RESOLUTION 90-19898 RESOLUTION NO. 90-19898
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH LAVENTHOL & HORWATH FOR A CONVENTION
CENTER HOTEL FEASIBILITY STUDY
WHEREAS, the City of Miami Beach ("City") issued a Request
for Proposals No. 9-89/90 for a Professional Feasibility Study for a
Convention Center Hotel; and
WHEREAS, Laventhol & Horwath ("Consultant") submitted a
proposal in response to the City' s Request for Proposals; and
WHEREAS, the City and Consultant have negotiated an
agreement, and the agreement has been recommended by the City Manager
and approved as to form by the City Attorney.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, that the Mayor and the City Clerk are authorized
to execute a Professional Services Agreement with Laventhol & Horwath
for a Convention Center Hotel Feasibility Study.
PASSED AND ADOPTED this 7th day of February , 19 90
VICE-MAYOR
ATTEST:
CITY CLERK
FORM APPROVED
LEGAL DEPT.
SWORN STATEMENT UNDER SECTION 2S .133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER
AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted with Bid, Proposal or Contract No.
forProfessional Services Agreement For Convention Center Hotel Feasibility
Study
2. This sworn statement is submitted by Irwin I. Glick/ Laventhol & Horwath
[name of entity submitting sworn statement]
whosebusiness address Alhambra Plaza, 7th Floor, Coral Gables, Fl. 33134
w
h s is
and
(if applicable) its Federal Employer Identification Number (FEIN) is
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement: .)
3. My name is Trwin I. Glick and my relationship to the
[please print name of individual signing]
entity named above is Senior Principal
4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any other
state or with the United States, including, but not limited to, any bid or contract for goods or
services to be provided to any public entity or an agency or political subdivision of any other state
or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering,
conspiracy, or material misrepresentation.
5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes,
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of
guilt, in any federal or state trial court of record relating to charges brought by indictment or
information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty
or nolo contendere.
6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime: or
2. Al entity under the control of any natural person who is active in the management of the
entity and who rias been convicted of a public entity crime. The term "affiliate° includes those
officers, directors, executives, partners, shareholders, employees,members, and agents who are active
in the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in another person, or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, shall be a prima facie case that one person controls
another person. A person who knowingly enters into a joint venture with a person who has been
convicted of a public entity crime in Florida during the preceding 36 months shall be considered an
affiliate.
7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes means any
natural person or entity organized under the laws of any state or of the United States with the legal
power to enter into a binding contract and which bids or applies to bid on contracts for the provision
of goods or services let by a public entity,or which otherwise transacts or applies to transact business
with a public entity. The term "person" includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in management of an entity.
8. Based on information and belief, the statement which I have marked below is true in relation to the
entity submitting this sworn statement. [Please indicate which statement applies.]
-. a
Neither the entity submitting this sworn statement, nor any officers, directors. executives,
® a e
partners, shareholders, employees, members, or agents who are active in management of the entity,
nor any affiliate of the entity have been charged with and convicted of a public entity crime
subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of the officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in management of
the entity, of an affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989, AND [Please indicate which additional statement applies.]
There has been a proceeding concerning the conviction before a hearing officer of
the State of Florida, Division of Administrative Hearings. The final order entered by the
hearing officer did not place the person or affiliate on the convicted vendor list. [Please
attach a copy of the final order.] .
® The person or affiliate was placed on the convicted vendor list. There has been a
subsequent proceeding before a hearing officer of the State of Florida, Division of
Administrative Hearings. The final order entered by the hearing officer determined that it
was in the public interest to remove the person or affiliate from the convicted vendor list.
[Please attach a copy of the final order.]
The person or affiliate has not been placed on the convicted vendor list. [Please
describe any action taken by or pending with the Department of General Services.]
iitttes.ik
[signature]
Date: t O
STATE OF
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
•
L.0_,c)(Al_J P. �f
who, after first being sworn by me, affixed his/her signature
(name of individual signing]
in the space provided above on this ...f,)?O day .. .,of ! J 19 v .
