HomeMy WebLinkAboutR-96-0556J-96-676
7/25/96
RESOLUTION NO. 9 6 - 556
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH
BERMELLO AJAMIL AND PARTNERS FOR PROFESSIONAL
PLANNING SERVICES FOR THE PURPOSE OF AMENDING
THE MIAMI DOWNTOWN DEVELOPMENT OF REGIONAL
IMPACT DEVELOPMENT ORDER, THROUGH A NOTICE OF
PROPOSED CHANGE STATE OF FLORIDA PROCESS, TO
ACCOMMODATE THE DEVELOPMENT OF AN ARENA THAT
MAY EXCEED A CAPACITY OF 20,000 SEATS;
ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT
TO EXCEED $34,000.00 FROM SPECIAL PROGRAMS
AND ACCOUNTS, ACCOUNT CODE NO. 921002-280 FOR
SAID SERVICES.
WHEREAS, on March 29, 1996, the City Commission adopted
Resolution No. 96-237, supporting the development of a new arena
in Downtown Miami; and
WHEREAS, the State of Florida requires compliance with
Chapter 380.06, Florida Statutes, for the developments of such
magnitude; and
WHEREAS, pursuant to Resolution Nos. 87-1148 and 87-1149
adopted by the City Commission on December 10, 1987, a Master
Development Order and Increment One of an Areawide Development of
Regional Impact were approved; and
WHEREAS, in order to facilitate the development of the new
arena, adjustments need to be made to the existing development
order for the Miami Downtown Development of Regional Impact; and
ATTACHMENT IS)
CONTAINED
CITY COMMISSION
MEETING OF
J U L. 2 6 1996
Resolution No.
96- 556
WHEREAS, to amend the Development Order with the necessary
technical reports and to rebut any presumption of substantial
deviation, it is recommended that the City Manager be authorized
to negotiate and immediately execute the necessary agreement with
Bermello Ajamil and Partners, for said planning services;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
i
thereto and incorporated herein as if fully set forth in this
Section.
}
Section 2. The City Manager is hereby authorized!' to
execute an agreement, in substantially the attached form, with
Bermello Ajamil and Partners, for professional planning services
for the purpose of amending the Miami Downtown Development of
t Regional Impact Development Order, through a Notice of Proposed
j Change State of Florida Process, to accommodate the development
of an arena that may exceed a capacity of 20,000 seats, with
funds therefor, in an amount not to exceed $34,000, hereby
allocated from Special Programs and Accounts, Account Code
No. 921002-280 for said services.
i� The herein authorization is further subject to complianc=
with all requirements that may be imposed by the Cit,
Attorney, including but not limited to those prescribed b°
applicable City Charter and Code provisions.
2 -
96--
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 25th day of July, 1996.
ATTE .
WALTER F
CITY CLERK
FINAN AND3UUDGETARY REVIEW:
iUaOH9R S.SURANA
ASSISTANT CITY MANAGER
PREPARED AND APPROVED BY:
i OLGAl IREZ-SEI, ,AS
ASSISTANT CITY ATTOI}VEY
APPROVED AS TO /FORM AND CORRECTNESS:
CITY
W983:BSS:CS
- 3 -
96- 556
PROFESSIONAL SERVICES AGREEMENT
City of Miami
Downtown Development of Regional Impact
i
This Agreement entered into this day of , 1996, by and between
the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to
as "CITY", and , Bermello Ajamil and Partners, Inc., a Florida Corporation, hereinafter
referred to as "CONSULTANT."
WITNESSETH
WHEREAS, the City Commission of the City of Miami by Resolution No------,
adopted ------------, authorized the acquisition of professional services pertaining to the
Downtown Development Authority Development of Regional Impact Amendment
(herein known as the PROJECT) as defined hereunder; and
WHEREAS, the PROJECT requires specialized technical research skills
and the knowledge of State of Florida Growth Management Statutes; and
WHEREAS, the CONSULTANT is qualified to perform the project..
NOW, THEREFORE, in consideration of the mutual covenants and obligations
herein contained, and subject to the terms and conditions hereinafter stated, the parties
hereto understand and agree as follows:
8/5/96
10:32 AM
96- 5!
