HomeMy WebLinkAboutR-90-0868J-90-905
11/1/90
RESOLUTION NO. 9 0 _ ,g 6 8
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO EXECUTE THE NEGOTIATED
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, BETWEEN THE CITY OF MIAMI AND KEITH AND
SCHNARS, P.A. TO PROVIDE TRANSPORTATION
PLANNING AND ENVIRONMENTAL ENGINEERING
SERVICES IN RESPONSE TO TRANSPORTATION
RELATED QUESTIONS FROM THE APPLICATION FOR
DEVELOPMENT APPROVAL FOR THE SOUTHEAST
OVERTOWN/PARK WEST DEVELOPMENT OF REGIONAL
IMPACT FOR A TOTAL FEE OF $89,860.00 WITH
FUNDS IN THAT AMOUNT BEING ALLOCATED FROM THE
SOUTHEAST OVERTOWN/PARK WEST BOND FUND,
PROJECT NO. 113010, OF THE DEPARTMENT OF
DEVELOPMENT AND HOUSING CONSERVATION.
WHEREAS, pursuant to City Code Section 18-52.3, the City
Commission adopted Resolution No. 90-503 on July 12, 1990, which
designated as a Category B project the acquisition of
transportation related questions from the Application for
Development Approval for the Southeast Overtown/Park West
{' Development of Regional Impact; and
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I WHEREAS, the Competitive Selection Committee ranked Keith
and Schnars, P.A. the number one ranked firm in accordance with
the Competitive Negotiations Act, defined in Florida Statutes
!,. 287.055, City of Miami Ordinance No. 9572 and City Code
j' Section 18-53.3, as amended; and
` WHEREAS, Resolution No. 90-775, adopted October 18, 1990,
approved the recommendation of the Competitive Selection
Committee and further authorized the City Manager to negotiate a
contract pursuant to City Code Section 18-52.3(g), for a
compensation which is fair competitive and reasonable;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recital and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as is fully set forth in this
Section.
'ATTACHMENTS
CONTAINED
CITY COMMISSION
MEETING OF
NOV 8 1990
90- 868
REtOLUTtOR Ib. - --
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Section 2. The City Manager is hereby authorized to
enter into an agreement/, in substantially the attached form,
for professional transportation planning and environmental
engineering services in response to related questions from the
application for Development approval for the Southeast
Overtown/Park West Development of Regional Impact for a total fee
of $89,860.00 with funds in that amount being hereby allocated
from Southeast Overtown/Park West Bond Fund, Project No. 113010,
of the Department of Development and Housing Conservation.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 8th day of November 1990.
CITY CLERK
BUDGETARY REVIEW:
MANOHAR S. A, DIRECTOR
DEPARTMENT_ BUDGET
PREPARED ANY) APPROVED BY:
LINDA V. KEARSON
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
. � ['A %- - A--'Zp�7
JOfGE- L. FEIINANETZ
CITY ATTOR Y
LKK:gb:bss:M1866
XAVIER L.
, MA
FINANCIAL REVIEW:
CARLOS E GARCIA, DIRECTOR
DEPARTMENT OF FINANCE
1/ The herein authorization is further subject to compliance with
all requirements that may be imposed by the C?.ty Attorney,
including but not limited to those prescribed by applicable
City Charter and Code provisions.
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PRQFESSIONAL SERVICES AGREEMENT
This Agreement entered into this day of ,
1990, by and between the CITY OF MIAMI, a municipal corporation of
the State of Florida, hereinafter referred to as "CITY", and Keith
and Schnars, P.A. a Corporation, hereinafter referred to as
"CONSULTANT".
RECITAL
WHEREAS, the City is desirous of approving and issuing a
Development Order for Increment II of the Southeast Overtown/Park
West Development of Regional Impact (DRI); and
WHEREAS, the Development Order for Increment II of the DRI
will facilitate and expedite the continued redevelopment of
Southeast Overtown/Park West; and
WHEREAS, on January 30, 1990 a preapplication conference
was held at the South Florida Regional Planning Council (RPC) to
discuss the Application for Development Approval (ADA) for
Increment II of the Southeast Overtown/Park West DRI; and
WHEREAS, the City of Miami must submit an Application for
Development approval for Increment II as well as respond to
conditions contained in the Increment I Development Orders
relative to air quality monitoring and modeling; and
WHEREAS, Keith and Schnars, P.A. was ranked No. 1 by a
competitive selection committee and approved by the City
Commission as the firm most qualified firm to provide -
transportation planning and environmental engineering services in
response to transportation related and air quality questions from
the application for Development approval for the Southeast
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Overtown/Park West Development of Regional Impact.
