93-20878 RESO Incomplete
RESOLUTION NO. 93-20878
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, WAIVING THE COMPETITIVE BIDDING
REQUIREMENT PURSUANT TO SECTION 31-A, MIAMI BEACH CITY
CODE, BY A 5/7 VOTE OF THE MAYOR AND CITY COMMISSION;
APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE
CITY OF MIAMI BEACH AND THOMAS INTERNATIONAL GROUP FOR
THE RECOVERY OF HURRICANE ANDREW FUNDS, AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE SAME.
WHEREAS, as a result of Hurricane Andrew, the City of Miami
Beach has suffered severe financial losses resulting from damage to
city properties, costs for clean-up and tree removal, and other
additional expenses and lost revenues; and
WHEREAS, the city Administration has been pursuing financial
recoveries from its property insurance carrier (IIU) for the
aforestated losses, as well as from FEMA and other available
sources of damage recovery; and
,
WHEREAS, Thomas International Group ("Consultant") specializes
and is experienced in recovering monies for damages associated with
natural disasters and other potentially large claims; and
WHEREAS, Consultant's unique and singular expertise in dealing
with insurance companies, FEMA and other state and Federal agencies
will enable the City to maximize the amount of recoverable funds to
which it is entitled as a result of Hurricane Andrew; and
WHEREAS, the Administration has negotiated the attached
Agreement and recommends it for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF CITY OF MIAMI BEACH, FLORIDA:
1. The attached Professional Services Agreement between the
City of Miami Beach and Thomas International Group for
the recovery of Hurricane Andrew funds is herein
approved, and the Mayor and city Clerk are authorized to
execute same.
2. Due to the unique and singular nature of Consultant's
expertise in handling and processing insurance claims in
the area and of the nature set forth herein, and as
referenced by the attached Agreement, the Mayor and City
commission hereby waive, by a 5/7 vote, the competitive
bidding requirements under Section 31-A of the Miami
Beach City Code.
PASSED and ADOPTED this
8th
day of
September
, 1993.
.
MAYOR
ATTEST:
CITY CLERK
c:\wp51\data\thomint.res
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH (CITY)
AND THOMAS INTERNATIONAL GROUP (CONTRACTOR)
FOR RECOVERY OF HURRICANE ANDREW FUNDS
THIS AGREEMENT made this
day of
, 1993
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 THOMAS INTERNATIONAL GROUP, hereinafter called the
"Contractor".
WITNESSETH
That the CITY and the CONTRACTOR, for the consideration
herein set forth, agree as follows:
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48
M'~~~~_R-l-~ -I
9-'d-93
DATE
Agreement:
City Manager:
Contractor:
Final Acceptance:
Project
Coordinator:
SECTION 1
DEFINITIONS
This written Agreement between the city and
the Contractor.
"city Manager" means the Chief Administrative
Officer of the city.
For the purposes of this Agreement,
"Contractor" shall be deemed to be an
independent contractor, and not an agent or
employee of the City.
"Final Acceptance" means notice from the City
to the Contractor that the Contractor's
Services are complete as provided in section
4.9 of this Agreement.
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.
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49
services:
All services, work and actions by the
Contractor performed pursuant to the Scope of
Services.
Termination:
Termiriation of Contractor Services as
provided in section 4.10 of this Agreement.
SECTION 2
SCOPE OF SERVICES TO BE PERFORMED
The scope of services to be performed by the Contractor
under this Agreement is for the purpose of maximizing theCity's
recovery of potential funds available for damages resulting from
Hurricane Andrew.
The potential sources of recovery are as
follows:
1) Insurance claims for damages to insured city buildings;
2) FEMA claims, for all other recoverable hurricane
damages not covered by insurance; and
3) Any and all other sources of recovery available to the
city through various state and federal agencies,
The Contractor is granted authority by the City to pursue
recovery of all funds available to the City that remain unclaimed
at the time of the commencement of this Agreement. The
Contractor will perform all work necessary to assess, document,
and submit all claims for recovery and negotiate, on behalf of
the City, the settlement of those claims.
Any recovery
settlements for amounts less that 100% of the City's documented
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50
damages would require the additional approval of the city Manager
or his designee.
The Contractor will submit a written status report to the City
every thirty (30) days advising of the status of the recoveries
from the above stated sources, the amounts recovered, expected
future recoveries, and the anticipated dates of future
recoveries.