I. DEFINITIONS:
The following terms, as used in this agreement, shall have the following meanings.
CONSULTANT means Bermello Ajamil & Partners, Inc.
DEVELOPMENT OF REGIONAL IMPACT (DRI) as defined in Florida, under
Chapter 380.06 F.S.
DOWNTOWN DEVELOPMENT AUTHORITY AREAWIDE DEVELOPMENT
OF REGIONAL IMPACT STUDY (DDRI) means the DRI completed for the region of
the City of Miami impacted by the Downtown Development Authority.
PROJECT MANAGER means the Director of Community Planning and Revitalization,
or his designee, who shall function as the Manager of the project for the City. Rob Curtis
of Bermello Ajamil, who shall function as the manager for the CONSULTANT.
II. SCOPE OF WORK
Consultant will perform the services described in Exhibit A, attached hereto and
incorporated herein by reference.
III. TERM
The term of this Agreement shall be from July--,1996 through July --, 1997.
8/5/96
2
10:32 AM
96-- 5
IV. COMPENSATION
CITY shall pay CONSULTANT, as maximum compensation for the services required to
be performed hereunder, a sum not to exceed $34,000. The compensation shall be paid as
follows:
(a) Upon completion of Sub tasks 1.1-1.5 ( EXHIBIT A) ------- $15,000
(b) Upon completion of Sub Tasks 1.6-1.10 $9,500
(c) Upon completion of Sub Tasks 1.11-1.15. $9,500
Each payment shall be made by the City to the CONSULTANT within 30 days after the
City's acceptance of the work completed under this agreement.
Travel expenses to Tallahassee will be reimbursed on a case by case basis and will be
limited to two trips. Prior approval will be required.
Consultant shall be responsible for payment of all taxes and expenses such as income tax,
Social Security, health and major medical insurance, personal insurance and general
expenses in connection with this Agreement.
All payments required hereunder shall be made within 45 days following the City's
receipt of the corresponding invoice from the CONSULTANT together with a
certification by the Director for Community Planning and Revitalization that the work
has been performed to the satisfaction of the City.
8/5/96 3
10:32 AM
96- 556
V, COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Both parties shall comply with all applicable laws, ordinances and codes of federal, state
and local governments.
VI. SUBCONSULTANTS
The obligations undertaken by the CONSULTANT hereunder may include the
employment of sub-consultant(s) to perform specialties required for this PROJECT.
The CONSULTANT shall be responsible for all the work of its organization, and that of
its sub-consultant(s). Nothing contained in this Agreement shall create any contractual
relationship between any sub -consultant working for the CONSULTANT and the City. It
shall be understood that the CONSULTANT is in no way relieved of any responsibility
under the terms of this Agreement by virtue of any other professional who may associate
with it in performing the PROJECT.
VII. GENERAL CONDITIONS
A. All notices or other communications which shall or may be given pursuant
to this Agreement shall be in writing and shall be delivered by personal service, or
by certified mail addressed to the other party at the address indicated herein or as
the same may be changed from time to time. Such notice shall be deemed given on
the day on which personally served; or, if by mail, on the fifth day after being
posted or the date of actual receipt, whichever is earlier.
8/5/96 4 10:32 AM
9 6 - 5`-
CITY OF MIAMI
Community Planning and Revitalization
444 SW 2"" Ave., 3" Flr.
Miami, Florida, 33233
Attention: Jack Luft, AICP
CONSULTANT
Bermello Ajamil and Partners, Inc.
2601 South Bayshore Drive, 10"' Mr.
Miami, Florida 33135
ATTN: Rob Curtis, AICP
Director Project Manager
(305) 416-1400 (305) 859-2050
B. Title and section headings are for convenient reference and are not a part
8/5/96
of this Agreement.
C. In the event of conflict between the terms of this Agreement and any terms
or conditions contained in any attached documents, the terms in this Agreement
shall rule.
D. No waiver or breach of any provision of this Agreement shall constitute a
waiver of any subsequent breach of the same of any other provision hereof, and no
waiver shall be effective unless made in writing.
