into an agreement with Touche Ross and Company for the purpose of analyzing methods of improving the two-tier form of government in Metropolitan Dade County; and WHEREAS, the Administration's Consultant Selection Committee has recommended Touche Ross and Company as first ranked firm after reviewing proposals from eight firms; and NOW, THEREFORE, THE CITY and the CONSULTANT for the considerations hereinafter set forth, agree and covenant, one unto the other, as follows: SECTION I - GENERAL A. The CONSULTANT shall carry out the work with all applicable dispatch in a sound, economical, efficient and professional manner. The provisions of all applicable Federal, State and Local Laws must be met; and B. The CONSULTANT shall perform the professional and technical services as hereinafter set forth and in general accordance with the instructions of the CITY; and C. The CITY agrees to pay and the CONSULTANT agrees to accept as payment in full for all professional and technical services rendered as outlined in SECTION III - PROFESSIONAL AND TECHNICAL SERVICES, hereof, a total fee of Twenty Thousand Dollars ($20,000.00) as itemized in SECTION V - COMPENSATION FOR SERVICES. "SUPPORTIVE DOCUMEN FOLLOW" gtCTION if DEFINITIONS A. CITY - is hereby defined as The City of Miami, Florida. E. CITY MANAGER - is hereby defined as the City Manager of The City of Miami, Florida. C. CONSULTANT = is hereby defined as Touche Ross and Company. U. COUNTY = is hereby defined a Jade County, Florida. E. FIXED FEE - is hereby defined as the amount of money the CITY agrees to pay the CONSULTANT for all his professional and technical services required to complete the work as defined in SECTION III SCOPE OF PROFESSIONAL SERVICES, hereof. F. PROJECT- is hereby defined as the preparation of the Miami Two -Tier Government Study. G. STATE - is hereby defined as The State of Florida. H. WORK - is hereby defined as professional and technical services to be rendered or provided by the CONSULTANT for the project, as described in SECTION III -PROFESSIONAL AND TECHNICAL SERVICES, herein. I. PROJECT DIRECTOR - is hereby defined as the Assistant City Manager. SECTION III - PROFESSIONAL AND TECHNICAL SERVICES The CONSULTANT in close coordination with the CITY shall perform the following professional and technical services comprising the work and shall be fully responsible for all professional and technical aspects thereof. The CITY'S review and approval of the work will relate only to overall compliance with the general requirements of this contract and whenever the term "Approval by the City" or like terms is used in this Agreement, the phraseology shall in no way relieve the consultant from any duties or responsibilities under the terms of this Agreement and from using the highest standard of professional services and practices. PART I: Review of Relevant Studies and Plans CONSULTANT will assimilate existing published data which addresses at least the following elements of the City of Miami and other selected communities before, during and after the emergence of Metropolitan Dade County, i.e,, the two-tier gover-nmenta]. structure. Geographic r Functional - - Representational f''• LOW„ Financial the CONSULTANT will deterMine trends th consolidation and eRamihe and evaluate reasons for conSolidating services based oh existing data. PART II: Data analysis, and Alternative Models Based on the data gathered, the CONSULTANT shall conduct an analysis and develop models for evaluating the data for trends and measuring the impact of alternative govc .mental structures and processes. The data to be collected and analyzed will be from existing sources. To the extent that additional data is required to analyze alternative models in which the City of Miami expresses an interest, the resources required for further development of relevant data base will be discussed with the CITY for determination of appropriate action steps to be taken. PART III: Project Review The CONSULTANT will review with the CITY on at least two occasions to review alternative models and distribution of functions and representation. The CONSULTANT will use already existing governmental structures as a basis for comparison such as the Toronto two-tier federated form of government. The CONSULTANT will also review existing metropolitan and two-tier forms of government for possible applicability to the Metropolitan Dade County -City of Miami situation. Based on reviews by the CITY and other agencies including discussions with the University of Miami, the CONSULTANT will refine data findings and models in response to preliminary reviews. These reviews will be to focus on key issues and direct the balance of project activities and permit the CONSULTANT to focus in on key issues for further analysis. PART IV: Prepare Written Report The final report of this project will be delivered to the City of Miami during the last week in May. It is understood that this report is to provide a review of governmental structure and process, model selective alternatives for further consideration and prepare recommen- dations on a specific course of action leading to the strengthening of two-tier government or further consolidation of services in Metropolitan Dade County. w 3 FOLLOW" PART V: Review ,arid_ Coordihation The CITY will