HomeMy WebLinkAboutR-92-0010J-92-15
12/20/91
RESOLUTION NO. C) 2 -to
A RESOLUTION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, FOR PROFESSIONAL PLANNING
SERVICES WITH REGINALD A. BARKER, AICP,
IN CONJUNCTION WITH THE COMPLETION OF THE
APPLICATION FOR DEVELOPMENT APPROVAL AND
DEVELOPMENT ORDER(S) FOR INCREMENT II OF.
THE SOUTHEAST OVERTOWN/PARK WEST
DEVELOPMENT OF REGIONAL IMPACT, FOR A 12
MONTH PERIOD FROM JANUARY 1, 1992 THROUGH
DECEMBER 31, 1992, FOR A TOTAL FEE OF
$27,000, WITH FUNDS IN THAT AMOUNT BEING
ALLOCATED FROM "THE SOUTHEAST
OVERTOWN/PARK WEST REDEVELOPMENT TRUST
FUND, PROJECT NO. 689001".
WHEREAS, the City has filed a draft Application for
Development Approval (ADA) for Increment II of the Southeast
Overtown/Park West Development of Regional Impact (DRI) with the
South Florida Regional Planning Council (RPC) for the continued
phased development of Southeast Overtown/Park West; and
WHEREAS, subsequent to the RPC review of the ADA the City is
desirous of approving and issuing Development order(s) for
Increment II of the DRI; and
WHEREAS, it is in the best interest of the City to engage a
professional planner with sufficient expertise to facilitate the
completion of the ADA and Development Order(s) for Increment II
of the DRI under the general supervision of the Assistant City
ATTACHMENIM
COHTAfBd�D
CITY COMMISSION
M== OF
JAN 9 1992
192— lQ
msawwa w.
kY
II
Manager for the Department
Conservation; and
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of Development and Housing
WHEREAS, Reginald A. Barker, AICP, served as project manager
for the completion of the Consolidated Application for
Development Approval for the Southeast Over_town/Park West DRI
resulting in the issuance of a Master and Increment I Development
Order for the DRI; and
WHEREAS, Section 18-52.2(a)(2)(ii) of the City Code exempts
this contract from competitive negotiations; and
WHEREAS, funding for this agreement has been identified from
the Southeast Overtown/Park West Redevelopment Trust Fund;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to enter
into an agreement, in substantially the attached form, for
professional planning services with Reginald A. Barker, AICP, to
complete the Application for Development Approval and Development
Order(s) for Increment II of the Southeast Overtown/Park West
DRI, for a 12 month period commencing January 1, 1992 through
December 31, 1992 for a total fee of $27,000, with funds therefor
in that amount allocated from the Southeast Overtown/Park West
Redevelopment Trust Fund, Project No. 689001.
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Section 2. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 9th day of Jan
ATTEST:
MATTY HIRAI, CITY CLERK
FINANCE REVIEW:
6<�,az- --z-
CKRL08 GARCIA, DIRECTOR
FINANCE DEPARTMENT
BUDGETARY REVIEW:
M OVENT
S. SURANA, DIRE
DEPAROF BUDGET
PREPARED AND APPROVED BY:
L A KEARSO
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A. Q J S, III
CITY ATTO Y
VIER L. SUARVZ, MAYO
, 1992.
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PROFESSIONAL SERVICES AGREEMENT
This Agreement entered into this day of 1992,
by and between the CITY OF MIAMI, a municipal corporation of the
State of Florida, hereinafter referred to as "CITY", and Reginald
A. Barker, AICP, an individual, hereinafter referred to as
"CONSULTANT".