E. Should any provision, paragraph, sentence, word or phrase contained in
this Agreement be determined by a court of competent jurisdiction to be invalid,
illegal or otherwise unenforceable under the laws of the State of Florida or the City
of Miami, such provision, paragraph, sentence, word or phrase shall be deemed
modified to the extent necessary in order to conform with such laws, or if not
modifiable to conform with such laws, then same shall be deemed severable, and in
5
10:32 AM
96-
either event, the remaining terms and provisions of this Agreement shall remain
unmodified and in full force and effect.
VIII. OWNERSHIP OF DOCUMENTS
Consultant agrees that all information contained in documents developed by
CONSULTANT under this Agreement, shall be delivered to CITY by said
CONSULTANT upon completion of the services required pursuant to Section II hereof
and shall become the property of CITY, without restriction or limitation on their use.
Documents maintained and generated pursuant to Section II hereof shall become the
property of the CITY, without restrictions or limitations on their use.
CONSULTANT agrees that all documents maintained and generated pursuant to this
agreement shall be subject to all provisions of Public Records Law, Chapter 119, Florida
Statues.
It is further understood that any information, writings, maps, contract documents, reports,
or any other matter whatsoever which is given by CITY to CONSULTANT pursuant to
this Agreement shall at all times remain the property of the CITY and shall not be used
by CONSULTANT for any other purpose whatever without the written consent of CITY.
IX. NONDELEGABILITY
Except as provided for in SECTION VI above, the obligations undertaken by
CONSULTANT pursuant to this Agreement may not be delegated or assigned to any
other person or firm without the CITY's prior written consent.
$/5/96
6
10:32 AM
96- 556
X. AUDIT RIGHTS
The CITY reserves the right to audit the records of CONSULTANT pertaining to this the
Agreement at any time during the term hereof and for a period of three (3) years after
final payment is made hereunder.
XI. AWARD OF AGREEMENT
i
CONSULTANT warrants that it has not employed or retained any person employed by
the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or
agreed to pay persons employed by the City any fee, commission percentage, brokerage
fee, or gift of any kind contingent upon or resulting from the award of this Agreement.
XII. CONSTRUCTION OF AGREEMENT
This Agreement shalt be constructed and enforced according to the laws of the State of
Florida and venue shall lie in Dade County, Florida.
XIII. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the parties herein, their heirs, executors, legal
representatives, successors and assigns.
XIV. INDEMNIFICATION
CONSULTANT shall indemnify and save CITY harmless from and against any and all
claims, liabilities, losses, and causes of action which may arise out of performance of this
Agreement as a result of any error, omission or negligent act of the CONSULTANT, or
of any person acting for or on its behalf, and from and against any orders, judgments, or
decrees which may be entered in connection hereunder and from and against all costs,
attorneys' fees, expenses and liabilities incurred in the defense of any such claims, or in
8/5/96 7 10:32 AM
96-W
0
the investigation thereof. The CITY shall notify the CONSULTANT in writing
immediately upon receiving notice of any matters for which this indemnity provision
shall become applicable.
XV. CONFLICT OF INTEREST
A. CONSULTANT covenants that no person under its employ who presently
exercises any functions or responsibilities in connection with this Agreement has
any personal financial interests, direct or indirect, with CITY. CONSULTANT
further covenants that, in the performance of this Agreement, no person having
such conflicting interest shall be employed. Any such interests on the part of
CONSULTANT or its employees, must be disclosed in writing to CITY.
B. CONSULTANT is aware of the conflict of interest laws of the CITY of
Miami (City of Miami Code Chapter 2, Article V, Dade County Florida (Dade
County Code Section 2-11.1) and the State of Florida, and agrees that it shall fully
comply in all respects with the terms of said laws.
XVI. INDEPENDENT CONTRACTOR
CONSULTANT and its employees and agents shall be deemed to be independent
contractors, and not agents or employees of CITY, and shall not attain any rights or
benefits under the Civil Service or Pension Ordinances of CITY, or any rights generally
afforded classified or unclassified employees; further CONSULTANT shall not be
deemed entitled to the Florida Workers' Compensation benefits as an employee of CITY.
