HomeMy WebLinkAboutR-88-1095C IP
J-88- 1089
11/2/88 14g-1095
RESOLUTION N0.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AMENDED AGREEMENT, SUBSTANIIAtIY" IN THE FORM
ATTACHED, WITH ROBERT D. CRUZ, FOR PROFESSIONAL
PLANNING SERVICES IN CONNECTION WITH THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PIAN, BY INCREASING THE
CONTRACT AMOUNT WITH ADDITIONAL FUNDS IN THE AMOUNT OF
$6,000 FOR THE PERIOD OCTOBER 1, 1988 TO SEPTEMBER 30,
1989, TO BE EXPENDED FROM THE SPECIAL REVENUE FUND:
"MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN: FY'87-'88".
WHEREAS, by Ordinance 10340; November 19, 1987, the City Commission
authorized acceptance of a grant in Local Government Comprehensive Planning
Assistance Funds from the State of Florida to commence updating the Miami
Comprehensive Neighborhood Plan as mandated by Chapter 163.3161 F.S.;
appropriated funds for purposes of the grant, and authorized the City Manager
to execute the City of Miami/State of Florida grant agreement; and
WHEREAS, by Resolution 87-337, March 13, 1987, the City Commission
authorized the City Manager to execute an agreement with Robert D. Cruz for
professional planning services pertaining to the preparation of the Miami
Comprehensive Neighborhood Plan to conform with Chapter 163.3161 F.S.; and
WHEREAS, the City entered into an agreement with Robert D. Cruz on April
10, 1987; and
WHEREAS, an amendment to this agreement was made and entered into on
February 3, 1988; and
WHEREAS, the Miami Comprehensive Neighborhood Plan, as updated in
conformity with Chapter 163.3161 F.S., was submitted to the State of Florida,
Department of Community Affairs (DCA) for compliance review on September 1,
1988; and
WHEREAS, the City Manager believes that it is in the best interest of the
City to continue to engage professional planning expertise to assist in the
revision of the proposed plan in response to comments received from the DCA;
and
WHEREAS, the Consultant, working under the direct supervision of the
Planning Director, has proven to be valuable to preparation of the
Comprehensive Plan; and
^CITY COMMISSION
MEETING OF
NOV 17 1988
sou,nor, �IoAB`'109.5
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WHEREAS, funding for this agreement has been identified for Fiscal Year
'88-'89 from Special Revenue Fund: "Miami Comprehensive Neighborhood Plan:
FY'87-'88"; and
WHEREAS, funding for this agreement during Fiscal Year '88-'89 is
available from Local Government Comprehensive Planning Assistance Funds from
the State of Florida; and
WHEREAS, no new jobs are created under this agreement, the First Source
Hiring Ordinance is not applicable;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manager is hereby authorized to execute an amended
agreement, substantially in the form attached, with Robert D. Cruz, for
professional planning services in connection with the Miami Comprehensive
Neighborhood Plan 1989-2000, with funds in the amount of $6,000 for the period
October 1, 1988 to September 30, 1989, to be expended from the Special Revenue
Fund: "Miami Comprehensive Neighborhood Plan: FY'87-'88".
PASSED AND ADOPTED this 17th day of November 1988.
XAVIER L. SUARE , MAYOR
PREPARED AND APPROVED BY:
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
' --
J RGE . FIPNANDEZ
CITY ATTO EY
88-1095
-2-
AMENDMENT *2 TO PROFESSIONAL SERVICES AGREEMENT
DATED APRIL 10, 1987
THIS AMENDMENT made and entered into this day of , 1988,
amending a Professional Services Agreement dated April 10, 1987, between the
CITY of MIAMI a Municipal Corporation of the State of Florida, (hereinafter
referred to as "CITY"), and Robert D. Cruz, an individual, 15231 S.W. 155th
Avenue, Miami, FL 33157, (hereinafter referred to as "CONSULTANT").
