HomeMy WebLinkAboutR-93-0219)} fi
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A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE A
PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH THE FIRM OF MILIAN. SWAIN
& ASSOCIATES, INC. IN AN AMOUNT NOT TO EXCEED
TWELVE THOUSAND DOLLARS ($12,000) FOR THE PURPOSE
OF ESTABLISHING A TELECOMMUNICATIONS FEE SCHEDULE
AL
FOR USE OF PUBLIC RIGHTS -OF -WAY BY PRIVATE
TELECOMMUNICATION SYSTEM PROVIDERS; AND
ALLOCATING FUNDS THEREFOR IN THE AFORESAID AMOUNT
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FROM PUBLIC WORKS GENERAL BUDGET, ACCOUNT CODE
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NO. 310101-340.
WHEREAS, on January 9, 1992 the City Commission adopted
Ordinance No. 10943, on an emergency basis, amending Article VIII
of Chapter 54 of the Code of the City of Miami, as amended,
entitled "Use of the Public Rights of Way by Private
Communications Systems" by providing that compensation and
license fees for telecommunication permits (a) shall be In
accordance with the standards set forth In Section 334.401(4),
Florida Statutes (1989), and (b) shall be established after
public hearing before the City Commission and after public
notice, by the Director of Public Works; and
WHEREAS, the compensation and license fees collected for
telecommunication permits will assist the City to defray the
following costs:
ATTACHMENT (S)
CONTAINED
CITY COD+WSSION
MEETING OF,
MAR ?. 5 1993
Rewludw No.
93- 219
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t�sf lei o6ta' diroot ly r6 atdd to the rr��i�hr►�rtd l a c
i�,pa 1 �ment Sol e 1 y ceu$ed by the d 1 sturbnc of the
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municipal right-of-way; and
3 (b) the reasonable cost of the regulatory activity of the
municipality; and
(c) the proportionate share of cost of land for such
street, alley, or other public way attributable to
utilization of the right-of-way by a.telecommunicatlon
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service provider; and
WHEREAS, the telecommunication permits Issued by the City
continue in full force and effect for a period of one year and
may be renewed annually no later than July 1st of each year; and
WHEREAS, In order to establish equitable compensation and
license fees for said permits that will serve the public Interest
and also permit the private sector to earn a fair profit while
providing a satisfactory telecommunication system in the City, it
Is necessary to retain the services of a professional engineering
firm experienced in the financial management of utility
Installations and In the restoration of public rights -of -way; and
WHEREAS, the engineering firm of Milian, Swain & Associates,
Inc. meets the qualifications for providing the professional
engineering and management services necessary to recommend an
equitable compensation and license fee schedule; and
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WHi:R AS thar ► is, an, urgent
need to comp i et6 a study hat'
setae i 1 sh e a permit ae schedule for Private to 18coirnMUh i Cbt i tali` >-
bystems and to Implement same prior to the next renewal data of
July 1, 1993, and t=-
WHEREAS, funds are available to cover the cost of a
professional services contract, In an amount not Ito exoeed twelve
thousand dollars, from Account Code No. 310101-340; and a
WHEREAS, on October 8, 1992, the City Commission adopted
Resolution No. 92-658 waiving the prohibition contained In City,
Code Section 2-302 as such prohibition applies to Arsenio Milian,
President of the engineering firm of Milian, Swain & Associates,
Inc. and a member of the Zoning Board of the City of Miami;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAM1, FLORIDA:
Section 1. The recitals and findings set forth 1n 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 directed to negotiate
for professional services with the engineering firm of Milian,
Swain & Associates, Inc.
Section 3. The City Manager Is hereby authorized to execute
a professional services agreement, In subtantIaIIy the attached
form, with said firm, In an amount not to exceed twelve thousand
dollars, allocated from Department of Public Works General
Budget, Account Code No. 310101-340, on behalf of the City of
Miami.
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section Th i a 0e60I Ut i on ehgk i I becane effective
tit"dd 1 fete I y Upon Ito adoption.
MASSED ANC► AOOPTtO this 25th day of March
Y e
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XA ER L. EZ, MAYOR `
ATT T't SUBMITTED BY:
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n, MAlVrY HIRAI WALDEMAR E. LEE
CITY CLERK DIRECTOR OF PUBLIC WORKS 3
LEGAL REVIEW BY:
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IRMA M. ABELLA
_ ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM
AND CORRECTNESS
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• I S, 1 1
CITY ATT Y
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APPROVED BY BUDGET DEPARTMENT
MANOHAR S. SURANA
ASSISTANT CITY MANAGER
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utilities, hereinafter referred to as "CONSULTANT".