- &,(474,7
NOTAR PUBLIC
My commission expires: . .• 57V:7
Form FUR 7068 (Rev. 11/89)
eel Nietme
\P e� FLORIDA 3 3 1 3 9
r
�� ��
rf
'♦ INCORP ORATED)*) f r V A CA TIONL,4 NL) U. S. A.
OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO.T711)
DATE: February 7, 1990
TO: Mayor Alex Dao • and
Members of t.- City Corn -is- •n
ipr
FROM: Rob W. Parks g s ofki \
City Manager
AGREEMENT WITH LAVENTHOL & HORWATH FOR PROFESSIONAL SERVICES
SUBJECT: FOR CONVENTION CENTER HOTEL FEASIBILITY STUDY - REQUEST FOR
PROPOSALS NO. 9-89/90
On January 3 , 1990, Commission Memo 4-90, the City Commission
authorized the Administration to negotiate an agreement with Laventhol
& Horwath to perform a Convention Center Hotel Feasibility Study.
Negotiation meetings were held with representatives of Laventhol &
Horwath, resulting in modifications relating to the developer workshop
and the payment schedule.
The agreement contains a schedule of all tasks to be performed, with
a completion date of eight weeks after Notice to Proceed at a fixed
cost of $32 , 000. 00.
FUNDING:
$32 , 000. 00 Funds are available from Convention Development Tax
Dollars (50%) and General Fund Special Projects Account
(50%) .
ADMINISTRATION RECOMMENDATION:
The City Administration recommends that the City Commission approve the
attached Resolution approving the Professional Services Agreement with
Laventhol & Horwath for a Convention Center Hotel Feasibility Study and
authorizing the Mayor and City Clerk to execute such agreement on
behalf of the City of Miami Beach.
RWP/EJ D/j f
`. �,'y) (n� n
F U ,ti H i G !t:t i !\ v t...
AGENDA
ITEM
•
C
DATE t;) -77 0
CONSULTANTS: LAVENTHOL & HORWATH
TWO ALHAMBRA PLAZA
CORAL GABLES, FL 33134
PROJECT: PROFESSIONAL SERVICES AGREEMENT FOR
CONVENTION CENTER HOTEL FEASIBILITY STUDY
AGENCY: CITY OF MIAMI BEACH
DEPARTMENT OF ECONOMIC & COMMUNITY DEVELOPMENT
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
I
.
INDEX
SECTION 1 Definitions 1
SECTION 2 Scope of Work and Services Required 2
SECTION 3 Compensation 3
3 . 1 Payment Schedule 3
SECTION 4 General Provisions 3
4 . 1 Responsibility of the Consultant . 3
4 . 2 Notice to Proceed 3
4 . 3 Termination, Suspension and Sanctions . 4
4 . 3 . 1 Termination for Default 4
4 . 3 . 2 Termination for Convenience of City 4
4 . 3 . 3 Termination for Resolution 4
4 . 3 . 4 Sanctions for Non-compliance with
Nondiscrimination Provisions . . . . 5
4 . 5 Inspection 5
4 . 6 Right of Decisions 5
4 . 7 Assignment, Transfer or Subcontracting 6
4 . 8 Equal Employment Opportunity . . . . 6
4 . 9 Conflict of Interest 6
4 . 10 Patent Rights; Copyrights; Confidential
Findings 6
4 . 11 Professional Liability Insurance
Coverage 7
4 . 12 Notices 7
4 . 13 Litigation Jurisdiction 8
4 . 14 Entirety of Agreement 8
1
EXHIBITS
A SCOPE OF SERVICES 10
B RFP - MIAMI BEACH CONVENTION CENTER
HOTEL FEASIBILITY STUDY 11
C ORIGINAL PROPOSAL FOR PROFESSIONAL -
SERVICES SUBMITTED BY LAVENTHOL &
HORWATH 12
.