XVII. TERMINATION OF CONTRACT
CITY retains the right to terminate this Agreement at any time prior to the completion of
the services required under this Agreement without penalty to the CITY. In that event,
8/5/96
8
10:32 AM
96- 5
notice of termination of this Agreement shall be in writing by the CITY to the
CONSULTANT; and the CONSULTANT shall be paid for those services performed
prior to the date of its receipt of the notice of termination. In no case, however, will CITY
pay CONSULTANT an amount in excess of the total sum provided by this Agreement.
It is hereby understood by and between CITY and CONSULTANT that any payment
made in accordance with this Section to CONSULTANT shall be made only if
Consultant is not in default under the terms of this Agreement. If CONSULTANT is in
default, then CITY shall be obligated to pay for those services provided and non
cancelable obligations incurred prior to the date of default. Payment shall occur within 45
days of termination notice.
XVIII. NONDISCRIMINATION
CONSULTANT agrees not to discriminate as to race, sex, color, religion, national origin,
age, handicap, or marital status in connection with its performance under this Agreement.
Furthermore that no otherwise qualified individual shall, solely by reason of his/her race,
sex, color, religion, age, national origin, marital status, or handicap, be excluded from the
participation in, be denied benefits of, or be subjected to discrimination under any
program or activity receiving federal financial assistance.
XIX. MINORITY PROCUREMENT COMPLIANCE
CONSULTANT acknowledges that it has been furnished a copy of Ordinance No. 10538,
the Minority Procurement Ordinance of the City of Miami, and agrees to comply with all
applicable substantive and procedural provisions therein, including any amendments
thereto.
8/5/96 9 10:32 AM
96-
XX. CONTINGENCY CLAUSE
Funding for this Agreement is contingent on the reimbursement to the CITY for one half
of the total cost of the contract, Section IV "Compensation'', from Dade County; and by
the availability of funds and continued authorization for program activities and is subject
to amendment or termination due to lack of funds, or authorization, reduction of finds,
and/or change in regulations.
XXI. DEFAULT PROVISION
In the event that CONSULTANT shall fail to comply with each and every term and
condition of this Agreement then the CITY, at its sole desecration, in addition to other
remedies available bylaw, upon written notice to CONSULTANT may cancel and
terminate this Agreement, and all payments, advances, or other compensation paid to
CONSULTANT by CITY for the period during which CONSULTANT was in default of
the provisions herein contained, shall be forthwith returned to CITY provided that the
CONSULTANT was given the opportunity to cure such default and failed to do so within
fifteen (15) days of receipt of notice.
XXII. ENTIRE AGREEMENT
This instrument and its attachments constitute the sole and only Agreement of the parties
hereto relating to said contract and correctly sets forth the rights, duties, and obligations
of each to the other as of its date. Any prior agreements, promises, negotiations, or
representations not expressly set forth in this Agreement are of no force or effect.
8/5/96
tU
10:32 AM
96- 556
XXIII. AMENDMENTS
No amendments to this Agreement shall be binding on either party unless in writing and
signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
by the respective officials thereunder duly authorized, as of the day and year first above
written.
ATTEST:
WALTER FOEMAN
City Clerk
ATTEST:
Corporation Secretary
(NOTE: If CONSULTANT is not
a Corporation, two
witnesses must sign.)
APPROVED AS TO INSURANCE
REQUIREMENTS:
Frank K. Rollason,
Deputy Fire Chief
Risk Management Division
8/5/96
CITY OF MIAMI, a municipal
Corporation of the State of Florida
By
CESAR H. ODIO
City Manager
CONSULTANT:
By
(Seal)
APPROVED AS TO FORM AND
CORRECTNESS:
A. Quinn Jones III,
City Attorney Dom"
10:32 AM
96-
8/5/96
Exhibit A
12
10:27 AM
96-
TASK 1: DDRI Development Order Amendment
Discussion: The goal of this task will be to amend the development order to encompass
the 20,OOOt seat arena, rebut any presumption of substantial deviation and ensure that al
development rights are preserved and protected. We intend to modify the development
order and rebut the presumption of substantial deviation through the Notification of
Proposed Change (NOPC) process.
