HomeMy WebLinkAboutR-94-0832J-94-848
10/18/94
RESOLUTION NO.9 4 — 832
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WHEREAS, the Department of Housing Conservation is in the process of
creating a document entitled the "City of Miami Housing Masterplan;" and
WHEREAS, it is important the the department have this document to
articulate to the general public, community development housing agencies,
financial institutions and non-profit housing sponsors, the City of Miami I s
total housing needs and strategies to address housing issues; and
WHEREAS, the document will be of high quality axed visually exciting and
presented in an informative, easy to read format; and
WHEREAS, the firm of Gladys Kidd U Associates possesses the professiona2
qualifications and expertise required to assist the City in the preparation of
this document; and
WHEREAS, the funds are available in the budget of the Department of
Development and Housing Conservation;
NOW, THEREFORE, BE IT RESOLVED BY THE CONMISSION OF THE CITY OF MIAMI,
u•�t S 19 I '�;,i �. c. d r. i�, .. G it 'f'� u• j
CITY COM1USSION
MEETING OF
NR!r 1 7 '14
Resolution Na
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Section 1. The recitals and findings contained in the Preamble to
this Resolution are hereby adopted by reference 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 Gladys Kidd & Associates,
Inc., in an amount not to exceed. Seventeen Thousand Dollars ($17,000.00) for
professional and technical services to be rendered in the production of the
City of Miami Department of Development and Housing Conservation's "Housing
Master Plan", with funds therefor hereby allocated from the budgeted funds of
the Department of Development and Housing Conservation.
Section 3. This Resolution shall become effective izomediately
upon its adoption.
PASSED AND ADOPTED this 17th day of November 1994.
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ATTEST: SAPHEN P. , MAYOR
LINDA KE MY KEAR!SO17 —
ASSISTANT CITY ATTORNEY
• • • •,• :a • • • It
OW -MA
94- 832
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This Agreement entered into this day of 1994, by
and between the City of Miami, a municipal corporation of the State of Florida, hereinafter
referred to as "CITY", and GLADYS KIDD & ASSOCIATES, INC., a minority -owned for -profit
corporation in the State of Florida, hereinafter referred to as "CONSULTANT".
RECITAL:
WHEREAS, the Department of Development and Housing Conservation is in the process
of creating a document entitled the "City of Miami Housing Masterplan" and
WHEREAS, this document will be of high quality and visually exciting and presented in
an informative, easy to read format; and
WHEREAS, the CONSULTANT possesses the professional qualifications and expertise
required to assist the City of Miami in the preparation of this document; and
WHEREAS, the funds are available in the Department of Development and Housing
Conservation's budget; and
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:
I
TERM:
The term of this Agreement shall be from October 8, 1994 through January 8, 1995.
II.
SCOPE OF SERVICES:
The CONSULTANT shall undertake and be fully responsible for the professional and
technical services to be rendered for the production of the Department of Development and
Housing Conservation's "Master Plan".
The CONSULTANT will perform the following tasks in the production of this project:
• Edit and input/.convert the text,
• Design the "camera-ready layout",
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• Pre -press preparation of "color separations",
+ Printing of 1,000 copies.
The CONSULTANT will deliver to the "CITY' a document/book that:
• will measure 13" by 9" (unfolding to 26" x 9")
• be an estimated 52 pages plus cover
• with 16 pages printed in four (4) colors
• with 36 pages printed in one (1) color
• has a maximum of 15 color photos
• with Saddlestitch binding
• four colors printed on 801b Arjoe Cover with 801b Arjoe Text stock
• one color printed on 601b Husky Text stock.
III
MAXIMUM COMPENSATION/ METHOD OF PAYMENT
A. CITY shall pay CONSULTANT as maximum compensation for the services required pursuant
to Article II hereof an amount not to exceed Seventeen Thousand Dollars ($17,000.00). These
funds are available in the Department of Development and Housing Conservation's budget as
follows: Account Code 451916-270-799201 - $12,500; and Account Code 590317-270-113008 -
$4,500,:'
�—R..- Such compensation shall be paid on the following basis upon receipt of a written invoice from
the CONSULTANT and approval by the Department of Development and Housing Conservation:
• 1st payment of 50% due upon the execution of this contract
• 2nd payment of 25% due upon the approval of the "camera-ready" layout
• Final payment of 25% due upon delivery of the final product, which includes 1,000 copies of
the document/book.Such compensation shall be paid for services performed at a $25.00 per
hour rate up to a maximum of 1,000 hours.