PROFESSIONAL SERVICES AGREEMENT FOR
CONVENTION CENTER HOTEL FEASIBILITY STUDY
THIS AGREEMENT made this 13th day of February , 1990 by and
between the CITY OF MIAMI BEACH, a Florida municipal corporation,
hereinafter called the "City" , which term shall include its
officials, successors, legal representatives, and assigns, and
LAVENTHOL & HORWATH, Certified Public Accountants, hereinafter
called the "Consultant" .
WITNESSETH
That the City and the Consultant, for the consideration herein set
forth, agree as follows:
SECTION 1
DEFINITIONS
Agreement: This written Agreement between the City and the
Consultant.
City Manager:er: "CitY Mariag er" means the Chief Administrative
officer of the City.
Equal Employment
Opportunity: Opportunity provided by the Consultant pursuant
to Executive Order 11246, as amended, and
required to be part of all contracts covered
by said Executive Order.
Final Acceptance: "Final Acceptance" means notice from the City
to the Consultant that the Consultant ' s
Services are complete as provided in Section
4 . 8 of this Agreement.
Fixed Fee: Fixed amount paid to the Consultant to allow
for his costs and margin of profit.
-1-
Project
Coordinator: An individual designated by the City Manager
to coordinate, direct and review, on behalf of
the City, all technical matters involved in the
Scope of Work.
Proposal : Consultant' s proposal in response to the City' s
Request for Proposal (RFP) No. 9-89/90.
Risk Manager: The Risk Manager of the City, with offices at
1700 Convention Center Drive, Third Floor,
Miami Beach, Florida 33139 .
RLI: Request for Proposal No. 9-89/90, "Project
Title: Miami Beach Convention Center Hotel
Feasibility Study" issued by the City of Miami
Beach.
Services: All services, work and actions by the
Consultant performed pursuant to or undertaken
under this Agreement described in Section 2 .
Termination: Termination of Consultant Services as provided
in Section 4 . 3 of this Agreement.
Task: A discrete portion of the Scope of Services to
be accomplished by the Consultant, as described
in Sect4on 2 herein, if directed and
authorized.
SECTION 2
SCOPE OF WORK AND SERVICES REQUIRED
The Scope of Work for this project to be performed by the
Consultant is set forth in Exhibit A, "Scope of Services" dated
November 10, 1989 , attached hereto.
-2-
SECTION 3
COMPENSATION
3 . 1 LUMP SUM FIXED FEE AND PAYMENT SCHEDULE
Consultant shall be compensated for the Services performed herein
on the basis of the following schedule:
TASK/AMOUNT
$7 , 500 Payable upon acceptance of this proposal
7 , 500 Payable 15 days following acceptance date
7 , 500 Payable 30 days following acceptance date
9 , 500 Upon acceptance of the final report
$32 , 000 Total professional fees and expenses
3 . 2 DEADLINE FOR SUBMISSION OF FINAL REPORT FROM CONSULTANT
The final report is due within eight (8) weeks of notice to
proceed.
SECTION 4
GENERAL PROVISIONS
4 . 1 RESPONSIBILITY OF THE CONSULTANT
With respect to the performance of the Services, the Consultant
shall exercise that degree of skill , care, efficiency and diligence
normally exercised by recognized professionals with respect to the
performance of comparable Services.
With respect to the performance of work by subconsultants or
subcontractors, the Consultant shall use its recognized
professional judgment, care and prudence in accepting such work,
and the Consultant shall require that the subconsultant be bound
by the terms and conditions of this Section.
In its performance of the Services, the Consultant:
Shall comply with all applicable laws and ordinances,
including applicable regulations of the City, County,
State and Federal Government.
4 .2 NOTICE TO PROCEED
Unless directed by the City otherwise, the Consultant shall
proceed with the work upon execution of this agreement.