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W I TNESSETH
WHEREAS,.CITY desires to establish and Implement a fair and
equitable telecommunications permit fee schedule for use of the
public rights -of -way by private telecommunications system
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providers; and
WHEREAS, in order to establish equitable compensation and
license fees for said permlts.that will serve the public.linterest
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and also permit. the private sector to earn a fair prof I t : whl -1 e
providing a satisfactory telecommunication system In the
City, It is necessary to retain the services of,_a professional
engineering firm experienced In ; the ...f l nanc 1 a 1 :-: managmnent -of
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utilities; and
WHEREAS,:the _Oepartment of.Pub IIc Works has .determInod, that
Milian, Swain & Associates, Anc. Is a most qualified firm to
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provide the necessary engineering and. utility management ;services
for the establishment of a ToIecommun.lcat Ion:Perm It Fee Scheduie
within the City of Mlami.
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NOW, tH€AMAE,
In Consideration of the mutual
covenants and
obligations, herein
contained, and subject to .the
terms ens!
conditions hereinafter stated, the parties hereto.
understand, and
agree as follows-.-
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:4he term of this Agreement shall be from the date of this'i
agreement for:a period not to exceed ninety (90) days, -,or;when
the -project -Is completed and accepted by -.the Department,of.Public�
Works, whichever Is later.
III
SOOPE OF SERVICES:
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The ,Consu 1 tant.;•sha I I perform and be responsible. for :,the
followingprofess.lonal.and,techn.ical services::,
1. Establish a telecommunications permit :fee schedule
wh I ch sha I I I nc I ude the : fv i, l ow I,ng costs . _to.- be
defrayed by the CITY:
(a). costs-dlrectly.:related•,.to; I,nconvenlence or.
Impairment solely caused by the disturbance.._of .
the public right-of-way;
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(b) reasonable costs of the, ,,re ou 1 story activity of
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the municipality; and
(c) the proportionate share of cost of land for
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such street, alleyor other public. way
attributable to utilization of the right -of -wary
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by a telecommunication service prow i der•,
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Bothr parties shall comply with all applicable laws;
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ordinances -.and codes of federal, state and local government:
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GENERAL COPD I T IONS :
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A . All . notices or other communications which 'shall or may
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be given pursuant to this Agreement'shall`be In writing
and. sha VI be delivered by personal service, ar- by
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registered mall 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 beingposted or the date of actual
.receipt, whlchevSer Is earlier.
CITY OF M I hM l OOt.,IELLTANT
City Manager Milian, Swain & Associates, 'Inc.'
3500 Pan American Drive 2025 S.W. 32 Avenue
Miami, Florida 33133 Miami, Florida 33145
B.- Title and paragraph headings are for- convenient
°reference and are not a part oU.thI's Agreement'.
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ti. C. In the nt of confIIct bOtwbeh 6 term*'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 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 deemed severable, and In
either event, the remaining terms and provisions of this
Agreement shall remain unmodified and In full force and
effect.
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V1.
WERSHIP OF DOCU ENTS :
All documents developed by CONSULTANT under this Agreement
shall be delivered to CITY by said CONSULTANT upon completion of
the services required pursuant to Paragraph it hereof and shall
become the property of CITY. 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.
It Is further understood by and between the parties that any
Inforf>iatlon, writings, maps, contract documents, reports or any
other matter whatsoever whIch 19 0Iven by 'CITY to CONSULTANT
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pursudtit-to this s Areeefnent shall i I at a t I times remain the property
of CITY and shall not be used by CONSULTANT for any other
purposes.whatsoever without the written consent of CITY.
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N244)MmAg ILITY:
- "'That the obligations undertaken by CONSULTANT pursuant to
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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
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another person or`firm
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AW IT F(IG 'S ;
CITY ' reserves the right to "audit the records of CONSULTANT
at any time dur I ng the. per formance � of this Agreement and -for ` `a
period of one year after flnal payment Is made under this
Agreement.
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IX.
AWAM OF AGMEEMENT.
CONSULTANT warrants that 1t has not employed or retained'any
person emp I oyed by the CITY to so I 1 c I t or secure th I a Aqreement
and, that " It has ` not offered to' pay. - paid, or agreed to pay any
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person employed by the CITY any fee, commission percentage.
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brokerage fee, or gift of any kind contingent upon or resulting
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from the award of this Agreement.
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their heirs, executors, iaoa, �oN, -•-__, _---- ,..
assigns.