IY,.
Both parties shall comply with all applicable laws, ordinances and codes of Federal, State
and Local Governments.
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V.
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 messenger service or by registered 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.
CONSULTANT: CITY OF MIAMI:
GLADYS KIDD & ASSOC. DEPARTMENT OF DEVELOPMENT '
CONSULTANT DUPONT PLAZA CENTER
2121 N. Bayshore Drive 300 BISCAYNE BLVD. WAY
MIAMI, FL 33137 MIAMI, FL
B) Title and paragraph headings are for convenient reference and are not a part 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 of 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 or any other provision hereof, and no waiver shall be effective
unless made in writing.
E) Should any provisions, paragraphs, sentences, words or phrases 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 provisions,
paragraphs, sentences, words or phrases 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
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deemed severable, and in either event, the remaining terms and provisions of this Agreement shall
remain unmodified and in full force and effector limitation on its use. CONSULTANT agrees
that all documents maintained and generated pursuant to this contractual relationship between
CITY and CONSULTANT shall be subject to all provisions of the Public Records Law, Chapter
119, Florida Statutes.
V1
OWNERSHIP OF DOCUMENTS
It is further understood by and between the parties 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 CITY and
shall not be used by CONSULTANT for any other purpose whatsoever without the written
consent of CITY.
VII.
NONDELEGABILITY:
That the obligations undertaken by CONSULTANT pursuant to this Agreement shall not
be delegated or assigned to any other person or firm unless CITY shall first consent in writing to
the performance or assignment of such service or any part thereof by another person or firm.
AUDIT RIGHTS
VIII.
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CITY reserves the right to audit the records of CONSULTANT at any time during the
performance of this Agreement and for a period of three years after final payment is made under
this Agreement.
IX.
AWARD OF AGREEMENT;
CONSULTANT warrants that it has not employed or retained any person employed by
CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay
any person employed by CITY any fee, commission, percentage, brokerage fee, or gift of any kind
contingent upon or resulting from the award of this Agreement.
X.
CONSTRUCTION OF AGREEMENT
This Agreement shall be construed and enforced according to the laws of the State of
Florida.
XI.
SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the parties herein their heirs, executors, legal
representatives, successors, and assigns.
INDEMNIFICATION
XII.
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The CONSULTANT, shall indemnify and save the CITY harmless from and against any
and all claims, liabilities, losses, and causes of action, which may arise out of the
CONSULTANT's activities under this agreement, including all other acts or omissions to act of
the CONSULTANT, including any person acting for or on its behalf, and, from and against any
orders, judgments or decrees which may be entered, and from and against all costs, attorney's fees,
expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof.
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, in the work product of this Agreement. The 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 the CONSULTANT or its employees, must be
disclosed in writing to the CITY.
B. The 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 will fully comply in all respects with the terms of said laws.
XIV.
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 the CITY, or any rights generally afforded classified or
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unclassified employees; further its employees and agents shall not be deemed entitled to the
Florida Worker's Compensation benefits as an employee of the CITY.
XV•
TERMINATION OF CONTRACT:
Both parties retain the right to terminate this Agreement at any time prior to the completion
of the services required pursuant to Section II hereof without penalty to either. In that event,
notice of termination of this Agreement shall be in writing to the other given at least ten (10) days
in advance of termination. CONSULTANT shall be paid for those services performed prior to the
effective date 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 payments
made in accordance with this Section to CONSULTANT shall be made only if said
CONSULTANT is not in default under the terms of this Agreement. If CONSULTANT is in
default, the CITY shall in no way be obligated and shall not pay to CONSULTANT any sum
whatsoever.
