HomeMy WebLinkAboutR-90-0571J-90-34
1/18/00
RESOLUTION NO. 9 0" 571
A RESOLUTION, WITH ATTACHMENTS,
AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT, SUBSTANTIALLY IN THE
FORM ATTACHED, FOR PROFESSIONAL PLANNING
SERVICES1 WITH REGINALD A. BARKER# AICP#
IN CONJUNCTION WITH THE. COMPLETION OF THE
APPLICATION FOR DEVELOPMENT APPROVAL FOR
INCREMENT II OF THE SOUTHEAST
OVERTOWN/PARK WEST DEVELOPMENT OF
REGIONAL IMPACT, FOR A 13 MONTH PERIOD
FROM JULY 27, 1990 THROUGH AUGUST 27#
1991 FOR A TOTAL FEE OF $40,000 WITH
FUNDS IN THAT AMOUNT BEING ALLOCATED FROM
THE SOUTHEAST OVE RTOWN/PARK WEST BOND
FUND PROJECT NUMBER 113010 OF THE
DEPARTMENT OF DEVELOPMENT AND HOUSING
CONSERVATION.
WHEREAS, 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 Southeast Overtown/Park West; and
WHEREAS, it is in the best interest of the City to engage a
=+ professional planner with sufficient expertise to facilitate the
-j preparation of the ADA for Increment II of the DRI under the general
ri w
supervision of the Assistant City Manager for the Department of
Development; and
WHEREAS, Reginald A. Barker, AICP, served as project manager
for the completion of the ADA for the Southeast Overtown/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 has been
identified from Southeast Overtown/Park West Bond Fund allocated to
the Department of Development and Housing Conservations
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDAs
ATTACHMENTS
i CONTAINED
crry COMMON
XWMG OF ....
JUL, 26 so
�y .90 r
i
Section 1.
The City Manager is hereby authorised to enter into
an agreement, substantially in the form attached, subject to the
City Attorney Ia approval as to form and correctness, for
professional planning services with Reginald A. Barker, AtCp, to
prepare the Application for Development Approval for Increment 11 of
the Southeast Overtown/Park West DRI, for a 13 month period
commencing July 27, 1990 through August 27, 1991 for a total fee of
$40,000 with funds in that amount from Southeast Overtown/Park West
Bond Fund allocated to the Department of Development and Housing
Conservation.
Section 2. This Resolution shall become effective immediately
upon its adoption.
PASSED AND ADOPTED this 26th day of
FINANCE REVIEW:
CARLOS ORCIA, DIRECTOR
FINANCE DEPARTMENT
BUDGETARY REVIEWt
MAHOHAR S. SU , DIRECTOR
DEPARTMENT OF DGET
PREPARED AND APPROVED BYt
/P4 e �- 9 e4
LINDA KEARS N
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
JO GE F RNJMDEZ
CI Y ATTO EX
-2-
1990.
77
This Agreement entered into this day of ,
t s.
1990# 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 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, at the preapplication conference an Agreement to
Delete Questions from the ADA for Increment II of the DRI was
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 RFC by
January 31, 1991; 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
RRRAS, the City COMMibsibn passed and adopted Rseolation
140. can _ ...._. . 1990P authorizing the City Manager to
execute this agreement with Reginald A. barker, AICP for
profestional planning services.
NO`* 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 July 27, 1990
through August 27, 1991.
II. SCOPE OF SERVICES
CONSULTANT shall:
(1) Function as the Project Manager in completing and
filing the ADA for Increment II of the Southeast
Overtown/Park West DRI.
(2) Report to the Assistant City Manager for the
Department of Development and Housing Conservation in
carrying out responsibilities under this Agreement.
(3) Complete Questions 1-12, 20, 21, 23, 24, 26, 28, 29,
30 and 32 from the Application for Development
Approval (see Exhibit I) in consultation with and
assisted by City Staff.
(4) Coordinate the overall planning efforts with technical
consultants hired by the City to respond to technical
questions from the ADA for Increment II of the DRI.
(5) Assist in the negotiation and preparation of the
Increment II Development Order for the Southeast
Overtown/Park West DRI.
(6) Represent the Department of Development in public
presentations of the ADA 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.
-2 -
Ll
0
(7 ) Supervise the preparal►tion of oral and visual dia-
(grephids) for public hearings on the ADA for
lndrement It of the DRI.
( ) Fork, with ether City and County departments in
preparing the ADA for Increment II of the Southeast
Overtown/Park West DRI.
III. COMPENSATION
A. The CITY shall pay CONSULTANT, as a maximum compensation for
the services required, pursuant to Paragraph II hereof,
$400000.00
B. Compensation shall be paid upon receipt and approval by the
CITY of an invoice from the CONSULTANT.