SECTION 3
COMPENSATION
3.1 DETERMINATION OF CONTRACTOR'S COMPENSATION
The Contractor will only receive compensation if it is
successful in recovering funds for the City that exceed the
expected recoveries indicated; for which such claims will be
filed no later than 9/30/93:
1) The Contractor will receive 7 1/2\ of any recovered
amounts it secures for the city from the City's
insurance carrier; in excess of $1.8 million. (This
$1. 8 million being the amount that has already been
heretofore claimed by the City)
2) The Contractor will receive 7 1/2\ of any recovered
amounts it secures from FEMA in excess of $4 million.
($4 million being the amount that has already been
heretofore claimed by the City)
3) The Contractor will receive 7 1/2\ of all funds the
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Contractor is successful in recovering from any state
and federal sources which heretofore have been
unclaimed by the City as of the date of execution of
this Agreement.
3 . 2 METHOD OF PAYMENT
The City will pay the Contractor within thirty (30)
days of the City's receipt of the above funds (See paragraph
3.1) .
SECTION 4
GENERAL PROVISIONS
4.1 RESPONSIBILITY OF THE CONTRACTOR
with respect to the performance of the Services, the
Contractor shall exercise that degree of skill, care, efficiency
and diligence normally exercised by recognized professionals with
respect to the performance of comparable Services. In its
performance of the Services, the Contractor shall comply with all
applicable laws and ordinances, including but not limited to
applicable regulations of the City, County, State, Federal
Government, ADA, EEO Regulations and Guidelines.
4 . 2 PUBLIC ENTITY CRIMES
state of Florida Form PUR 7068, Sworn Statement under
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52
Section 287.133 (3) (a) Florida statute on Public Entity Crimes,
see attached.
4 . 3 PROJECT MANAGEMENT
The Contractor ahall appoint a qualitied individual
acceptable to the City to serve as Project Manager for the
services who shall be fully responsible for the day-to-day
activities under this Agreement and who shall serve as the
primary contact for the city's Project Coordinator.
4.4 TERM OF AGREEMENT/TERMINATION FOR CONVENIENCE
The services provided by the Contractor are not to
exceed a duration of one year unless extended in writing by the
City. The City, at its sole discretion, may terminate this
Agreement for convenience with thirty (30) days advance written
notice to the Contractor.
4.5 NOTICE TO PROCEED
Unless directed by the City otherwise, the Contractor
shall proceed with the work only upon issuance of a Notice to
Proceed by the City.
4 . 6 OWNERSHIP OF DOCUMENTS AND EOUIPMENT
All documents prepared by the Contractor pursuant to
this Agreement, are related exclusively to the Services described
herein. They are intended or represented to be suitable for re-
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53
use by the City and are the property of the city.
4.7 INDEMNIFICATION
Contractor agrees to indemnify and hold harmless, the
City of Miami Beaoh and it. offioers, employ... and aqents, from
and against any and all actions, claims, liabilities, losses, and
expenses, including, but not limited to, attorneys' fees, for
personal, economic or bodily injury, wrongful death, loss of or
damage to property, in law or in equity, which may arise or be
alleged to have arisen from the negligent acts or omission or
other wrongful conduct of the contractor, employees, or agents in
connection with the Contractor's performance of Services pursuant
to this Agreement; and to that extent, the Contractor shall pay
all such claims and losses and shall pay all such costs and
judgments which may issue from any lawsuit arising from such
claims and losses, and shall pay all costs and attorneys fees
expended by the City in the defense of such claims and losses,
including appeals. The parties agree that one percent (1%) of
the total Compensation to the Contractor for performance of this
Agreement is the specific consideration from the City to the
Contractor for the Contractor's Indemnity Agreement.
The Contractor's obl igation under this article shall
not include the obligation to indemnify the City of Miami Beach
and its officers, employees and agents, from and against any
actions or claims which arise or are alleged. to have arisen from
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54
negligent acts or omissions or other wronl;Jful conduct of the City
and its officers, employees and agents. The parties each agree
to give the other party prompt notice of any claim coming to its
knowledge that in any way directlY or indirectly affects the
other party.