establish a Review con ittee to teView and evaluate and assist the CONSULTANT in preparation of the study. The COMMittee Will fleet with the CONSULTANT on an as needed basis during the duration of the study. The CONSULTANT will Make presentations upon the completion t3f the study before the Miami City Fula'-g Commission. SECTION IV - CITY SERVICES The Project Director will make available to the CONSULTANT for his review all analysis and consultation material available to the CITY such as: all records, statistics, studies, plans and related data which are applicable and appropriate. The Project Director shall be responsible for coordinating the activities of the CONSULTANT with the Review Committee. SECTION V - COMPENSATION FOR SERVICES For professional and technical services outlined in SECTION III PROFESSIONAL AND TECHNICAL SERVICES, the CITY agrees to pay the CONSULTANT a total lump sum of Twenty Thousand Dollars. The CITY will make a monthly partial payment to the CONSULTANT in accordance with invoices rendered and percentage of the contract completed. The CONSULTANT shall submit duly certified invoices in triplicate for approval through the Project Director, together with a progress report of work accomplished. The amount of the invoices submitted shall be the pro -rated amount due for all work performed to date under the terms of this agreement, determined by applying the percentage of the work completed as certified by the CONSULTANT and as approved by the Project Director to the total sum due for the work. The amount of the partial payment due for the work performed to date shall be an amount calculated in accordance with the above paragraph, less ten percent of the amount thus determined, which shall be withheld by the CITY, and less previous payments. The CONSULTANT shall have the right to stop work for payments of approved invoices if payment of approved invoices has not been received within sixty days of submission. The ten percent retainer shall be paid in full to the CONSULTANT upon satisfactory completion of services as fied by the project Director. r !Vr•� DOUMLNcer.' 4 FOLLOW" SECTION ... TE Mtt4ATtON,_._OP.. Adi EMENT The CITY retaif'1s the right to terminate this AgteeMeht at any tilne prior to completion of the wofk without penalty to the CITY. In that event, termination of this Agreement shall be in writing to the CONSULTANT and the CONSULTANT shell be paid all fees and expenses incurred prior to termination and direct resultant terminal expenses. In the event of termination, all documents, drawings, specifi- cations, etc., shall be delivered to and become the property of the CITY. SECTION VII - OWNERSI4IP OP DOCUMENTS All statistical analysis, specifications, survey information, reports, plans, drawings, maps, and other data developed as a result of this Agreement shall be delivered to the CITY by the CONSULTANT upon completion of the work and shall become the property of the CITY, without restriction or limitation on their use. It is further stipulated that all information developed as part of this Agreement shall not be used by the CONSULTANT without written consent of the CITY. SECTION VIII - 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 paid or agreed to pay any company, or person any fee, commission, percentage, brokerage fee, or gifts of any other kind contingent upon or resulting from the award of making this Agreement. The CONSULTANT also warrants that to the best of his knowledge and belief no commissioner, mayor, or other officer or employee of the CITY is interested, directly or indirectly, in the profits of emoluments of this Agreement or the job, work or services for the CITY in connection with the Agreement or construction of this Project. The CONSULTANT shall not engage during the period of the Agreement the services of any professional or technical personnel who has been at any time during the period of this Agreement in the employ of the CITY, without written consent of the CITY. SECTION IX - EXTENT OF AGREEMENT This Agreement represents the entire and integrated Agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument by both CITY and the CONSULTANT. Wi t_ \1 0 ,� , SECTION X. _.,"_..SUCCtSSOR ANb ASSICNS The CONSULTANT teat shall take no assightent or tranfer of this Agreement or sublet, assign or transfer any part of the Work under this Agreement, without the Written consent of the CITY, This Agreement shall be binding upon the parties hereto, their heir, executors, legal representatives, successors and assigns SECTION XI - RIGHT TO AUbIT The CITY reserves the right to audit the CONSULTANT's records pertaining to this Agreement at any time during the prosecution of this Agreement and for a period of one year after final payment is made under this Agreement. Compliance with the foregoing requirements shall not relieve the CONSULTANT of his liability and obligation under any other portion of this Agreement. SECTION XII - RIGHT OF DECISIONS All services shall be performed by the CONSULTANT to the satisfaction of the Project Director, who shall decide all questions, difficulties, and disputes of whatever nature which may arise under or by reason of this Agreement, the prosecution and fulfillment of the services hereunder, and the character, quality, amount, and value thereof, and