-3-
4 . 3 TERMINATION, SUSPENSION AND SANCTIONS
4 . 3 . 1 Termination for Default
If through any cause within the reasonable control of the
Consultant, the Consultant shall fail to fulfill in a timely
manner, or otherwise violate any of the covenants, agreements, or
stipulations material to this Agreement, the City shall thereupon
have the right to terminate the Services then remaining to be
performed by giving written notice to the Consultant of such
termination which shall become effective upon receipt by the
Consultant of the written termination notice. In that event, all
finished and unfinished documents, data, studies, reports and
other work products prepared by the Consultant shall be properly
delivered to the City, and the City shall compensate the
Consultant in accordance with Section 3 for all Services performed
by the Consultant prior to Termination.
Notwithstanding the above, the Consultant shall not be relieved of
liability to the City for damages sustained by the City by virtue
of any breach of the Agreement by the Consultant and the City may
reasonably withhold payments to the Consultant for the purposes of
set off until such time as the exact amount of damages due the
City from the Consultant is determined.
r ..
4 .3 .2 Termination for Convenience of City
The City may, for its convenience, terminate the Services then
remaining to be performed at any time by giving written notice to
Consultant of such termination, which shall become effective seven
(7) days following receipt by Consultant of the written
termination notice. In that event, all finished or unfinished
documents and other materials as described in Section 3 shall be
properly delivered to the City.
If the Agreement is terminated by the City as provided in this
Section, the City shall compensate the Consultant in accordance
with Section 3 for all Services actually performed by the
Consultant and reasonable direct costs of Consultant for
assembling and delivering to City all documents. Such payments
shall be the total extent of the City' s liability to the
Consultant upon a Termination as provided for in this Section.
4 . 3 . 3 Termination for Insolvency
The City also reserves the right to terminate the Services then
remaining to be performed in the event the Consultant is placed
either in voluntary or involuntary bankruptcy or makes an
assignment for the benefit of creditors. In such event, the right
-4-
4 .7 ASSIGNMENT, TRANSFER OR SUBCONTRACTING
Except as provided in Section 3 . 1. 1 hereof, the Consultant shall
not subcontract, assign, or transfer any work under this Agreement
without the written consent of the City. When applicable and upon
receipt of such consent in writing, the Consultant shall cause the
names of the firms responsible for the major portions of each
separate specialty of the work, as are necessary to carry out the
intent of this Agreement, as instructed by the City, to be
inserted in the Agreement.
4 .8 EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of this Agreement, the
Consultant shall not discriminate against any employee or
applicant for employment because of race, color, religion,
ancestry, sex, age, national origin, place of birth, marital
status, or physical handicap. The Consultant shall take
affirmative action to ensure that applicants are employed and that
employees are treated during their employment without regard to
their race, color, religion, ancestry, sex, age, national origin,
place of birth, marital status, or physical handicap. Such action
shall include, but not be limited to the following: employment,
upgrading, demotion, or termination; recruitment or recruitment
advertising; layoff or termination; rates of pay, or other forms
of compensation; and selection for training, including
apprenticeship.
4 . 9 CONFLICT OF INTEREST
The Consultant covenants that it presently has no interest and
shall not acquire any interest, direct or indirectly which should
conflict in any manner or degree with the performance of the
Services. The Consultant further covenants that in the
performance of this Agreement, no person having any such interest
shall knowingly be employed by the Consultant.
No member of or delegate to the Congress of the United States
shall be admitted to any share or part of this Agreement or to any
benefits arising therefrom.
4 . 10 PATENT RIGHTS; COPYRIGHTS; CONFIDENTIAL FINDINGS
Any patentable result arising out of this Agreement, as well as
all information, design specifications, processes, data and
findings, shall be made available to the City for public use.