Key Issues: As we discussed, the issues we must rebut concern the change in the peaking
characteristics of traffic and any change of impacts to public services or facilities. Tc
address the change in traffic chacteristics, B&A will conduct an analysis of the functioning
characteristics of the uses which are being simultaneously increased and decreased. This
does not include a systems analysis of the links and intersections of the downtown
roadways.
Sub -Tasks:
1.1 Review the existing development order and develop a strategy to address key
issues.
1.2 Draft the NOPC including analysis for rebuttal of key issues and amender
development order. Conduct meetings, as necessary, with City and review agency
staff to discuss issues which arise.
1.3 Submit draft NOPC to the City for review and comment.
1.4 Revise NOPC, as necessary, based on comments from Task 1.3, above.
1.5 Submit NOPC for review and approval to SFRPC and DCA
1.6 During agency review, B&A will contact the review agencies to discuss and respow
in writing, if necessary, to any questions or comments which have arisen.
1.7 Develop responses to the agencies "request for additional information".
1.8 Submit response to City for review and comment.
1.9 Revise response based on comments from Task 1.8 above.
1.10 Submit responses to review agencies.
1.11 Receive finding of no significant impact to regional resources and that th
presumption of substantial deviation has been adequately rebutted. DCA and th
SFRPC will, at times, respond to this item with no response -- meaning that they ar
comfortable with the proposed changes.
96-
4
1.12 Review development order conditions as maybe proposed by the SFRPC or DCA
and meet informally with staff to discuss recommendations and negotiate changes
to the proposed conditions.
1.13 Attend City of Miami City Commission development order adoption hearing, present
the NOPC and amended development order, and respond to questions and
concerns.
1.14 Contact review agencies and respond to any questions or concerns they might have
with the adopted development order during the appeal period.
1.15 Contact DCA to discuss any questions or concerns with the adopted development
order.
196- 556
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
ro: Honorable Mayor and Members
of the City Commission
DATE : , 1 _ FILE
`T"! -
SUBJECT
Conversion of a portion
of Antonio Maceo Park to
FROM
REFERENCES public right-of-way
Cesar
City M er ENCLOSURES: Resolution,
Location map
On July 23, 1979, the City Commission adopted a Resolution
authorizing the acquisition of approximately 3.4 acres of land for
a park on the southern shoreline of Tamiami Canal to provide Miami
residents with boat access to Blue Lagoon. A roadway network has
been developed on the easterly side of Antonio Maceo Park to
provide boat access for the general public.
The City of Miami has received a request from a property owner
abutting the east side of Antonio Maceo Park for ingress and
egress to private property from the boat access road within the
park. The requested access may be accomplished by converting the
access road from recreational use only to a dedicated public
right-of-way. Although the park access road would no longer be
park property, public access to Blue Lagoon would be retained and
access to private property on the east side of Antonio Maceo Park
would be provided.
I
Since Antonio Maceo Park was purchased with the use of Federal
Land and Water Conservation Funds for recreational purposes only,
the conversion of a portion of the park land into dedicated public
right-of-way is further subject to conditions imposed by the State
of Florida Department of Environmental Protection and the United
States National Park Service. Conditions may include replacement
land of similar nature and comparable value. The attached
Resolution approves, in principle, the conversion of a portion of
the park from recreational purposes only to public right-of-way
and authorizes the City Manager to negotiate with State and
Federal officials the terms of this conversion. The negotiated
terms shall be presented to the City Commission for final
consideration.
0
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members „
1�;I_ 1,7
TO : of the City Commission PATE ; Pro�esslonff i ServicesFILE :
Agreement
SUBJECT :
Cesa io Proposed Resolution
City r For Commission Meeting
FROM : REFERENCESO.f July 25, 1996
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the
attached Resolution authorizing the City Manager to negotiate and
execute a Professional Services Agreement for Professional
Planning Services, in substantially the form attached, to amend
the Miami Downtown Development of Regional Impact to accommodate
the development of an arena with a capacity to exceed 20,000
seats.
BACKGROUND
The Department of Community Planning and Revitalization
recommends that the City Commission adopt the attached resolution
in order to expedite the preparation and completion of the
Development of Regional Impact amendment as an essential
prerequisite to permitting for the construction of the proposed
new downtown arena.
96- M