HomeMy WebLinkAboutR-89-0248AL
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3/3/89
RESOLUTION NO. 89-248
A RESOLUTION 1/ WAIVING BY A 4/5TH
AFFIRMATIVE VOTE OF THE CITY COMMISSION
THE REQUIREMENTS AND PROHIBITION CONTAINED
IN CITY CODE SECTION 2-302; AUTHORIZING
THE CITY MANAGER TO ENTER INTO AN
AGREEMENT, SUBSTANTIALLY IN THE FORM
ATTACHED, SUBJECT TO THE CITY ATTORNEY
APPROVAL AS TO FORM AND CORRECTNESS, FOR
PROFESSIONAL PLANNING SERVICES WITH
REGINALD A. BARKER, AICP, IN CONNECTION
WITH THE FINALIZATION OF INCREMENT I AND
THE PREPARATION OF INCREMENT II OF THE
SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT
OF REGIONAL IMPACT, FOR A TEN MOUTH PERIOD
FROM MARCH 1, 1989 THROUGH DECEMBER 30,
1989 FOR A TOTAL FEE OF $25,000 WITH FUNDS
IN THAT AMOUNT BEING ALLOCATED FROM THE
14TH YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS.
WHEREAS, Reginald A. Barker, AICP, now a private
consultant, resigned from the City of Miami on August 1, 1987
after 3 years of faithful and effective service; and
WHEREAS, Reginald Barker has demonstrated his expertise in
serving as Project Manager in the coordination of a Development
of Regional Impact Project; and
WHEREAS, the City of Miami has a vital interest in the
finalization of Increment I and the preparation of Increment II
of the Southeast Overtown/Park West Master, Development of
Regional Impact; and
WHEREAS, it is in the best interest of the City to engage a
professional planner with sufficient expertise to finalize
Increment I and prepare Increment II of the Master, Development
of Regional Impact working under the general supervision of the
Assistant City Manager for the Department of Development; and
WHEREAS, Section 18-52.2(a)(2)(ii) of the City Code exempts
this contract from competitive negotiations; and
WHEREAS, funding for their agreement has been identified
from 14th Year Community Development Block Grant Funds allocated
to the Department of Development;
NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
1/ For City Clerk reference, there is an
attachment to this Resolution as herein
stated. _
ATTACHMENT$
CONTAINED
Section 1. The authorization set forth in Section 3 hereof
is based upon the following findings:
(a) THe services of Reginald A. Barker, AICP, are unique
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in character as they relate to certain elements and
tasks of the Southeast Overtown/Park West Development
of Regional Impact.
(b) The City of Miami would like said services to be
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preformed by Reginald A. Barker through the herein
proposed agreement, the execution of which would be
in violation of the City Code Section 2-302 were ther
not a waiver of the requirements and the prohibition
contained in said Section 2-302.
Section 2. Based upon the findings set forth in Section 1
hereof, the requirements and prohibition contained in Section 2-
i 302 of the City Code are hereby waived by a 4/5ths affirmative
—� vote of the City Commission.
Section 3. The City Manager is hereby authorized to enter
into an agreement, substantially in the form attached, subject to
the City Attorney's approval as to form and correctness, for
professional planning services with Reginald A. Barker, AICP to
finalize Increment I and prepare Increment II, for a ten month
period commencing March 1, 1989 through December 30, 1989 for a
total fee of $25,000 with funds in
that amount from loth year
-°
Community Development Block Grant
Funds allocated to the
=
Department of Development.
PASSED AND ADOPTED this 3rd
day of March 1989..
,
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VIER L. SUARE , MAY
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MAT7f HIRAI, CITY CLERK
—
DEPARTMENT OF COMMUNITY DEVELOPMENT
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REVIEW AND APP VAL:
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FRANK C TANEDA, DIRECTOR
DEPARTMENT OF COMMUNITY DEVELOPMENT
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FINANCE REVIEWt
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CARLOS U99VA, DIRECTOR
FINANCE DEPARTMENT
BUDGETARY REVIEWS
AM
MMANN HAR S. SURANA, CTOR
DEPT. OF MANAGEMqw BUDGET
PREPARED AND APPROVED BY:
ROBERTX. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROVED AS TO FORM
AND CORRECTNESS
JURqE-L. ANDEZ,
CITY ATTORNEY
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This Agreement entered into this day of
1989, 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 finalization of Increment I and preparation of
Increment 11 for Southeast overtown/Park West Development of
Regional Impact (the "Project"); and
WHEREAS, it is in the best interest of the City to engage a
well -qualified professional planner to work on the Projectt-under
the supervision of the Assistant City Manager for the Department
of Development; and
WHEREAS, funding for the Project has been identified and
provided in- -the Department of Development's 14th Community
Development Block Grant allocation; and
WHEREAS,' the City Commission passed and adopted Resolution
the City` Manager
a. No• on authorizing'..