RECITAL
WHEREAS, the CITY is desirous of approving and issuing
Development Order(s) for Increment II of the Southeast
Overtown/Park West Development of Regional Impact (DRI); and
WHEREAS, the Development Order(s) for Increment II of the
DRI will facilitate and expedite the continued redevelopment of
Southeast Overtown/Park West; and
WHEREAS, on January 18, 1991 a preapplication conference as
held at the South Florida Regional Planning Council (RPC) to
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discuss the Application for Development Approval (ADA) for
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Increment II of the Southeast Overtown/Park West DRI; and
WHEREAS, at the preapplication conference an Agreement 'to
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Delete Questions from the ADA for Increment II of the DRI was
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reviewed and agreed to by the CITY and RPC; and
WHEREAS, the Agreement to Delete Questions identifies those
questions from the ADA to be answered by the CITY and requires
that the ADA for Increment II of the DRI be filed at the RPC by
December 31, 1991; and
WHEREAS, the draft ADA has been filed with the RPC where it
is currently being reviewed to determine the sufficiency of
planning -related information which will allow the RPC to
discharge its duties pursuant to Section 380.06, Florida
Statutes; and
WHEREAS, once the ADA is found sufficient by the RPC to
discharge its duties under Florida Statutes an Assessment Report
on the ADA will be issued by the RPC to the CITY; and
WHEREAS, upon the issuance of the Assessment Report the CITY
may proceed to hold public meetings and hearings on the ADA and
Development Order(s) for the DRI; and
WHEREAS, it is in the best interest of the CITY to engage a
well -qualified professional planner familiar with the DRI process
and the Southeast Overtown/Park West Redevelopment Project to
serve as project manager for the ADA for Increment II of the DRI;
and
WHEREAS, Reginald A. Barker, AICP, served as project manager
responsible for the preparation of the ADA for Increment I of the
Southeast Overtown/Park West DRI; and
WHEREAS, the City Commission passed and adopted Resolution
No. on , 1992, authorizing the City
Manager to execute this Agreement with Reginald A. Barker, AICP
for professional planning services.
NOW, THEREFORE, in consideration of the promises and the
mutual covenants and obligations herein contained, and subject to
the terms and conditions hereinafter stated, the parties hereto
understand and agree as follows:
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1. TERM
The term of this Agreement shall be from January 1, 1992
through December 31, 1992.
II. SCOPE OF SERVICES
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CONSULTANT shall:
(
i
(1)
Function as the Project Manager in completing
the
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ADA for Increment II of the Southeast
Overtown/Park West DRI.
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(2)
Assist in the negotiation and preparation of
the
Increment II Development order(s) for
the
Southeast Overtown/Park West DRI.
(3)
Coordinate the overall planning efforts
with
technical consultants hired by the CITY
to
complete technical questions from the ADA
and
i
Development Order(s) for Increment II of the DRI.
(4)
Work with City and County departments
in
�
completing the ADA and Development Order(:)
for
Increment II of the Southeast Overtown/Park West
DRI.
(5) Represent the Department of Development and
Housing Conservation in public presentations of
the ADA and Development Order(s) for Increment II
of the DRI. Presentations may be made to private
groups, City boards, the City Commission and the
South Florida Regional Planning Council.
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(6) Supervise the preparation of oral and visual media
`! (graphics) for public meetings on the ADA and
i�
s�. Development Order(s) for Increment II of the DRI.
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(7) Report to the Assistant City Manager for the
Department of Development and Housing Conservation
i�
in carrying out responsibilities under this
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Agreement.
i III. COMPENSATION
A. The CITY shall pay CONSULTANT, as a maximum compensation
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for the services required, pursuant to paragraph II hereof,
{ $27,000.00.
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B. Compensation shall be paid in twelve (12) equal monthly
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installments payable to CONSULTANT upon receipt and approval by
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the CITY of an invoice from the CONSULTANT stating that 60 man-
- 1�
hours per one (1) month period have been logged by CONSULTANT for
the services required pursuant to paragraph II hereof.
- C. All expenditures must be incurred during the contract
period.
ji D. CITY shall endeavor to pay CONSULTANT within fifteen
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3l
(15) working days from the time an invoice is approved for
_n payment.
E . CITY
shall have the right to review
and audit the time
records and
related records of CONSULTANT
pertaining to any
i.
payments by the
CITY.
