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RESOLUTION 90-20131 RESOLUTION N0. 90-20131 A RESOLUTION OF THE CITY COP?IMISSION OF THE CITY OF h1IAMI BEACH, FLORIDA AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF P9IAMI BEACH, FLORIDA AND THE MIAMI BEACH REDEVELOPMENT AGENCY FOR THE PROVISION OF MANAGERIAL AND ADfd1INISTRATIVE SERVICES. The Managerial and Administrative Services consist .of: Direct reimbursement for salaries and benefits of assigned employees $199,000 Indirect reimbursement for involvement of other City departments and overhead 57 ,500 Printing and office supplies 10,000 $276,000 This Resolution rescinds all previous resolutions relating to the Management Agreement and amendments between the City and the Agency. WHEREAS, the Miami Beach Redevelopment Agency is desirous of obtaining from the City of Miami Beach the necessary managerial and administrative services for the proper administration of the Agency; and WHEREAS, such services are outlined in the Agreement which is attached hereto and made a part thereof; and WHEREAS, the Agency Attorney has approved said Agreement as to form and the Executive Director has recommended its execution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF MIAP1I BEACH that the Mayor and the City Clerk are authorized to execute the Agreement between the City of Miami Beach and the Miami Beach Redevelopment Agency for the provision of managerial and administrative services. PASSED AND ADOPTED this 10th day of October 1990. A /41100cA..... ATTEST: FORM APPROVED LEGAL DEPT. CLERK U By�a.�,,ft�gt-0),-, Date /6/V7.90, is e,,,e4v &ad FLORIDA 3 3 1 3 9 1,1 S*1INCOR ORATED)* n c Y ,4 C"A TIONL.4 ND U. S. A. " OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE ''• CITY MANAGER TELEPHONE: 6737010 645-90 COMMISSION MEMORANDUM NO. DATE: October 10, 1990 TO: Mayor Alex Daoud . • , Members of t - ity Com 'ssi• 'I # 4i FROM: Rob W. Park! • 9jjj City Manager �► � SUBJECT: AUTHORIZATION TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND THE MIAMI BEACH REDEVELOPMENT AGENCY CRESCINDING THE EXISTING AGREEMENT) ry Due to increased activity of the Miami Beach Redevelopment Agency and the increased Managerial and Administrative services performed by the City as a result of the increased activity, it has become necessary to execute a new Agreement for Managerial and Administrative services between the City and the Agency. The Proposed Resolution would provide the Mayor and City Clerk the authority to execute this Agreement. ..Y ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission approve the attached Proposed Resolution authorizing the Mayor and City Clerk to execute the Agreement. RWP:RJN:sw Attachment T. •i 3S ,r. 14 s. AGENDA e � ITEM DATE I � AGREEMENT BETWEEN THE MIAMI BEACH REDEVELOPMENT AGENCY AND THE CITY OF MIAMI BEACH FOR THE PROVISION OF MANAGERIAL AND ADMINISTRATIVE SERVICES THIS AGREEMENT, made and entered into this 1st day of October, 1990 by and between the Miami Beach Redevelopment Agency, hereinafter referred to as AGENCY, and the City of Miami Beach,a municipality incorporated in the State of Florida, hereinafter referred to as CITY. WITNESSETH WHEREAS, the AGENCY is engaged in guiding and developing policy and encouraging the economic development of Miami Beach; and WHEREAS, the AGENCY does not have the necessary personnel required to provide managerial and administrative services for the general management of the various projects identified for implementation; and WHEREAS, the AGENCY is desirous of obtaining the necessary managerial and administrative services necessary to allow the proper administration of the AGENCY; and WHEREAS, the CITY possesses the necessary managerial and administrative personnel experienced in public and municipal policies and financing; and WHEREAS, the CITY is desirous of providing such services; NOW THEREFORE, in consideration of the aforementioned and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually agreed as follows: SECTION I: SCOPE OF SERVICES The relationship of the CITY to the AGENCY will be that of a professional manager, and that the CITY will provide managerial and administrative services required under this agreement in accordance with acceptable municipal managerial and administrative practices and ethical standards. These services shall include but not be limited to: 1. The Office of the City Manager shall provide executive personnel for overall direction and administration of the AGENCY, which will manage and administer all functions of the AGENCY. 2. The City Attorney shall provide legal services and direct and guide all outside legal counsel in accordance with the Executive Director's policies. 3. The City Clerk shall transcribe the minutes of all official meetings of the AGENCY and maintain the official minutes of such AGENCY meetings. 4. The Department of Economic Development shall assist in developer solicitation and project packaging. 5. The Finance Department shall provide the necessary skills and expertise to provide the proper accounting for all financial transactions, compilations and analyses; and will coordinate and oversee the completion of the annual audit. The Finance Department shall also prepare the annual budget of the Agency. 6. The City shall provide the office space necessary for the AGENCY. SECTION II: TERM OF AGREEMENT The term of this agreement shall be from October 1, 1990 through September 30, 1991 and shall be renewable on an annual basis. SECTION III: GENERAL CONSIDERATIONS 1. All documents, plans and reports which result from the CITY'S service under the terms of this Agreement shall become the property of the AGENCY. 2. The CITY and the AGENCY each binds itself and its successors, legal representatives and assigns to the other party of this Agreement, in respect to all covenants to this Agreement; and, neither the CITY nor the AGENCY will assign or transfer their interest in this Agreement without the written consent of the other. SECTION IV: COMPENSATION The CITY shall be compensated for all services rendered under this Agreement in the amount of Two Hundred and Seventy Six Thousand Dollars ($276,000), for the first year of the Agreement, with a 5% escalation upon each annual renewal. An annual cap of $350,000 is placed on total compensation under this Agreement. SECTION V: TERMINATION This Agreement may be terminated by either party by giving not less than sixty days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If this Agreement is terminated, the CITY shall be paid a pro-rated amount for tasks completed up to the date of termination. SECTION VI: EXTENSION The scope of services and terms of this Agreement can be extended by the Executive Director of the AGENCY for additional services, when determined by the Executive Director to be necessary, provided, however, that if such extension results in an increase of the CITY'S compensation, such extension shall require the prior approval of the City Commission expressed by passage of an appropriate resolution. (See Section IV for compensation cap. ) SECTION VII: NOTICES All written communications relating to the day-to-day activities called for under the terms of this Agreement shall be exchanged between the respective representatives of the AGENCY and the CITY, which representatives are designated as follows: AGENCY: Executive Director Miami Beach Redevelopment Agency 1700 Convention Center Drive Miami Beach, Florida 33139 CITY: City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 331329 IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day, month and year first above written. AGENCY• MIAMI BEACH REDEVELOPv NT A ' NCY IF *dea BY: :t:..!4� Ex,/ utive Dire or Attest: W • eltc-1Secretary CITY: CITY OF MI. ' :EACH BY: / J f � � dr I I P.Mayor Attest: FORM APPROVED Vv\- USL"Y LEGAL DEPT. L,City Clerk 3 Date / '4/9v ORIGINAL RESOLUTION NO. 90-20131 Authorizing the Mayor and the City Clerk to execute an agreement between the City of Miami Beach, Florida and the Miami Beach Redevelopment Agency for the pro- vision of managerial and administrative services.