to execute this -agreement with Reginald -`A. Barker [Ci for
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professionalplanningservices
NOW, THEREFORE, iri -consideration of the p'ro6mis6s`a;nd-,, ih-
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mutual covenantsandobligations herein contained, - and subj4ctl-to
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the terms and conditions hereinafter stated, -the parties'hei
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rr understand and agree as follows:
I.
TERM
The term of this Agreement' shall befrom Mai ich - 1, .1989,
through December 30, 1989.
II. SCOPE OF SERVICES
�A�
CONSULTANT shall.
Function as the Project Manager reporting,to khefi
Assistant City Manager for
the Department,.
Peyelopment.,, The. CONSULTANT will ser
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for the finalization of increment I and
preparation of Increment ii of the southeast
Overtown/Park West, Development Regional Impact-
(2) provide professional planning services that shall
include but not be limited to:
(a) continuing to research appropriate implementation
measurements and actions that will have the effect of
carrying out the plan
(b) facilitating agreement on the salient features
and implementation measures of the Southeast
Overtown/Park West Master Plan, Development of
Regional Impact through continued discussions with key
representatives of both the public and private
sectors, e.g. the Overtown Advisory Board, Inc., the
Greater Miami Chamber of Commerce and their committees
(c) supervising the preparation of oral and media
presentations for.public hearings
(d) representing the Department of Development'in•
public presentations of the Southeast- Overtbwn/Park
West Master Plan, Development of Regional Impact to
private groups, City boards,' 'City Commission and' the
South,Florida Regional Planning Council-'
(e) supervising the initial implementation measures,
following adoption of the proposed plan, and providing
a'
critical feedback to correct` any administrative;
t deficiencies.
(f) work with other City and County departments :in;
finalizing and preparing Increment I and'II.
III. COMPENSATION
A. The CITY shall pay CONSULTANT, as maximum :`comp�nsakit�n' :far
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the services -required, puzsuant to Paragraph II the
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' $25,000.00}
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LLCompensation''eha11 be paid on an as needed basis upor►;Teti and: approval by,'the CITY of an``invoice from .the` CONSULTANT,77
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C.
All expenditures must be incurred during the contract period
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and verified by original receipts, time records and/or
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telephone logs.
D.
CONSULTANT shall submit invoices and supporting documentation/$
to request payment for services rendered on a monthly basis.
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E,
CITY shall endeavor to pay CONSULTANT within fifteen (15)
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working days from the time expenditures are verified and.the
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invoice is approved for payment.
F6 CITY shall have the right to review and audit the time
records and related records of CONSULTANT pertaining to any.
j payments by the CITY.
G. All office supplies and equipment required in connection with y
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 ,.
h III A above.
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IV. COMPLIANCE WITH FEDERAL, STATEANDLOCAL LAWS
Both parties shall comply with all applicable, laws, r;=
ordinances and codes of federal, state and, local governments.:::
V. GENERAL CONDITIONS ,ti=
A.- All notices or other communications which shall or, may.
be given pursuant to this Agreement shall be, in writing, and,',.- l
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be delivered by personal service, or by registered mail addressed_
_ to the other party,at the .address indicated herein or as the�same -
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may be changed from time to time. Such notice shall be:deemed
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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.