WHEREAS, the City Commission passed and adopted Resolution
No. on November 8, 1990, authorizing the City Manager to
execute this agreement with Keith and Schnars, P.A. for
professional planning and environmental engineering services.
WHEN RETURNING FOR FURTI R
!� REVIEW, PLEASE IDENTIFY AS
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C�i3� 90- 868
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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:
I. TERM
The term of this Agreement shall be from November 6, 1990
through December 31, 1991.
II. SCOPE OF SERVICES
CONSULTANT shall:
(1) Be under the general supervision of the Assistant City
1-i'' Manager (ACM) for the Department of Development and Housing
Conservation and direct supervision of the Project Manager
appointed by the ACM.
(2) Complete Question 13, Air Quality (see Exhibit I) and
Question 31, Transportation (see Exhibit II) from the
Application for Development Approval (ADA), an instrument of
the South Florida Regional Planning Council (RPC), in
consultation with the Project Manager and other relevant
individuals, departments and agencies.
(3) Meet Conditions 2, 3, 4 and 5 from the Increment I
Development Order (DO) for the Southeast Overtown/Park West
Development of Regional Impact (see Exhibit III) in
consultation with the Project Manager and other relevant
individuals, departments and agencies.
(4) Provide supplemental information requested in the RPC
adequacy statement dealing with explanations and
clarifications of information and data submitted in the
original ADA for Increment II of the Southeast Overtown/Park
West DRI.
(5) Provide supplemental information requested by the RPC '
dealing with explanations and clarifications of information
and data submitted as a part of meeting Increment I DO
Conditions.
(6) Assist in the negotiation and preparation of the Increment
II Development Order for the Southeast Overtown/Park West
DRI.
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(7) Participate in meetings and public presentations relative to
the ADA and Increment I DO Conditions. Meetings may be held
with and presentations may be made to private groups, City
boards, the City Commission and the South Florida Regional
Planning Council.
(8) Provide maps and graphics required in the ADA and to meet
Increment I DO Conditions in reproducible (black and white)
format at 24" x 36" and 8 1/2" x 11. One copy of each of
the large scale (24" x 3611) maps and graphics shall be
mounted for display purposes.
(9) Provide, in camera-ready form, necessary written responses
to ADA questions and Increment I DO Conditions.
III. COMPENSATION
A. The City shall pay Consultant, as a maximum compensation for
the services rendered, pursuant to Paragraph II hereof,
$89,860.00.
B. The maximum compensation for service rendered pursuant to
Paragraph 2 hereof shall be adjusted if the Consultant is
not required to expend funds for providing security at an
air quality monitoring station required to meet Development
Order conditions and provide data to respond to ADA
questions.
The expenditure of funds for security shall be verified by
the Consultant presenting a contract to the City between
the Consultant and a security firm.
C. Such compensation shall be paid on the following basis:
Contract Execution.............................10%
Completion of Field Surveys (Data Collection)
and Analyses.................................20% ,
ADA and Increment I DO Conditions to City....4.20%
ADA and Increment I DO Conditions to RPC
(Draft Report)...............................20%
DevelopmentOrder..............................20%
ADA and Increment I DO Conditions to RPC
(Final Report)...............................10%
LOW
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D. The compensation for services rendered under this Agreement
shall include all costs incurred by the Consultant for
travel, -.necessary data collection, assembly and analysis;
reproduction; photo reductions; deliveries; meetings and
presentations; and clerical services necessary to complete
the ADA and meet Increment I DO Conditions.A. The CITY
shall pay CONSULTANT, as a maximum compensation for
E. All expenditures must be incurred during the contract period
and verified by original receipts, time records and/or
telephone logs.
F. CONSULTANT shall submit invoices and supporting documentation
to request payment for services rendered on a monthly basis.