F. CITY
shall provide CONSULTANT with
automobile parking
privileges.
Such privileges shall not
be considered as
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compensation
for the purpose of the maximum
compensation limit
t
set forth in
paragraph III A above.
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G. All office space, supplies and equipment required in
connection with CONSULTANT carrying out responsibilities under
this Agreement shall be furnished by the CITY. Such space,
supplies and equipment shall not be considered as compensation
for the purpose of the maximum compensation limit set forth in
paragraph III A above.
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IV. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Both parties shall comply with all applicable laws,
ordinances and codes of federal, state and local governments.
V. GENERAL PROVISIONS
+' 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 shall
be delivered by personal service, or 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.
l
i CITY OF MIAMI CONSULTANT
I!
Department of Development Reginald A. Barker, AICP
!<< & Housing Conservation P. 0. Box 1719
;t 300 Biscayne Blvd. Way Alachua, FL 32615-1719
s� Suite 400
Miami, FL 33131
B. Title and paragraph headings are for convenient
reference and are not a part of this Agreement.
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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 wavier or breach of any provision of this Agreement
shall constitute a wavier of any subsequent breach of the same or
any other provision hereof, and no wavier shall be effective
unless made in writing.
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E.
Should any
provisions, paragraphs, sentences,
words
or
phrases
contained in
this Agreement be determined by a
court
of
! l`
" competent jurisdiction to be invalid, illegal or otherwise
ii
unenforceable under the laws of the State of Florida or the City
of Miami, such provisions, paragraphs, sentences, words or
i
i 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.
VI. OWNERSHIP OF DOCUMENTS
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 II hereof and shall
become the property of CITY, without restriction or 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.
A
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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.
The CONSULTANT agrees that there shall be no subcontracts in
connection with the Agreement without the prior written approval
of the CITY and that all such subcontractors or assignees shall
be governed by the terms and intent of this Agreement. Anyone
hired by the CONSULTANT (subcontractor or any other expense) is
solely the responsibility of the CONSULTANT. Nothing stated
herein will create an obligation on the part of the CITY to
compensate the subcontractor.
VIII. AUDIT RIGHTS
The CITY reserves the right to audit the records of
CONSULTANT at any time during the performance of this Agreement
and for a period of one year after final payment is made under
this Agreement.
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IX. AWARD OF AGREEMENT
The 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 any person 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.
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.
XII. INDEMNIFICATION
The 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 the CONSULTANT's performance
under the provision of this Agreement, including all acts or
• omissions to act on the part of CONSULTANT, including any person
performing under this Agreement for or on CONSULTANT's behalf,
provided that any such claims, liabilities, losses and causes of
such action are attributable to the fault of CONSULTANT, and,
from and against any orders, judgements or decrees which may be
entered and which may result from CONSULTANT's performance under
this Agreement, and from and against all costs, attorneys' fees,
8 92-- 10
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expenses and liabilities incurred in the defense of any such
claim, or the investigation thereof. If the CITY chooses to
defend any action on behalf of itself, it shall bear its own
costs of defense, and if the provisions of this indemnity
provision are applicable, CONSULTANT shall indemnify the CITY
accordingly. In any event, the CITY shall promptly notify
CONSULTANT as soon as it has notice of any matter for which this
indemnity provision may be applicable.
XIII CONFLICT OF INTEREST
The CONSULTANT covenants that no person under its employ who
presently exercises any functions or responsibilities in
connection with this Agreement has any personal financial
interest, 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. The CONSULTANT, in performance of this Agreement,
shall be subject to the more restrictive law and/or guidelines
regarding conflict of interest promulgated by federal, state or
local government.
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 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.
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SIV.
INDEPENDENT CONTRACTOR
i.
The CONSULTANT
and its employees and agents
shall be deemed
i
to be independent contractors, and not agents
or employees of
a
. CITY, and shall not
attain any rights or benefits
under the Civil
4!