CITY OF MIAMI CONSULTANT N r
Department of Development.... -Reginald A - Barker
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300 Biscayne Blvd. Way 15i45-H SW 45th Terr•
1 Miami, . F1 ,;33185 3
Suite 400
Miami, Fla'' 33131
B• Title and paragraph headings are for convenientu�
�eTerence and are >not 'a part�of.thid�Agreement. rr
C: In the event of 'conflict between the terms of this'
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} igre�s�ent and. any terms or conditions contained in �/
an attad 0
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documents e terms in this Agreement shall rule1 -
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"' a . ay r 4 ,Ga !• .,' -, t, .,. .,:,: '',.>: Y ,..' •.; ; .;., �• > „ , . -?.. .. i., ..n:-$.'... �'
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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, wordo or
phrases contained in this Agreement be determined by a court of
uir u suant
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
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conform with such laws, or if not modifiable to conform with such
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laws, then same shall be deemed severable, and in either event,
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the remaining terms and provisions 'of this Agreement shall remain
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unmodified and in full force and effect.
VI. OWNERSHIP OF DOCUMENTS
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All documents developed by CONSULTANT under this Agreement
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shall be delivered to CITY by said CONSULTANT upon completion of
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*.vices d to ara ra h'II hereof snd' shall
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E, become'the'property of CITY, without restriction or limitation.on F
use. CONSULTANTagrees that all documents maintained and „{
f 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.Y
an information, writin s,` maps, contract documents, re orts or' s` Y 9 P p :rx
any other matter whatsoever which is given by CITY 'to CONSULTANT
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pursuant to this Agreement shall at all times remain the property
of CITY and shall not be used by CONSULTANT for any other purpose`
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whatsoever without the.written consent of CITY. F.
VII.`NONDELEGABILITY rz
That the obligations undertaken -by CONSULTANT 'Pureuan.
j this 'Agreement' shall not be '`delegated or,assigned to .any
person or firm.`unless' CITY shall first 'consent in 'writing to nth 4�F -
performance 'or ai�signment of such'' service or any part> thereorr5�'�
another' person, oar firm.
F}r 'ar a ti k� .
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The 'CONSULTANT agrees that
there shall be no subcontracts in �0{
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
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—
The CITY reserves the right to audit the records of A.
CONSULTANT at any time during the performance of this Agreement f
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and for a period of one year after final payment is made under
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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: R
This Agreement shall ,be construed Wand : enforced according _to ,w
the laws of -the State of Florida.
'
XI. SUCCESSORS AND ASSIGNS'
This Agreement shall be binding upon the parties herein
F #y
their, heirs, executors, legal representatives, successors, and
assigns.
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- .. XI I. INDEMNIFICATION
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The:CONSULTANT shall indemnify and save CITY harmless from
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and against any and all claims., liabilities, losses, and causes of
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action, wh ch stay 'arise, out of the .CONSULTANT's.:pex o•rmance va;1
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the; 'provision., of this Agreement, ',-.including a1.1., acts or om�,�s�ions
, kt �s T$
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:tc►,:act;:on the part, of CONSULTANT,,inc7udin, 9 P Pefgr� _
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under -thf 8 Agreement.. for_or,. +on C9NSULTAN� :;s behalf :- prouide t 4 _
Any; such claims,.: l iabiliti,es,..losses and z�cnset�..of sruo ,act „ f
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dttributable to the fault of CONSULTANT, and, a►ttd
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result from CONSULTANT'S perrormance =. - -----
from and against all casts, attorneysfees, expenses and
liabilities incurred in the defense of any such claim, or the
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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#
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_ CONSULTANT shall indemnify the CITY accordingly. in any event
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the CITY shall promptly notify CONSULTANT as soon as it has notice -
of any matter for which this indemnity provision may be
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i applicable.
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XIII. CONFLICT OF INTEREST
The CONSULTANT covenants that no person under its employ who
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presently exercises any functions or responsibilities in
ersonal financial.
f�. connection with this Agreement has any p
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st, direct or indirect, in the work product of this
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- Agreement. The CONSULTANT further covenants that, in the
s pof this Agreement, no person having such conflicting-
'`employed- Any such interests on the part . of the
interest shall be-
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CONSULTANT or its employees must be disclosed in writing to thei
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CITY. The CONSULTANT, in the performance of this Agreement, shall
be subject to the more restrictive law,,and/or guidelines''<regarding,_
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t conflict' " of interest promulgated' by federal, St+afe br "local Y ;
government
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The CONSULTANT is aware the conflict of `interest laws' of
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G the City of Miami (City of Miami Code Chapter 2, Article V), '
bade
. County Florida (Dade County `'Section 2--11.1) and the` State of
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Florida, and agrees that it will fully comply in all respects with x{,
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the 'terms` of said laws.