G. CITY shall endeavor to pay CONSULTANT within fifteen (15)
working days from the time expenditures are verified and the
invoice is approved for payment.
H. CITY shall have the right to review and audit the time
records and related records of CONSULTANT pertaining to any
payments by the CITY.
I. All office supplies and equipment required in connection with
the Project shall be furnished by the CONSULTANT. Such
supplies and equipment shall not be considered as
compensation for the purpose of the maximum compensation
limit set forth in paragraph III A above.
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 CONDITION
A. All notices pr 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 registered mail addressed
1.
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.
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CITY OF MIAMI CONSULTANT
Department of Development John Goodknight
and Housing Conservation Keith and Schnars, P.A.
300 Biscayne Blvd. Way 8880 N.W. 20th Street
Suite 400 Suite A
Miami, Fla 33131 Miami, Florida 33172
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
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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 States 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.
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 Statues.
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
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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.
IX. AWARDOF AGREEMEN
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.
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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.
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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, 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
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CONSULTANT or its employees must be disclosed in writing to the
CITY. The CONSULTANT, in the performance of this Agreement, shall
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be subject �o 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
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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.
XIV INDEPENDENT CONTRACTOR
The 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 he/she
shall not be deemed entitled to the Florida Workers' Compensation
benefits as an employee of CITY.
XV. TERMINATION OF CONTRACT
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 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 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 said CONSULTANT is not in default
under the terms of this Agreement. If CONSULTANT is in default,
then CITY shall in ro way be obligated and shall not pay to
CONSULTANT any sum whatsoever.
XVI. NONDISCRIMINATION
yr ,
The CONSULTANT agrees that it shall not discriminate as to
race, sex, color, creed, national origin, or handicap in
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
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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
1, 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 PROVISIQN
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.
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
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 thereunto
duly authorized, this the day and year first above written.
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ATTEST:
MATTY HIRAI
City Clerk
CORPORATE SECRETARY
i
i
APPROVED AS TO INSURANCE
REQUIREMENTS:
Insurance Manager
CITY OF MIAMI, a Municipal .
Corporation of the State
of Florida
By
CESAR H. ODIO
City Manager
CONSULTANT:
By
John Goodknight
Keith and Schnars, P.A.
APPROVED AS TO FORM AND
CORRECTNESS:
JORGE L. FERNANDEZ
City Attorney
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM 21
TO Honorable Mayor and Members
of the City Commission
FROM Cesar H. Odio
City Manager
DATE V 6 1`" FILE .
SUBJECT Resolution Authorizing the City
Manager to Execute an Agreement
for Professional Services with
Keith and Schnars, P.A.
REFERENCES
For City Commission Meeting of
ENCLOSUREsNovember 8, 1990
It is respectfully recommended that the City Commission adopt the
attached resolution authorizing the execution of an agreement, in
substantially the form attached hereto and subject to the City
Attorney's approval as to form and correctness, with Keith and
Schnars, P.A. for professional transportation planning and
environmental engineering services in response to transportation
related questions from the application for Development Approval for
the Southeast Overtown/Park West Development of Regional Impact.
The Development Division of the Department of Development and Housing
Conservation, recommends that the City Commission authorize the City
Manager to execute a Professional Services Agreement with Keith and
Schnars, P.A.
The City is desirous of filing an 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 for the continued phased development of the
Southeast Overtown/Park West Redevelopment Project.
Pursuant to City Code Section 18-52.3, the City Commission passed and
adopted Resolution No. 90-5-3 on July 12, 1990, which designated as a
Category H project the acquisition of transportation planning and
environmental engineering services in response to transportation
related questions from the Application for Development Approval for
the Southeast Overtown/Park West Development of Regional Impact.
The Competitive Selection Committee ranked Keith and Schnars, P.A.
number one as the most qualified firm to provide the requested
services. A resolution was adopted on October 18, 1990 that approved
the recommendation of the Selection Committee and authorized the City
Manager to proceed with contract negotiations.
Honorable Mayor and Memebers
of the City Commission
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Compensation for the attached Agreement have been allocated from The
Southeast Overtown%Park West Bond Fund, Project No. 113010.
Attachments:
Proposed Resolution
Profesional Services Agreement
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