R E C I T A L
WHEREAS, preparation of the City of Miami Comprehensive Neighborhood
Plan 1988-2000 (the "Plan") is currently underway to comply with the Local
Government Comprehensive Planning and Land Development Regulation Act, Chapter
163, Florida Statutes and Chapter 9J-5 FAC, Minimum Criteria for Review of
Local Government Comprehensive Plans and Determination of Compliance; and
WHEREAS, Chapter 163,F.S. anticipates that the City will continue to
work on and refine its comprehensive plans after the submission date of
September 1, 1988; and
WHEREAS, the CITY must insure that certain tasks pertaining to the
preparation of the Miami Comprehensive Neighborhood Plan 1988-2000 are
completed in a timely anner in order to meet an adoption deadline to be set
in early 1989 by the State of Florida Department of Community Affairs; and
WHEREAS, monitoring and implementation of the Plan are required
following its adoption; and
WHEREAS, a new zoning ordinance, consistent with the Plan, must be
adopted within one year following the plan's adoption; and
WHEREAS, it is in the best interest of the City to maintain this well -
qualified professional planner to assist in the continued preparation of the
Plan under the general supervision of the Planning Director; and
WHEREAS, funding for the Plan has been allocated from State of Florida
FY'88 Local Government Comprehensive Planning Assistance Funds;
NOW THEREFORE, the parties agree that the following sections of the
Professional Services Agreement, as amended, shall be further amended as
follows:
V '11FN RF.T'-" FOR r• y'RTHF.R
H�--109.5
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TERM:
The term of this Agreement shall be from October 1, 1988 through
September 30, 1989.
II.
rimreutrtnu.
The CONSULTANT shall be under the supervision of the Planning Director,
or his designee, for work related to the Comprehensive Plan and any and all
interpretations of conformance to Chapter 9J-5 FAC shall be approved by the
Planning Director. For work related to the coordination of the Strategic Plan
with the Comprehensive Plan, the CONSULTANT shall be responsible to the City
Manager, or his designee.
SCOPE OF SERVICES:
The CONSULTANT shall be assigned specific tasks related to the Plan on an as
needed basis.
These tasks will include:
(a) work product editing and proof reading;
(b) verification of work product conformance with Chapter 9J-5;
(c) checking for internal consistency between various elements of work
product;
(d) resolution of instances, of work product non-conformance and
inconsistencies (including contacting and working with Planning
Department staff and Comprehensive Plan consultants, staff of
other City departments, staff of the Dade County Planning
Department, planning staff of other Dade County municipalities,
the South Florida Regional Plannning Council staff and the State
of Florida Department of Community Affairs);
(e) assistance in the preparation and presentation of final work
product documents; -
(f) other tasks related to the preparation of the Plan and
satisfaction of the Local Government Comprehensive Planning and
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Land Development Regulation Act, Chapter 163, Florida Statutes and
Chapter 9J-5 FAC, minimum criteria for review of Local Government
Comprehensive Plans and Determination of Compliance, as assigned
by the Chief of Advance Planning;
(9) providing professional advice and services on aspects of the
various planning elements, to the Planning Department and other
City Staff; and
(h) coordinating the conformity, development and implementaticn of the
City's Strategic Plan with the Comprehensive Plan, as directed by
the City Manager, or his designee. To that effect, the Consultant
will check all capital project proposals submitted by City
Departments to the Strategic Planning Unit to determine the extent
to which the projects would be in conformance with,and further the
goals, objectives and policies of the Comprehensive Plan.
IY.
COMPENSATION
A. CITY shall pay CONSULTANT, as maximum compensation for the
services required pursuant to Paragraph II thereof, $12,000.00 for
the period of October 1, 1988 - September 30, 1989.
B. Such compensation shall be paid on the following basis:
For the period October 1, 1988 - September 30, 1989, the
CONSULTANT shall provide planning services related to the Plan, on
an as -needed basis as required by the Planning Director or his
designee. The CONSULTANT shall be paid up to $1,500 biweekly at
the rate of $30.00 per hour. The CONSULTANT shall not be paid
more than $1,500 during any two -week pay period. This fee may be
paid on a biweekly basis. Payment of all taxes and expenses such
as income tax, social security, health and major medical
insurance, personal insurances and general expenses of any kind
not provided for in this Agreement will be the responsibility of
the CONSULTANT.