C. All expenditures must be incurred during the contract period
and verified by original receipts, time records and/or
telephone logs.
D. CONSULTANT shall submit invoices and supporting documentation
to request payment for services rendered on a monthly basis.
E. CITY shall endeavor to pay CONSULTANT within fifteen (15)
working days from the time expenditures are verified and the
invoice is approved for payment.
F. CITY shall have the right to review and audit the time
records and related records of CONSULTANT pertaining to any
payments by the CITY.
G. All office supplies and equipment required in connection with -
the Project shall be furnished by the City. 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.
I.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.
V. GENERAL CONDITIONS
A. All notices or other communications which shall or may
be given pursuant to this Agreement shall be in writing a►nd shall
be delivered by personal service, or by registered mail addressed
I
+i u
k
to the other panty at the address indicated herein or at the ease
may be changed from time to time. Such notice *hall be deemed
given on
the
day on
which
personally
servedl
or,
if by
mail, ern
the fifth
day
after
being
posted or
the date
of
actual
receipt,
whichever is earlier.
CITY OF MIAMI CONSULTANT
Department of Development Reginald A. Barker
300 Biscayne Blvd. Way P.O. BOX 1719
Suite '400 Alachua, FL 32615
Miami, Fla 33131
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 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.
�4-
It is further dfidetatoOd by and between the parties that
any information, writings, maps, contract documents, reports or
any other matter whatsoever which is given by CITY to Cat SULTANT ''
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, NONDELEGASILITY
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. 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.
"5x
11
XI 4 _. �It�CCESOMS AND- hi8$I01$
This Agreement shall be binding upon the parties herein
their heirs, executorat legal representatives, successore, and
assigns.
XII. INDEMNIFICATION
The CONSULTANT shall indemnify and gave 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
CONSULTANT or its employees must be disclosed in writing to the
CITY. The CONSULTANT, in the performance of this Agreement, shall
be subject to the more restrictive law and/car guidelines regarding
conflict of interest promulgated by federal, state or local
government.
-6-
The 0014BULT'ANT is aware of the confliot of interest le►ws `cif
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
f'lorida, and agrees that it will fully comply in all respects with
the tagme 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 no way be obligated and shall not pay to
CONSULTANT any sum whatsoever.
XVI. NONDISCRIMINATION
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.
gp- 571
-7
11
i
Purtherwre 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.
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, promisee,
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 eitber t
party unless in writing and signed by both parties.
9Qv! 571.
waw
�„ 'wu'>kti':a. ✓Sa�V $C'S Y' �' &. '+R
x
is
-tau
r
fN WITYgSS
WHE"Or t
the parties hereto have caused this
instrument to be
executed
by the resPective officials thereunto
duly authorised#
this the
day and year first above written.
CITY OF MIAMI, a Muni+cial—
Corporation of the State_
4
of Florida.21
—i
ATrEST i
Fz
By
CESAR H. ODIO
t_
MATT Y HIRAI
City Manager
City Clerk
t:Y
CONSULTANT:
y�IITNESS:
By
Reginald A. Harker
—
CORPORATE SEAL
;k
APPROVED AS TO INSURANCE
APPROVED AS TO FORM AND
CORRECTNESS:
F;
REQUIREMENTS:
TM
h
JORGE L. FERNANDEZ
Insurance Manager
City Attorney
i-`
f
1
{
t
j
r
— j
—
s?
T
A
yak
hJ=
�t
904W
!F
ty
5 �1`l' y � A'd', V �'�. iR :t i ,�a. r'Vu:FSe F`� •�v L �F'-t_r n�� � ��
�
M
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members DATE FILE k
of the City Commission JUL 18 1990
Resolution Authorizing the
SUBJECT
City Manager to Execute an
Agreement for Professional
Services with Reginald_ A. Bark6r';T.
FROM Cesar H. Odi REFERENCES:
City Manager For City Commission Meeting
ENCLOSURES : Of July 12, 1990
RECOMMMUDATION:
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 Reginald A.
Barker, AICP for professional planning services in connection
with responding to the Application for Development Approval for
Increment II of the Southeast Overtown/Park West of Regional
impact (DRI) with the South Florida Regional Planning Council.
BACKGROUND:
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 Reginald A. Barker, AICP.
The Development Division has reviewed information related to the
Master Development order of the Development of Regional Iftipact
for the Southeast Overtown/Park West Redevelopment Project area.
It is in the best interest Qf the City to prepare the Development
order for Increment 11. This action would provide, greater
flexibility with respect to the Phase II Southeast Overtown/ParX
West development which has- been initiated, Accordingly, Mro
Barker's Scope of Services will include the coordination*
preparation and submittal of the Application for Development
Approval for the above mentioned project.
Attachments:
Proposed Resolution
Professional Services Agreement