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HomeMy WebLinkAboutR-87-05423-87-310 5/28/87 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT; IN SUBSTANTIALLY THE FORM ATTACHED, WITH JANIS JOHNSON, FOR PROFESSIONAL PLANNING SERVICES OVER A ONE-YEAR PERIOD PERTAINING TO THE UPDATE OF ZONING ORDINANCE 9500, SUBJECT TO THE AVAILABILITY OF FUNDS, WITH FUNDS FOR THE COST OF SAID SERVICES DURING FY '86-'87 IN THE AMOUNT OF $38,270 BEING ALLOCATED FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND. WHEREAS, Ordinance 9500, the Zoning Ordinance of the City of Miami has been in effect for almost four years and is in need of major revision and updating; and WHEREAS, the City Manager believes that it is in the best. interest of the City to engage a professional planner with sufficient expertise to coordinate the updating of Zoning Ordinance 9500, working under the general supervision of the Planning Director; and WHEREAS, even though Section 18-52.2 (a) (2) (i i ) of the City Code exempts this contract from competitive negotiations, the Planning Department has interviewed three individuals with the ability to perform these services and obtained information from these individuals pertaining to experience, qualifications, availability and proposed fees; and WHEREAS, the Consultant is well -qualified to undertake the updating of Zoning Ordinance 9500; and WHEREAS, funding for FY '86-'87 services is available from Special Programs and Accounts, Contingent Fund; and WHEREAS, funding for FY '87-'88 services is to be included in the FY '87 '88 Annual Appropriation Ordinance; and WHEREAS, since there are no new jobs being 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: CITY COMmissIpN - MEETING OF JUN 11 1987 �auraN ao Section 1. The City Manager is hereby authorized to enter into an agreement, in substantially the form attached, with Janis Johnson for professional planning services over a one-year period pertaining to the update of Zoning Ordinance 9500, subject to the availability of funds, with funds for FY '86-'87 in the amount of $38,270 being hereby allocated from the FY '86-'87 Special Programs and Accounts, Contingent Fund, with the remainder of the monies for said contract cost to be appropriated in the FY '87-'88 Annual Appropriations Ordinance. PASSED AND ADOPTED this 11th day of June , 1987. REVIEWED BY: MANAGEMENTrET DEPARTMENT PREPARED AND APPROVED BY: CHIEF DEPUTY CITY ATTORNEY REVIEWED BY: 4'VA CRRLUS , DIRECTOR FINANCE DEPARTMENT APPROVED AS TO FORM AND 87- 4 o t PROFESSIONAL SERVICES AGREEMENT This Agreement entered into this ,�day of 1987, by and between the City of Miami, a municipal corporation of Dade County, Florida, hereinafter referred to as "CITY", and Janis D. Johnson, a single woman, 2900 Florida boulevard, Apartment #219, Delray Beach; Florida 33444, hereinafter referred to as "CONSULTANT." REC� ITALs WHEREAS, Ordinance 95000 the Zoning Ordinance of the City of Miami has been in effect for almost four yeazi and is in need of major revision (the "Project"); and WHEREAS, it is in the best interest of the City to have well -qualified professional planners working on the Project under the supervision of the Planning Director; and WHEREAS, funding for the Project has been identified and provided in FY'86-87 Special Programs and Accounts - Contingencies; and WHEREAS, the City Commission passed and adopted Resolution No. on authorizing the City Manager to execute this agreement with Janis Johnson 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: TERM: The term of this Agreement shall be from June 15, 1987, through June 14, 1988. . II. SCOPE OF SERVICESS CONSULTANT shall: (1) Function as the lead planner on the Project reporting to a Project Manager appointed by the Planning Director. The CONSULTANT will serve as key staff for the Zoning Ordinance 9500 Technical Review Committee with representation from those departments concerned with development and chaired by an Assistant City Manager. The CONSULTANT will also serve as the key staff person for a Zoning Ordinance 9500 Committee, to be appointed, which will be composed of public agencies and private companies and individuals representative of the various facets of development; and (2) Provide professional planning services that shall include but not be limited to reviewing Zoning Ordinance 9500 and its deficiencies; collecting and analyzing zoning data; conducting zoning research; examining and discussing alternatives; preparing, writing and editing drafts, reports and ordinance sections; preparing rough graphics and supervising final graphics, and recommending ordinance language to the Project Manager; and (3) Prepare oral and media presentations for committees which may include overhead transparencies, slides, handouts and graphics; summarize minutes, tape sessions and secure follow-up and feed back through telephone calls and letters; with the objectives of a) simplifying and clarifying the language and b) simplifying and clarifying the procedures and c) reducing the excessive bulk of the ordinance; and (4) Provide professional assistance to the Project Manager on other assignments as time is available from the Project. -2- COMPENSATIONs A. CITY shall pay the CONSULTANT, as maximum compensation for services hereunder exclusive of expense reimbursement provided for in subparagraph Be below, for the services required pursuant to Paragraph II hereof, $38,270, allocated as $11*407 for the period of June 15, 1987 - September 30, 1987 and $26,863 for the period October 1, 1987 - June 14, 1988. B. Such compensation shall be paid on the following basess A fee of $20.80 per hour an average of 35.38 hours per week for the period of June 15, 1987 through June 14, 1988. Thin fee will be paid on a biweekly basis . ` Payment of all taxes and expenses such as income tax, t social security, health and major medical insurance, personal insurances and general expenses of any kind i not provided for in this Agreement will be the j responsibility of the CONSULTANT. S The CONSULTANT shall provide full-time services i solely devoted to the CITY during the normal working I hours of the CITY plus attending occasional evening f meetings required to carry out the responsibilities set jforth above. The fee shall be paid at the equivalent ' l s i hourly rate multiplied by the number of hours actually i worked. - 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 expenses authorized t by the City Manager. Such supplies, equipment, parking, mileage and travel expenses shall not be t considered as compensation for the purposes of the f maximum compensation limit set forth in paragraph III A. above* w�w f i 3 tF y (A� V Yv . _ _ — ___ ___ _ _— a. !: •' .. ,.Tiffs t Co CITY shall have the right to review and audit the time records and related records of CONSULTANT pertaining to any payments by the CITY. 