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hOF7M 1 F I CATION!
CONSULTANT sha 1 $1 1 ndemn I f y and save CITY harmless from and.
against any and al claims, liabilities, losses, and causes of 3
action which may arise out of CONSULTANT'S activities under th19
Agreement, Including any Person acting for or on Its behalf, and,
from and aga I nat any orders. Judgments or decrees which may be
entered and from and against all costs, attorneys' fees, expenses
Incurred in the defense of any such claims, or in the,
investigation thereofIf the CITY chooses to defend any action.
behalf of Itself, I t shall bear Its own costs
of defense, and
on
If the provisions of this
indemnity provision
are applicable,
Indemnify
the CITY accordingly.
in any event,'
CONSULTANT/shall
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shall promptly notify
CONSULTANTas soon as
It has notice of
CITY
any matters for which this
Indemnity provision may
be applicable.
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(PP-SER'VM)
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F�. I CT , C7F"ZNTE<Rtc`8T
A:>
CONSULTANT covenants that no person under ,Its employ whd
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presently exercises any functions or,responslb,iiit.1e9,:-1n
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connection :with this. Agreement has any, personal
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f l nahc i a l i nterests , d i rect or I nd i rect , w i th : C I T,Y
:CONSULTANT further covenants that, In.the performance of
this Agreement, no person having such confIIctIng
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Interest shall be employed. Any such Interests on the
part of CONSULTANT or Its employees, must be disclosed
In writing to CITY. CITY and CONSULTANT,acknowledge,thep
adopt t on of, Rerso l ut l on No. 82-658 by the M I am 1� r C i ty
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:-,Commission
waiving the prohibition -contained -in City: of
Miami Code Section 2-302 as such prohibitions appl,les to
Arsenio Milian, president of the firm of Mtilan,;:Swaln
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" and,,Associates , Inc. and a member of the Zoning Board,of
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the City of Mlaml.
B..
CONSULTANT Is aware of . the conflict of Interest laws of
the City of.Mianii (City of Mlaml Code°Chapter 2, Artic10
V) Dade County'Florida (Dade: -County Code, Section 2-
p`
11.1),and-the State of Florlda,.and.:agrees�that It.shall
fully comply In all respects. with • the, ,tejrms, �of� ,said
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laws.
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Xill.
(RESERVED) -
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00( L1CT W-INTEREST
A..' CONSULTANT covenants that no person under its employ who
present-iy•exercises any functions or responslb.tllttes, _1l1
connection with this Agreement has any personal
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flnanclai Interests, direct or Indirect, with„:CIT.Y,i
CONSULTANT further covenants that; ln.the performance -of
this Agreement, no person having such confilcting:
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Interest shell be employed. Any such Interests on the
part of.CONSULTANT or Its employees, must be disclosed
In writing to CITY. CITY and CONSULTANT acknowledge the
adoption of Resolution No. 92--86$ by the Miami City
Comml'ssion waiving the prohibition contained in City.o,f
Miami Code Section 2-302 as such prohibitions applies to
Arsenio Milian, president of the firm of MI.Ilan Swain
and Associates, Inc. and a member of the Zoning Board:of
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"'the City of Miami.
- 6. CONSULTANT is aware of the conflict of Interest laws of
the City of Mlan l . (City of: Mlaml_Code Chapter ,2;, Article
V) , Dade County' Florida ( Dade • County Code -Section 2-
11.1)"and the State of Florida, and-agrees.that it.ahal-1
fully comply In all respects .with the terms of_,said
laws.
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I NI kP I ., AAW I'TECT'ItAL
RENMA 1 N3 SPEC I AL I STS :71
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CONSULTANT and Its employees and agents shall be deemed. to
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be Independent engineers and utility management specialists, and
not agents or employees of CITY, and shall not attain any rights
or benefits 'under the CivII Service or Pension Ordinances of
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CITY, or -any rights generally afforded classified or unclassified
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employees further they shall not be deemed entitled to the
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Florida Workers' Compensation benefits as an employee of CITY.
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TEMINATION OF OONTRACT
CITY retains the right to terminate this Agreement at any
time prior to the completion of the services required pursuant to
Paragraph II hereto without penalty to CITY. In that event,
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notice of termination of this Agreement shalt be In writing to
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CONSULTANT, who shall be paid for those services performed prior
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to the date of Its receipt of the notice of termination. 1n no
case,: however, w1II the CITY pay CONSULTANT an amount In excess
of the total sum provided by this Agreement.