4.8 INSURANCE REOUI~S
The contractor, prior to commencement of any work
associated with this Agreement, will provide certificates of
insurance to the City of _professional liability insurance
coverage in the amount of $lmillioi1($l,OOO,OOO) per occurrence.
This evidence of insurance must be submitted .to and approved by
the City's Risk Manager and must be maintained for tne entire
duration of this Agreement.
All insurance policies must be issued by companies
authorized to do business under the laws of the state of Florida.
The companies must be rated no less than "B+" as to management
and not less than "Class VI" as to strength by the latest edition
of Best's Insurance Guide. Compliance with the foregoing
requirements shall not relieve the Contractor of the liabilities
and obligations under this Section or under any other portion of
this Agreement, and the City shall have the right to obtain from
the Contractor specimen copies of the insurance policies in the
event that submitted certificates of insurance are inadequate to
ascertain compliance with required coverages.
All of Contractor's certificates, above, shall contain
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endorsements providing that written notice shall be given to the
city at least thirty (30) days prior to termination, cancellation
or reduction in coverage in the policy.
4.9 FINAL ACCEPTANCE
When the Contractor's Services have been completed, the
Contractor shall so advise the City in writing. Final Acceptance
shall not constitute a waiver or abandonment of any rights to
remedies available to the City under any other section of this
Agreement.
4.10
TERMINATION FOR DEFAULT
If through any cause within the reasonable control of
the contractor, the Contractor 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 Contractor of such
termination which shall become effective upon receipt by the
Contractor of the written termination notice.
In that event, all finished and unfinished documents,
data, studies, surveys, drawings, maps, models, photographs,
reports and other work products prepared by the Contractor and
its employees shall be properly delivered to the city and the
City shall compensate the Contractor in accordance with section 3
for all Services performed by the Contractor prior to
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Termination.
4.11 ASSIGNMENT. TRANSFER OR SUBCONTRACTING
The Contractor 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 Contractor shall cause the names of the
contracting firms responsible for the major portions of each
separate specialty of the work to be inserted into the pertinent
documents or data. The Contractor shall include in such
subcontracts the appropriate versions of the Sections of this
Agreement as are necessary to carry out the intent of this
Agreement, as instructed by the City.
4.12 CONFLICT OF INTEREST
The Contractor agrees to adhere to and be governed
by the Metropolitan Dade county Conflict of Interest Ordinance
(NO. 72-82), as amended; and by the City of Miami Beach Charter
and Code, which are incorporated by reference herein as if fully
set forth herein, in connection with the contract conditions
hereunder.
The Contractor 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 Contractor further covenants
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that in the performance of this Agreement, no person having any
such interest shall knowingly be employed by the Contractor. 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.
4.13
NOTICES
All communication relating to the day-to-day
activities shall be exchanged between the Project Manager
appointed by Contractor and the Project Coordinator designated by
the City Manager.
All other notices and communications in writing
required or permitted hereunder may be delivered personally to
the representatives of the Contractor 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 CONTRACTOR:
Gary Thomas
Thomas International Group
11900 Biscayne Blvd, suite 514
North Miami, Fl. 33181
305-895-7400
TO CITY:
City Manager
City of Miami Beach
City Hall, 4th Floor
1700 Convention Center Dr.
Miami Beach, Fl. 33139
305-673-7010
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WITH COPIES TO:
Office of the city Attorney
City of Miami Beach
1700 Convention Center Dr.
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.
4.14
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.
4.15
ENTIRETY OF AGREEMENT
This writing and the Scope of Services 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.
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.
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This Agreement, regardless of where executed,
shall be governed by and construed. according' to the laws of the
state of Florida.
4.16
LIMITATION OF CITY'S. LIABILITY
The city de.ire. to enter into thi. Agreement only
if in so doing the city can place a limit on the city's liability
for any cause of action for money damages due to an alleged
breach by the city of this Agreement, so that its liability for
any such breach never exceeds.the sum often thousand and nO/100
dollars
($10,000.00) .
Contractor hereby. "expresses its
willingness to enter into this Ag'reement with Contractor's
recovery from the city for any damage action for breach of
contract to be limited to a maximum amount of $10,000.00 less the
amount of all funds actually paid by the City to Contractor
pursuant to this agreement.