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XIV. INDEPENDENT CONTRACTOR":'"`
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The CONSULTANT and its `'empoyees and agents"shall' be `"deems EFL p
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t tc " be independent ` coptractors", and not :agents`- of eplvyees
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CI'1'SC,-- and shall'.'not attain -any' rights or benef�`ts'under the =CiWI zy
gervice` or Perieiori `Ordinances `of' C1TY, rights "genre.! t
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., afforded ''classified or unclassified employees: further
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shall riot 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
j
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
i CONSULTANT an amount in excess of the total sum provided by this
'! Agreement.
?f 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 hot in default
Under the terms of this Agreement. If CONSULTANT is' in default,`
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then shall in no way be obligated and shall not pay
CONSULTANT any'sum whatsoever. ^"
XVI. NONDISCRIMINATION
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The CONSULTANT agrees that it shall not discriminate as to,
race, sex,` color, creed, national origin, or handicap
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connection with its performance under this Agreement.
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Furthermore that no otherwise qualified individual sha"11;_
solel b reason of his/her race, sex, dolor,.creed, national"
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origin, or handicap, be excluded=from- the participation in, be ,x
denied benefits of, or be subjected to discrimination, under any
program or activity receiving federal financial assistance.
XVII. MINORITY PROCUREMENT COMPLIANCE
z The CONSULTANT acknowledges that , it has been furnished
copy of Ordinance No. 10062, the Minority procurement ordinance
j''- the City of Miami, and agrees to comply with all ;pplfeahles°`fi
substantive and procedural' provisions therein, includinig attl►t=
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amendments thereto.„
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CONTINGENCY` OLAUSIS
XV I I I . �.'
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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I XX. ENTIRE AGREEMENT
This instrument and its attachments constitute the sole and
s
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, t
negotiations, or representations not expressly set forth in this
Agreement are of no force or effect.
XXI. AMENDMENTS
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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 jVrs
'instrument to be executed by the respective officials thereunto
duly authorized, this the day and year first above written.
CITY OF MIAMI, a Municipal
Corporation of the Stake
0 of, Florida
ATTEST s
By 3 ,
1 : MATTX HIRAI CESAR H. ODIO ;a=
City Clerk City Manager Frt
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ATTESTt
CONSULTANTS
Corporate secretary
APPROVED AS TO INSURANCE
REQUIREMENTSt
Insurance Manager
By
Reglnald A. Harker
CORPORATE SEAL
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GIN OF MIAMI. FLORIdA
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
To : of the City Commission DATE `3 ��89 FILE
f' Resolution Authorizing the
SUBJECT . City Manager to Execute an
JA
, , Agreement for Professional
L '� .4'�' Services with Reginald A.
FROM : Cesar H. Odio REFERENCES :Barker
City Manager For, City Commission Meeting
ENCLOSURES: of March 3, 1989
6
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the
attached :.;resolution waiving by . a- .4/5th affirmative- vote,,., -the,
requirements and prohibition contained in City Code Section 2-302
and•.. authorizing .the..;.execution of an' agreement,-- in'"subs.tantlally
the form attached hereto and subject. to the City Attorneys {
approval, as: to -form and correctness, with Reginald A.:'Barker
,
AICP for professional planning services in connection withf'
finalization..-lncrement I of: the Southeast Over town/Pikk-,West
Development of Regional Impact (DRI) and preparation of the
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Increment;, II: of- the . same.
BACKGROUND:
Reginald A. Barker served as Project Manager, for the Department
of. Development,- for' the- completion ,o.f Increment I. of the
Southeast Overtown/Park West, Master, Development. of Regional.
Impact. Mr. Barker obviously -has,the expertise to coordinate.lthe
,_. finalization of Increment I and preparation of Increment 'II.'va 4
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-;this:,agreement
Funding for this agreement will=: be.. made -available from''14th` Year
Community Development Block Grant Funds allocated to Department
Zi ' of ::Development.`.
i Attachments..
Proposed Resolution
Proposed Agreement
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