NONDISCRIMINATION:
The CONSULTANT agrees that there shall be no discrimination because of race, color,
sex, religion, age, creed, handicap, marital status or national origin, in connection with its
performance under this Agreement.
Furthermore, that no otherwise qualified individual shall, solely by reason of his/her race,
i
sex, color, creed, age, religion, marital status, national origin, or handicap, be excluded from the
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participation in, be denied benefits of, or be subjected to discrimination under any program or
activity receiving federal financial assistance.
II.
MINORITY PROCUREMENT CQMPLIANCE:
CONSULTANT acknowledges that it has been furnished a copy of Ordinance No. 1006;e.1 ;, „cr JJ
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.
XVIII.
CONTINGENCY CLAUSE:
Funding for this Agreement is contingent on 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 funds and/or change in regulations.
XIX.
DEFAULT PROVISION:
In the event that CONSULTANT shall fail to comply with each and every term and
condition of this Agreement or fails to perform any of the terms and conditions contained herein,
' then CITY, at its sole option, upon written notice to CONSULTANT may cancel and terminate
this Agreement, and all payments, advances, or other compensation paid to CONSULTANT by
CITY while CONSULTANT was in default of the provisions herein contained, shall be forthwith
returned to CITY.
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X•
ENTIRE AGREEMENT:
This instrument and its attachments constitute the sole and only Agreement of the parties
hereto relating to said grant 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.
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 their respective officials thereunto duly authorized, this the day and year above written.
ATTEST:
MATTY HIRAI
City Clerk
9
CITY OF 1VIIAMI, a municipal Corporation
of the State of Florida
By:
CESAR H. ODIO
City Manager
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ATTEST:
Corporate Secretary
(SEAL)
APPROVED AS TO INSURANCE
REQUIREMENTS:
FRANK ROLLASON, DIRECTOR
Risk Management
CONSULTANT:
GLADYS KIDD & ASSOCIATES, INC.
President
10
APPROVED AS TO FORM AND
CORRECTNESS:
A. QUINN JONES
City Attorney
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CORPORATE RESOLUTION
WHEREAS, GLADYS KIDD & ASSOCIATES, INC. desires to enter into an agreement
with the City of Miami; and
WHEREAS, the Board of Directors at a duly held corporate meeting has considered the
matter in accordance with the By-laws of the Corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the
president and secretary are hereby authorized and instructed to enter into an Agreement in the
name and on behalf of this Corporation with the City of Miami upon the terms contained in the
proposed Agreement to which this Resolution is attached.
DATED this day of , 1994.
SECRETARY
(SEAL)
CHAIRPERSON OF THE BOARD OF DIRECTORS
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I
CITY OF MIAMI, FLORIDA I
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
TO : of the City Commission
FROM : Ces
City r
32
- DATE : �TI + �y,�994 FILE
SUBJECT : Authorization To Enter
Into Professional Services
Agreement with Gladys Kidd
REFERENCES : & Associates, Inc.
ENCLOSURES : Oct. 8th Commission Mtg.
It is respectively recommended that the City Commission adopt the attached Resolution
authorizing the City Manager to enter into a Professional Services Agreement with
Gladys Kidd & Associates, a minority -owned for -profit coporation in the State of Florida,
in an amount not to exceed $17,000 for professional and technical services to be rendered
for the production of the Department of Development and Housing Conservation's
"Housing Masterplan". Funds for these services are available in the Department of
Development and Housing Conservation's budget.
The Department of Development and Housing Conservation is in the process of creating
a "Housing Master Plan". The purpose of this document is to articulate to the general
public, Community Development Housing Agencies, financial institutions and non-profit
housing sponsors, the City of Miami's total housing needs and strategies to address
housing issues. Much of this new housing impetus resulted from the Mayor's Housing
Task Force Transition Team which stressed a broad -based program that could address a
variety of housing needs.
In April 1994, the City's Housing Division, along with the Mayor's Housing Transition
Team presented a thirteen point plan that should be implemented to address the housing
needs of the City of Miami. These strategies are incorporated into a new "City of Miami
Housing Master Plan".
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