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 CONDITIONS: A. All notices or 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 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. CITY OF MIAMI CONSULTANT City Manager Janis Johnson 3500 Pan American Drive 2900 Florida Boulevard Miami, FL 33133 Apartment #219 Delray Beach, FL 33444 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. -4- y: • .f1 S ---.T. -- -- . 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 State 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 Statutes. 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 purposes whatsoever without the written consent of CITY. The CONSULTANT shall not discuss assignments or reports, or release documents to the news media, without the oral or written consent, respectively as the case may be, of the CITY. -5- 42 VII. NONDELEGABILITYt 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. VIII. AUDIT RIGHTS: 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 AGREEMENTS 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, 4=d assigns. r, T XII. INDNMNIFICATIONs 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 CONSULTANT's activities under this Agreement, including all other acts or omissions to act on the part of CONSULTANT, including any person acting for or on its behalf, and, from and against any orders, judgments, or decrees which may be entered and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. CONFLICT OF INTEREST: A. CONSULTANT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, With CITY. 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 CONSULTANT or its employees, must be disclosed in writing to CITY. B. 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 Code Section 2-11.1) and the State of Florida, and agrees that it shall fully comply in all respects with the terms of said laws. IND2P9ND0`T_ CONTRACTORt 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: CITY retains the right to terminate this Agreement at any time prior to the completion .;f the services required pursuant to paragraph II hereof without penalty to the 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 underatood 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: 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 denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. r e�.k XVII. MINORIT`Y�PItOCUREMENT COMPLIANCE: 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 grant and correctly sets forth the rights, duties, and obligations of each to the other as of i£s date. Any prior agreements; promises, "9- negotiationss. or representations not expressly set forth in this Agreement are of no force or effect. AMENDMENTSs 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. ATTESTS MATTY HIRAI City Clerk ATTESTS Corporation Secretary WITNESSES: toCONSULTANT) (NOTE: If CONSULTANT is not a Corporation, two witnesses must sign.) . APPROVED AS TO INSURANCE REQUIREMENTS: Division of Bak Management CITY OF MIAMI, a municipal Corporation of the State of Florida BY CESAR H. ODIO City Manager CONSULTANT: By (Title) (Seal) APPROVED AS TO FORM AND CORRECTNESS: LUCIA A. DOUGHERTY City Attorney . wr te. Hon-orable Mayor and McMbers of the City C oli li s s i on Cr" 00 MIAMI, 0%00110A DAM MAY 2 a 1987 vmm sUucei: Resolution Authorizing the City Manager to Execute an Agreement for Professional FROM 6p Ra"11114cut Services with Janis Johnson Cesar H. Odio City Manager MCLOSURts, RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached resolution authorizing the execution of an agreement, in substantially the form attached hereto, with Janis Johnson for professional planning services pertaining to updating of Zoning Ordinance 9500 with funds from the FY '86-87 Special Programs and Accounts Contingencies and contingent on the FY '87-'88 budget process. BACKGROUND The Planning Department proposes that a professional and technical team undertake a 12 month effort to comprehensively revise and update Zoning Ordinance 9500. Zoning Ordinance 9500 took effect in June 1983. The Ordinance at that time was a completely new approach to zoning in content, format and procedures. Some of these approaches have proven to be sound; others have not held up in day-to-day administration. Since 1983 there have been 19 comprehensive text revisions and other single -subject text revisions. Yet, the general public still has difficulty in using the ordinance to their satisfaction. This 12-month effort and the professionally and technically demanding tasks involved dictate the need to use a two -person team approach. This team, in turn, would work closely with the Building and Zoning Department, under the general supervision of the Planning Director. Pursuant to Section 18- 52.2. (a) (2) (i i) of the City Code, this contract is exempt from competitive negotiations. However, on January 13 and 14, 1987, the Planning Department interviewed three individuals possessing the ability to perform these services; information was obtained pertaining to experience, qualifications, availability and fees for such services. Janis Johnson, an Angio female, has extensive professional experience in planning and zoning, in several jurisdictions. As no new jobs are created under this Ordinance is not applicable. CHO/SR Attachments: Proposed Resolution Agreement Agreement, the First Source Hiring y.2 -1 137~F4 2, �t Y --_ — .. •��4b�WR"v . .,t:-. ' -.. tc#3,a Xa•1�-.7�73.1t"+a �r...