All office space, supplies, equipment and parking required
in connection with the Project shall be furnished by the CITY.
The CONSULTANT shall be reimbursed for travel and mileage
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4
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expenses, at $0.2O per mile, authorized by the Planning Director
and approved by the City Manager. Such supplies, equipment,
parking, mileage and travel expenses shall not be considered as
compensation for the purposes of the maximum compensation limit
set forth in paragraph IV A. above.
C. CITY shall have the right to review and audit the time records and
related records of CONSULTANT pertaining to any payments by the
CITY.
THE PROFESSIONAL SERVICES AGREEMENT entered into on the 1Oth day of
April, 1987, remains in full force and effect and shall not be deemed to be
repealed, amended, or modified in any manner whatsoever, except as hereinabove
specifically provided.
IN WITNESS WHEREOF, the parties hereto have individually and through
their proper corporate officials executed this Amendment the day and -year
first above written.
ATTEST:
City Clerk
WITNESSES:
'
MAE
APPROVED AS TO INSURANCE
REQUIREMENTS:
__XC 42�
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lum
Assistant director
General Services Administration
CITY OF MIAMI, a municipal
Corporation of the State of
Florida:
By:
City Manager
CONSULTANT:
By: �
o er ruz
SS# 266-25-4691
(NOTE: If CONSULTANT is not
a Corporation, two
witnesses must sign.)
APPROVED AS TO FORM AND
CORRECTNESS:
City Attorn y
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lJ
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members DATE FILE
of the City Commission NOV 7 1980
suaiECT Resolution Authorizing the
City Manager to Execute an
Amended Agreement for
FROM REFERENCES Professional Services with
Cesar H. Odi Robert 0. Cruz
City Manager ENCLOSURES
It is respectfully recommended that the City Commission adopt the attached
resolution authorizing the execution of an amended agreement, in substantially
the form attached hereto, with Robert D. Cruz for professional planning
services pertaining to the Miami Comprehensive Neighborhood Plan, with funds
from the Special Revenue Fund: "Miami Comprehensive Neighborhood Plan:
FY'87-'88".
MCI, t�7
The Planning Department, through the City Manager, applied to the Florida
Department of Community Affairs (DCA) for $218,427 in Local Government
Comprehensive Planning Assistance Funds to continue updating the Miami
Comprehensive Neighborhood Plan as mandated by Chapter 163.3161 F.S. "Local
Government Comprehensive Planning and Land Development Regulation Act" as
amended through 1986. By Chapter 9J-16 Florida Administrative Code "1987-88
Local Government Comprehensive Planning Assistance Program", the Florida
Department of Community Affairs had allocated the said $218,427 to the City of
Miami.
By Ordinance 10340; November 19, 1987, the City Commission authorized
acceptance of the grant, appropriated the funds for purposes of the grant and
authorized the City Manager to execute the City of Miami/State of Florida
grant agreement. This agreement was signed by the City Manager on November
19, 1987 and was executed by the State.
By Resolution 87-337, March 13, 1987, the City Commission authorized the City
Manager to execute an agreement with Robert D. Cruz for professional planning
services pertaining to the preparation of the Miami Comprehensive Neighborhood
Plan 1989-2000. The City entered into an agreement with Robert 0. Cruz on
April 10, 1987. An amendment to this agreement was made and entered.into on
February 3, 1988.
Page 1 of 2 SS--1095
The Miami Comprehensive Neighborhood Plan, 1989-2000 was submitted for
compliance review on September 1, 1988, per Chapter 9J-12 F.A.C. State
legislation further requires the Planning Department to respond to the DCA
review of the Plan by making all necessary revisions for final plan acceptance
in 1989. The magnitude of the planning task and the severe time constraints
dictate the need for the continued employment of Dr. Cruz, a Hispanic male,
and an Assistant Professor at Florida International University.
As no new jobs are created under this Agreement, the First Source Hiring
Ordinance is not applicable.
Attachments: Proposed Resolution
Agreement
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