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It Is hereby understood by and between CITY and CONSULTANT
that any payment made In accordance with this Paragraph to
CONSULTANT shall be made only if said CONSULTANT 13 not !n
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default under the terms of this Agreement. If CONSULTANT 1s In
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default, then CITY shall In no way be obligated and shall not pay
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to CONSULTANT any sum whatsoever.
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XV I I. •
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NONDISCRIMINATION:
CONSULTANT agrees that .It shall not discriminate as to racer
sex, .color,,creed,_national arlgin or handicap In connection with.
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Its performance under this Agreement.
Furthermore that no otherwise qualified individual shall,
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solely be reason of his/her race, sex, color, creed, national
or.igln, or handicap, be excluded from the participation in, be
denied benefits of, or be subJected" to dlscriminati.on under any
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program or activity,recelving federal financial assistance.
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IN WITNESS WHEREOF-, the, parties hereto have caused this
Instrument to be. executed by the respective officials thereunto
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duly authorized, this day and year first above written.
XVIIi.
DEFAULT PFION I S I AN
In the event that CONSULTANT shall fail to comply with each
and every term and condition of this Agreement or falls to
perform any of the terms and conditions contained herein, then
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CITY, at Its sole option, upon written notice to CONSULTANT may
cancel, and terminate thit Agreement, and all payment, 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, provided the CONSULTANT was given the.
opportunity to correct such default and fai-Is;to do so within
fifteen (15) working days of receipt of official notice.
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ENT 1 RE 04PEi9NT :
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This Instrument and its attachments constitute the sole and
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only Agreement of the parties hereto re I at 1 nQ ` to said grant and
cgrrectl y seas forth the r I ghts $ duties, and obligations of each .
to the other as
of Its date. Any prior agreements, peornI8 4
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negotiations, or
representatives not expressly set forth In this
Agreement are of
no force or effect.
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ANENDAENTS
No amendments to this Agreement shall be binding on either
party unless In
writing and signed by both parties.
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IN W I TNESS
'WHEREOF, the parties hereto have caused this
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instrument to be executed by the respective officials thereunto
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duly authorized,
this day and year first above written.
CITY OF MIAMI, a municipal
Corporation of the State.
of Florida
ATTEST:
BY
H i ra i
Mat-ty Hirai
Cesar H . Od I o
City Clerk
City Manager
'WITNESSES:
CONSULTANT:
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Milian, Swain & Associates,1.na..
By
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(T_ i t I e )
(sea I) ;
APPROVED AS TO
INSURANCE APPROVED AS TO FORM AND
REQUIREMENTS:
CORRECTNESS:
A. Quinn Jones, All
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City Attorney
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CITY OF MIAMI, FLORID
INTEROFFICE MEMORANDUM:
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to..
Honorable Mayor and Members
DATE
RECOMMENDATION:
q�.
It -is respectfully recommended that the City Commission adopt the
attached Resolution authorizing the City Manager to negotiate and
execute a professional .services agreement with the firm of Milian,
Swain a Associates, Inc. for the establishment of a
Telecommunications Permit Fee Schedule for use of the public. rights -
of -way by private telecommunication systems.
BACKGROUNO:
In response to an agreement with M.C.I. TeIecommunicat10nS
Corporation, on January 9, 1992 the City Commission adopted Ordinance
No. 10943, on an emergency basis, amending Article V11I of Chapter.54
of the City. Code entitled "Use of the Public Rights of flay by Privaate
Communication Systems". This Ordinance amended the method by which
the compensation and license fees for telecommunication permits afire
calculated by adopting the method contained in the Florida Statutes
and requires the establishment of a fee schedule. The Ordinance also
requires that - the private telecommunication companies renew their
permits annually no later than July 1st of each year.
In order to ensure that the permit fee schedule provided to the
telecommunication companies on their renewal date is in complete
compliance with the regulations contained in the Florida Statut.iet"
the professional services of an independent engineering firm.. with
expertise in utilities management are required to establish a ;,r
recommended fee schedule. The private consulting firm ; of M1i ian;
Swan a' Associates has the expertise and experience to provide' the
professional engineering and utilities management services necessary
to .recommend a fee schedule that will cover :all , costs borne by . this
public due to the telecommunication installations end one that wi11
be equitable to the private sector.
The establishment of a fee schedule is urgently required in order t'p t
not delay the. renewal of the telecommunication permits. "The, :.total 4LL
cost of the professional services shall not exceed $12,000,00. A
ordinance establishing and implementing the now fee schedule
placed on subsequent agendas for consideration by -the..., Cot► f°
Commission. „.
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