-6-
No reports, maps, other documents, articles or devices produced in
whole or in part under this Agreement shall be the subject of any
application for copyright or patent by or on behalf of the
Consultant or its employees or subcontractors.
4 . 11 PROFESSIONAL LIABILITY INSURANCE COVERAGE
The consultant shall deliver to the City, within ten (10) days of
the execution of this agreement, a certificate of insurance (and
a certified copy of the policy) showing professional liability
coverage in the amount of $1, 000, 000 per occurance. The consultant
agrees to maintain such professional liability coverage during the
term of this agreement.
4 . 12 NOTICES
All communications relating to the day-to-day activities shall be
exchanged between the Project Manager appointed by Consultant and
the Project Coordinator designated by the City. The Consultant' s
Project Manager and the City' s Project Coordinator shall be
designated promptly upon commencement of the Services.
All other notices and communications in writing required or
permitted hereunder may be delivered personally to the
representatives of the Consultant and the City listed below or may
be mailed by registered mail, postage prepaid (or airmailed if
addressed to an address outside of the city of dispatch) . Until
changed by notice in writing, all, such notices and communications
shall be addressed as follows:
TO CONSULTANT: Irwin I . Glick
Senior Prlincipal
Management Advisory Svcs. Inc.
LAVENTHOL & HORWATH
Two Alhambra Plaza
Coral Gables, Fl 33134
TO CITY: City Manager
City of Miami Beach
City Hall , 4th Floor
1700 Convention Center Drive
Miami Beach, FL 33139
Notices hereunder shall be effective:
If delivered personally, on delivery; if mailed to an
address in the city of dispatch, on the day following the
date mailed; and if mailed to an address outside the city
of dispatch on the seventh day following the date mailed.
-7-
4 . 13 LITIGATION JURISDICTION
Any litigation between the parties, arising of, or in connection
with this Agreement, shall be initiated either in the court system
of the State of Florida or the United States District Court for the
Southern District of Florida.
4 . 14 ENTIRETY OF AGREEMENT
This writing, the Request for Proposal (RFP) , the Proposal and the
Consultant' s Scope of Services dated November 10, 1989 embody the
entire Agreement and understanding between the parties hereto, and
there are no other agreements and understandings, oral or written
with reference to the subject matter hereof that are not merged
herein and superseded hereby. The RFP, the Proposal and the Scope
of Services dated November 10, 1989, are hereby incorporated by
reference into this Agreement to the extent that the terms and
conditions contained in the RFP, the Proposal and the Scope of
Services dated November 10, 1989 , are consistent with the
Agreement. To the extent that any term in the RFP, or the Scope
of Services dated November 10, 1989 , is inconsistent with this
Agreement, this Agreement including the Scope of Services dated
November 10, 1989 , shall prevail .
No alteration, change, or modification of the terms of this
Agreement shall be valid unless amended in writing, signed by both
parties hereto, and approved by the City Commission of the City of
Miami Beach.
This Agreement, regardless of where executed, shall be governed by
and construed according to the laws of the State of Florida.
-8-
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed by their appropriate officials, as of the date first
entered above.
FOR CITY CITY OF MIAMI BEACH
ATTEST:
l
. --11///,-=,/ z%i/1674/1 By: ... : 6--j1L- ___________
City Clerk Vice-Mayor \'1
FOR CONSULTANT: LAVENTHOL & HORWATH
By: 0,, - 0.-qegcli
resin I. Glick
Senior Principal
ATTEST:
FORM APPROVEDBy: At
�, a)11-66/").-)LEGAL DEPT.
E3,6i?g. .,,„ -, :„.„.___4_,I,..4....4„,...,---
Date -2N90
-9-
-0T-
1
saoinias 30 moos - Y sianixa
ll
O R.
RESOLUTIO.4 NO. 90-1989C
Authorizing the Mayor and City Clerk to
execute a professional services agreement
with Laventhol & Horwath for a Convention
Center Hotel Feasibility Study.
Y