Accordingly, and notwithstanding any other term or
. .
condition of this Agreement, Contractor hereby agrees that the
City shall not be liable to the Contractor for damages in .an
amount in excess of $10,000.00 which amount shall be reduced by
the amount actually paid by the City to Contractor pursuarit to
this agreement, for any action or claim for breach of contract.
arising out of the performance or non-performance of any
Obligations imposed upon the City by this Agreement.
Nothing
contained in this paragraph or elsewhere in this Agreement is in
any way intended to be a waiver of the limitation placed upon
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(I
city's liability as set forth in Florida statutes, Section
768.28.
4 . 17 ARBITRATION
Any controv.rey or claim for money damaq.. arieinq
out of or relating to this Agreement, or the breach hereof, shall
be settled by arbitration in accordance with the Commercial
,Arbitration Rules of the American Arbitration Association, and
the arbitration award shall be final and binding upon the parties
hereto and subject to no appeal, and shall deal with the question
of the costs of arbitration and all matters related thereto. In
that regard, the parties shall mutually select one arbitrator,
but to the extent the parties cannot agree upon the arbitrator,
then the American Arbitration Association shall appoint one.
Judgement upon the award rendered may be entered into any court
having jurisdiction, or application may be made to such court for
an order of enforcement. Any controversy or claim other than a
controversy or claim for money damages arising out of or relating
to this Agreement, or the breach hereof, including any
controversy or claim relating to the right to specific
performance shall be settled by litigation and not arbitration.
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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:
By:
By:
Seymour Gelber, Mayor
City Clerk
FOR CONTRACTOR
THOMAS INTERNATIONAL GROUP
WITNESS:
By:
Gary Thomas
,
APPROVED AS TO FORM:)
\ \ /'
"'fi~.->-</ (/;;"::<1 c<?tf!/
Legal Departmen~
l!-;j I~J
Date I
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62
~WOR:-; STATL\II:'T 1.:-;ULR ~LL'TlO'" ~S7.133/3l(""
rLOIUUA STATVTLS. 01'; I'l'IlLlC ENTIn. CRIMES
THIS FORM MUST liE SIGNEU IN THE PRESENCE or A NOTARY PUBLIC OR OTIIER OffiCER
AUTHORIZED TO ADMINISTER OATHS.
I. This sworn Slatement is submitted with Bid. Proposal or Contract No.
for
2.
This sworn statement is submitted by
[name oC entity submltUnl sworn statement]
whose business address is
aDd
(If applicable) ilS Federal Employer IdentificatioD Number (FEIN) is
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
statemeDt:
.)
3.
My name is
and my rela tionship to the
[please print name of IDdlvldual slgniDg]
entity named above is
4. I understand that a "public eDtity crime" as defined in Paragraph 287.133(I)(g), Florid. Statutes
meaDS a violatioD of any state or federal law by a persoD with respect to and directly related to the
transaction of business with any public entity or with aD agency or poll tical subdivision of any other
state or with the United States, includiDg, but not limited 10, aDY bid or contract for goods or
services to be provided to any public enlity or an ageDcy or political subdivisioD of any olher slale
or of the Uniled States and involving anliUllSl, fraud, theft, bribery, collusion, rackeleering.
conspiracy, or material misrepresentation.
5. I understand that .convicted" or "convictioD' as defiDed in Paragraph 287.133(1)(b), Florida Statutes,
means a fiDdin~ of guilt or a convictioD of a public eDtity crime, with or without an adjudicatioD of
guilt, iD aDY federal or state trial court of record relating to charges brought by indictment or
information after July I, 1989, as a result of a jury verdicI, DODjwy trial, or eDtry of a plea of guilty
or nolo contendere.
6. I understand that aD 'affillate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
I. ..>. predecessor or successor of a persoD CODvicted of a public eDtity crime: or
2. An entity under the control of any Datural persoD who is actiVe in themanagemeDt of the
entil)' and who ha, beeD CODvicled of a public eDtity crime. The term "afliIJate" includes those
officers, direclors, ""ecutives. partners. shareholders, employees, members, aDd agents who are active
in the management of aD affiliate. The ownership by ODe persoD of shares constituting a coDtrolling
interest in another persoD, or a pooling of equipmeDt or income amoDg persons when DOt for fair
market volue under aD arm's length agreement, shall be a prima facie case that ODe persoD coDtrols
another person. A person who knowingly enters into a joinl veDture with a person who has been
convicled of a public eDtity crime in Aorida during the preceding 36 mODths shall be considered aD
affiliate.