Service or Pension
Ordinances of CITY, or any rights generally
afforded classified
or unclassified employees;
further he/she
shall not be deemed
entitled to the Florida Workers'
Compensation
_. benefits as an employee of CITY.
XV. TERMINATION OF CONTRACT
a
Either party may terminate this Agreement by written notice
should the other party fail to substantially perform in
accordance with its terms. Additionally, the CITY retains the
right to terminate this Agreement at any time prior to the
j completion of the services required pursuant to paragraph II
hereof without penalty to CITY. In that event, notice of
termination of this Agreement shall be in writing to CONSULTANT,
who shall be paid for those services performed prior to the date
of its receipt of 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 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.
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XVI. NONDISCRIMINATION
—` The CONSULTANT agrees that it shall not discriminate as to
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--' race, sex, color, creed, national origin, or handicap in
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— connection with its performance under this Agreement.
Furthermore that no otherwise qualified individual shall,
solely by reason of his/her race, sex, color, creed, national
origin, 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.
XVII. MINORITY PROCUREMENT COMPLIANCE
THE CONSULTANT acknowledges that it has been furnished a
copy of Ordinance No. 10062, 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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XX. ENTIRE AGREEMENT
This instrument and its attachments constitute the sole and
only Agreement of the parties hereto relating to said services
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.
XXI. AMENDMENTS
No amendments to this Agreement shall be binding on either 9 g r
party unless in writing and signed by both parties.
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IN WITNESS WHEREOF, the parties hereto have caused this
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instrument to be executed by the respective officials thereunto
duly authorized, this the day and year first above written.
ATTEST:
MATTY HIRAI
City Clerk
WITNESS:
APPROVED AS TO INSURANCE
REQUIREMENTS:
SEGUNDO PEREZ
Insurance Manager
CITY OF MIAMI, a municipal
corporation of the State
of Florida
By
CESAR H. ODIO
City Manager
CONSULTANT:
By
REGINALD A. BARKER
APPROVED AS TO FORM AND
CORRECTNESS:
A. QUINN JONES, III
City Attorney
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members c
TO of the City Commission DATE : DLL �991 FILE
Resolution Auth. Execution
ti SUBJECT : of Professional Services
Agmt. for SEO/PW DRI
FROM :Cesar H . Odio REFERENCES: For January 9, 1992
41 City Manager Commission Meeting
i' ENCLOSURES:
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$ECOMMENDATION:
It is respectfully recommended that the City Commission adopt the
attached Resolution, with attachments, authorizing the City Manager
to enter into an agreement, substantially in the form attached, for
!� professional planning services with Reginald A. Barker, AICP, in
conjunction with the completion of the Application of Development
Approval and Development Order(s) for Increment II of the Southeast
Overtown/Park West Development of Regional Impact, for a 12 month
period from January 1, 1992 through December 31, 1992 for a total fee
of $27,000 with funds in that amount from the Southeast Overtown/Park
i West Redevelopment Trust Project Number 689001 of the Department of
Development and Housing Conservation.
The Department of Development and Housing Conservation, Development
Division, recommends that the City Commission adopt the attached
Resolution, with attachments, authorizing the City Manager to enter
into an agreement for professional planning services with Reginald A.
Barker, AICP, in conjunction with the completion of the Application
for Development Approval (ADA) and Development Order(s) for Increment
(or Phase) II of the Southeast Overtown/Park West Development of
Regional Impact (DRI).
At the Planning and Zoning Commission meeting of September 26, 1991,
the Commission adopted Resolution No. 91-590 authorizing the
transmittal of the draft ADA for Increment II of the Southeast
Overtown/Park West DRI to the South Florida Regional Planning Council
(RPC) for sufficiency review pursuant to Chapter 380.06, Florida
Statutes, as amended. The review process requires that the City
respond to RPC comments on the ADA by providing additional planning -
related information which will allow the RPC to make a finding that
the ADA is sufficient or complete for RPC review.
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