the Director's decisions upon all claims, questions of fact, and disputes shall be conclusive and binding upon the parties hereto, unless such determination is clearly arbitrary or unreasonable. In the event that the CONSULTANT does not concur in the judgement of the Project Director as to any decision made by him, he shall present his written objections to the City Manager, with a copy to the Project Director; and the CONSULTANT shf 1 abide by the decision of the City DC.u..,1CrUPPAERIT\11.17 and tXe'tim()W1 in questions Manager. SECTION XIII - ARBITRATION All claims, disputes arising out of or relating to this Agreement, including interpretation of the breach thereof, shall be decided by arbitration in accordance with the Arbitration Rules of the American Arbitration Association then obtaining. This Agreement to so arbitrate shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association and such demand shall be made within a reasonable time after the events giving rise to the claims, 6 dispute or Matter in quettion. SRC' ION , XIV , MOOPIO !l'tON The parties reserve the rights subject to Mutual assent by the CON8t1LThNT and the Project bisector, to modify the tents, Conditions and Schedules as herein contained, as necessary and as evidenced by a written document. SECTION XV NON-OTSCRIMINATION A. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and the employees are treated during the employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprentice- ship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Personnel Officer setting forth the provisions of this Equal Opportunity clause. B. The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of the CONSULTANT, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. C. The CONSULTANT will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency Personnel Officer, advising the labor union or workers' representative of the contractor's commitments under this Equal Opportunity clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D, The CONSULTANT will comply with all provisions of Executive Order No. 11246 of September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967, and of the rules, regulations and relevant orders of the Secretary of Labor. 7, Pi% ON 1:11110 /E r ..," j tit TS t. The CONSNI,ThNT will furbish all ihforiation and reports required by Ekecutive Order No. 11246 of September 24, 1965 as attended by Executive order No. 11175 of October 11, 1967, and by the rules and regulations and order of the Secretary of Labor or pursuant thereto, and Will permit access to his books, records and accounts by the contracting agency and the Secretary of 3bor for purposes of investiga- tion to ascertain compliance with such rules, regulations and orders. P. In the event of the CONSULTANT's noncompliance with the Equal Opportunity clause of this contract or with any of the said rules, regulations or orders, this contract may be canceled, terminated or suspended, in whole or in part and the CONSULTANT may be declared ineligible for further CITY contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. G. The CONSULTANT will include the provisions of XV A through XV G in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967 so that provisions will be binding upon each subcontractor or vendor. The CONSULTANT will take such action with respect to any subcontractor or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however that in the event the CONSULTANT becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the CONSULTANT may request the CITY to enter into such litigation to protect the interests of the CITY. " SUPPORTPV DOCIZIENTS Fie:)LLOW" StCTION_ VI . CONI8TRUCTIQN ,OV AG EEMtN' The parties hereto a» ee that this Agreement shall be construed and enforced according to the laws, statutes and case law of the State of Florida. IN WITNESS WhiEREOF the parties hereto have, through their proper corporate offici-als, executed this Agrees• .t, the day and year first above set forth. ATTEST,: TOUCHE ROSS AND COMPANY 97QLL By: 3,..%�v ))isL. ATTEST: dTHE CITY OF MIAMI (a municipal ir corporation of the State of Florida) City Clerk APPROVED AS TO CONTENT 4 ti. Project Director By: e C � City Manager APPROVED AS TO FORM & CORRECTNESS City Attorney 40 Joseph R, Grassie City Manager CITY OF MIAtAI. FLORIDA INTEROFFICE M P.ioRANDUM FROM: Howard V. Gary, Director Department of Management and Budget D4; r. March 22, 1978 PILE Proposed Resolution to allocate funds for the two-tier government study r.e=CF'f:Vctst The attached proposed resolution would allocate $20,000 from the General Fund, Special Programs and Accounts, Contingent Fund for the purpose of funding the two-tier government study to be conducted by Touche, Ross, and Company. This allocation is pursuant to City Commission Motions No. 77-514 and 78-115. Motion 77-514, passed on June 21, 1977, focused on three main issues: that the study 1) be conducted preferably by a local firm, 2) address itself to City of Miami problems, and 3) compare our systems to other systems with the goal of improving relations between the City of Miami and Dade County. Motion 78-115, passed February 23, 1978, recommended the analysis of current studies by a local firm for comparison with the existing Miami -Dade County System. 7 8 ,- 2 2