7, I understand that a "person" as defined in Paragraph 287.133(1)(e), florida Statutes means any
natural person or entity organized UDder the laws of any state or of the Uniled Stales wilh Ihe legal
power to enter inlo a binding conlract and whicb bids or applies to bid OD coDtracts for Ihe provision
of goods or services lei by a puhlic entity, or which olherwise transacts or applies to transacI business
with a public entity. The term 'person" includes those officers, directors, executives, panners,
shareholders. employees, members, and agents who are active in maDagement of an entity.
8. Based on informallon and belief, the statement wbich I have marked below is true in relation to tbe
entity submitting lhis sworn statement. [Please indicate which statement applies.]
:Ji 63
:\clther thl' cnlit\' submitting thIS sworn !\lalement, nor an\" off1l..:.Cr~. JIrl.~;.:tor~. i.::\(;(Utl\'t;:"l,
partners. shareholders. e'mployees. memtlcrs. or agents who are aCl1\,'e in management oj tht: ent:ty.
nor any affihale of the entity have bl'..:n charged with and convicted uf a public entIt~ ..:rlm..::
subsequent to July I. 1989.
The entity submitting this sworn statement. or one or more of the officers. l.lirectors.
executives. panners. shareholders. employees, members. or agents who are active in management of
the entity. or an affiliate of the entIty has been charged with and convicted of a public entity crime
subsequent to July 1, 1989, Al:il2 [Please indicate which additional statement applies.]
_ There hIS been a proceeding concerning the conviction betore a hearing officer of
the State of Florida. Division of Administrative Hearings. The linal order entered by the
hearing officer did not place the person or affiliate on the convicted vendor list. [Please
attach a copy or 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.]
[slanature]
Date:
STATE OF
COUNTY OF
[name of indlvldual signing]
PERSONALLY APPEARED BEFORE ME, lbe undersigned authority.
who, after first being swom by me, affixed hislber signature
in the space provided above on this
day of
. 19
NOTARY PUBUC
My commission expires:
For::1 PUR 7068 (Rev. 11/89)
64
RESOLUTION NO:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, WAIVING THE COMPETITIVE BIDDING
REQUIREMENT PURSUANT TO SECTION 31-A, MIAMI BEACH CITY
CODE, BY A 5/7 VOTE OF THE MAYOR AND CITY COMMISSION:
APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE
CITY OF MIAMI BEACH AND THOMAS INTERNATIONAL GROUP FOR
THE RECOVERY OF HURRICANE ANDREW FUNDS, AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE SAME.
WHEREAS, as a result of Hurricane Andrew, the City of Miami
Beach has suffered severe financial losses resulting from damage to
City properties, costs for Clean-up and tree removal, and other
additional expenses and lost revenues; and
WHEREAS, the City Administration has been pursuing financial
recoveries from its property insurance carrier (IRI) for the
aforestated losses, as well as from FEMA and other available
sources of damage recovery; and
WHEREAS, Thomas International Group ("Consultant") specializes
and is experienced in recovering monies for damages associated with
natural disasters and other potentially large claims; and
WHEREAS, Consultant's unique and singular expertise in dealing
with insurance companies, FEMA and other state and Federal agencies
will enable the City to maximize the amount of recoverable funds to
which it is entitled as a result of Hurricane Andrew; and
WHEREAS, the Administration has negotiated the attached
Agreement and recommends it for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF CITY OF MIAMI BEACH, FLORIDA:
1. The attached Professional Services Agreement between the
City of Miami Beach and Thomas International Group for
the recovery of Hurricane Andrew funds is herein
approved, and the Mayor and city Clerk are authorized to
execute same.
2. Due to the unique and singular nature of Consultant's
expertise in handling and processing insurance claims in
the area and of the nature set forth herein, and as
referenced by the attached Agreement, the Mayor and City
commission hereby waive, by a 5/7 vote, the competitive
bidding requirements under Section 31-A of the Miami
Beach city Code.
PASSED and ADOPTED this
day of
, 1993.
MAYOR
ATTEST:
FORM APPROV[D
LE~,l DEPT. (~
By\_ J!ff,VV'"", ~Pc/
Date ~f/"\/ /'-->;?
CITY CLERK
c:\wp51\data\thomint.res
RESOLUTIOS NO:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, WAIVING THE COMPETITIVE BIDDING
REQUIREMENT PURSUANT TO SECTION 31-A, MIAMI BEACH CITY
CODE, BY A 5/7 VOTE OF THE MAYOR AND CITY COMMISSION;
APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE
CITY OF MIAMI BEACH AND THOMAS INTERNATIONAL GROUP FOR
THE RECOVERY OF HURRICANE ANDREW FUNDS, AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE SAME.
WHEREAS, as a result of Hurricane Andrew, the city of Miami
Beach has suffered severe financial losses resulting from damage to
City properties, costs for Clean-up and tree removal, and other
additional expenses and lost revenues; and
WHEREAS, the City Administration has been pursuing financial
recoveries from its property insurance carrier (IIU) for the
aforestated losses, as well as from FEMA and other available
sources of damage recovery; and
WHEREAS, Thomas International Group ("Consultant") specializes
and is experienced in recovering monies for damages associated with
natural disasters and other potentially large claims; and
WHEREAS, Consultant I s unique and singular expertise in dealing
with insurance companies, FEMA and other state and Federal agencies
will enable the City to maximize the amount of recoverable funds to
which it is entitled as a result of Hurricane Andrew; and
WHEREAS, the Administration has negotiated the attached
Agreement and recommends it for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF CITY OF MIAMI BEACH, FLORIDA:
1.
The attached Professional services Agreement between the
city of Miami Beach and Thomas International Group for
the recovery of Hurricane Andrew funds is herein
approved, and the Mayor and City Clerk are authorized to
execute same.
:/
2.
Due to the unique and singular nature of Consultant's
expertise in handling and processing insurance claims in
the area and of the nature set forth herein, and as
referenced by the attached Agreement, the Mayor and city
commission hereby waive, by a 5/7 vote, the competitive
bidding requirements under Section 31-A of the Miami
Beach City Code.
PASSED and ADOPTED this
day of
, 1993.
MAYOR
ATTEST:
CITY CLERK
FORM APPROV~D .
LE~DEPT. W
'" \. ,(~ k N'i" c:? 'V"
Date (/;I~\J /'->;?
c:\wp51\data\thomint.res
CITY OF
MIAMi BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER
COMMISSION MEMORANDUM NO.
~7~-q3
TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
TO:
Mayor Seymour Gelber and
Members of the C~y Commission
DATE: September 8, 1993
FROM:
Roger M. Cartlo{)' - n 1--'
C~y Manager ~
SUBJECT:
APPROVAL TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND THOMAS INT'L GROUP
FOR THE RECOVERY OF HURRICANE ANDREW FUNDS
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City commission waive the
competitive bid process and approve the professional services
agreement with Thomas International Group to provide services to
maximize the recovery of funds available for damages reSUlting
from Hurricane Andrew.
BACKGROUND:
As a result of Hurricane Andrew, the city of Miami Beach has
suffered financial losses resulting from damages to city
properties, clean up and debris removal, extra expenses and lost
revenue. The necessary determination and documentation of these
losses have continued since the storm. City staff have been
pursuing recoveries from our property insurance carrier (IRI) for
damages to city buildings and from FEMA for all other recoverable
damages.
ANALYSIS:
Thomas International Group specializes in and is experienced in
recovering for damages associated with disasters or large claims.
The Administration believes their unique expertise in dealing with
insurance companies, FEMA and state and Federal agencies will
enable the City of Miami Beach to maximize our recovery of funds
available for such catastrophes. Their knowledge of FEMA recovery
and the recovery of available state and Federal funds separates
their services from other independent adjusting companies who do
not have those capabilities.
This agreement compensates Thomas International Group only if they
are successful in recovering funds we would not have received in
our sole effort. Additionally, the negotiated compensation rate of
7 1/2% of recovered funds is balow the normal industry rate of 10%
for these services. . Approval of this agreement as soon as
possible would enable us to more quickly recover the substantial
amount of outstanding funds.
CONCLUSION:
This agreement and resolution should be approved to expedite and
maximize our recovery of all available funds for hurricane related
damage.
We feel it is necessary to waive competitive. bidding to expedite
this process due to .thetime constraints associated with securing
state and federal funds available (must be done by March 199~). 46
AGENDA
ITEM
R~
q- '2-13
DATE