HomeMy WebLinkAboutR-87-0490Is I
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S/21/87
RESOLUTION NO. 87--490
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT, IN SUBSTANTIALLY THE
FORM ATTACHED, WITH RICHARD K. WEISBERG. FOR
TECHNICAL ZONING 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
$28,446 BRING 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 appropriate technical zoning
expertise to critically evaluate the updating of Zoning
Ordinance 9500, working under the general supervision of the
Planning Director; and
WHEREAS, even though Section 18-82.2(a)(2)(ii) 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
teohnioal evaluation of the updating of Zoning Ordinanoe 9500;
and
WHEREAS, funding for FY '86-'87 servioes is available from
Special Programs and Accounts, Contingent Fund; and
WHEREAS, funding for FY '87-'88 servioes 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
Ordinanoe is not
applicable;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAXI , FLORIDA: CITY COKKISSM
KEE=Q OF
AUACKNERS
ENCLOSED
MAY 98 no?
0
8eotion 1. The City manager is hereby authorized to
enter into an agreement, in substantially the form attaohed, with
Riohard K. Weisberg for teohnioal zoning servioea over,a one-year
period pertaining to the update of Zoning Ordinanoe 95-), subjeot
to the availability of funds, with funds for PY ' 86-' 87 in the
amount of $26,446 being hereby allooated from the FY '..s-'87
Speoial Programs and A000unts, Contingent Fund, with the
remainder of the monies for said oontraot oost to be appropriated
in the FY '87-'88 Annual Appropriations Ordinanoe.
PASSED AND ADOPTED this 28th day of rky ,l'W87.
BUDGETARY REVIEW AND APPROVAL:
/ / 'CZZ4"'
MANOHAR S. SURANA, DIRECTOR
DEPARTMENT OF MANAGEMENT
AND BUDGET
PREP ZEDANDAPPROVED BY:
0//O�.'�
ROBERT F. tLARK
CHIEF DBPIITY CITY ATTORNEY
Luclx- A.
CITY ATZ
XAVIER L. SU4R)Z, MAYOR
FINANCIAL REVIEW AND APPROVAL:
&Z C1, r n. ..e��1-
CARLOS E. GARCIA, DIRECTOR
DEPARTMENT OF FINANCE
TO FORM AND CORRECTNESS:
RFC:bss:M448
8Mi%' 496
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DATE:
JJJ A A J-�
SIGNED:
LOPS FORM NO. 4150
RE:
ANDUM
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TECHNICAL 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 Richard K. Weisberg, an individual, 777
N. E. 62nd Street, Apt. C4O9, Miami, Florida 33138, hereinafter referred to as
"CONSULTANT."
RECITAL:
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
WHEREAS, it is in the best interest of the City to have well -qualified
technical personnel working on these revisions; and
WHEREAS, funding for this project has been identified and provided in
the 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
Richard K. Weisberg, for technical zoning 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.
SCOPE OF SERVICES:
CONSULTANT shall:
(1) provide technical services to the Planning Department as the
zoning technician for the overall revision of Zoning Ordinance
9500. Such services shall cover all phases of the zoning process,
and shall include but not be limited to participating in meetings
and
workshops,
collecting and analyzing data, conducting
research,
and
assisting
with various administrative needs of the
project;
and
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(2) Provide technical services which shall include but not be limited
to reviewing Zoning Ordinance 9500 and its deficiencies; comparing
various zoning approaches to correcting these deficiencies;
interpreting the zoning ordinance language from the
inspection/enforcement viewpoint; commenting on the practicality,
effectiveness and clarity of draft proposals; and recommending
ordinance language both for clarity and substance;
(3) Assist the lead planner and Project Manager by evaluating the
development permitting process of the CITY with the objective of
simplifying the process, pinpointing responsibility and making the
process more comprehensible to the development community and the
general public.
(4) Report directly to the lead planner and Project Manager appointed
by the Director
of the Planning
Department.
The CONSULTANT
shall
participate as a
team member of
the Planning
Department and
shall
provide professional and technical assistance to other team
members as directed by the Project Manager.
COMPENSATION:
A. CITY shall pay the CONSULTANT, as maximum compensation for the
services required pursuant to Paragraph II hereof, $26,446,
allocated as $ 7,873 for the period June 15, 1987 - September 30,
1987 and $18,573 for the period October 1, 1987 - June 14, 1988.
B. Such compensation shall be paid on the following bases:
A fee of $504.70
per week
equivalent to $14.42 per
hour
for
a 35 hour week, for
the period
of June 15, 1987 through
June
14,
1988. This fee will 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.
The CONSULTANT shall provide part-time services limited to
thirty-five (35) hours per week, solely devoted to the CITY during
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the normal working hours of the CITY including occasional evening
meetings required to carry out the responsibilities set forth
above.
In addition to national holidays as stated in Exhibit "A"
which is attached hereto and made a part of herein, time for other
holidays, sick leave and vacation shall be earned at a rate of one
(1) day vacation and one (1) day sick leave every two hundred
thirty (230) hours of work and this time will be limited to
eighteen (18) working days per year. Days for vacation, holidays
and sick leave shall be with the permission of the Director of the
Planning Department. Any such days of other vacation, sick leave
or other holidays taken off in excess of the eighteen (18) working
days per year will be deducted from the biweekly payment on a
direct proration of the hourly rate, using a 7 hour day. Unused
vacation and sick leave may be accrued and upon termination all
accrued vacation and sick time shall be paid in cash, as salary,
subject to the maximum compensation limit set forth in paragraph
III A above.
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 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 III 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.
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.
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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
City Manager
3500 Pan American Drive
Miami, FL 33133
CONSULTANT
Richard K. Weisberg
777 N. E. 62nd Street
Apt. C409
Miami, FL 33138
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 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.
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87-490
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
C ITY.
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.
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.
VI
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.
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IX.
AWARD OF AGREEMENT:
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, and assigns.
INDEMNIFICATION:
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.
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XIII.
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.
XIV.
INDEPENDENT CONTRACTOR:
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 of 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
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87--4s(�
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:
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.
XVII.
MINORITY PROCUREMENT 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.
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87-490
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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 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.
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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.
ATTEST:
City Clerk
ATTEST:
corporation Secretary
WITNESSES:
t
(NOTE: If CONSULTANT is not
a Corporation, two
witnesses must sign.)
APPROVED AS TO INSURANCE
REQUIREMENTS:
v s on Ot RISKmanagement
WNW
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
By
City Manager
CONSULTANT:
BY
(Sea
APPROVED AS TO FORM AND
CORRECTNESS:
City Attorney
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EXHIBIT "A"
CONSULTANT BENEFITS
1. Eighteen (18) working days Annual Vacation and Sick Leave per 12
months.
2. All National Holidays:
New Year's Day
Washington's Holiday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Day After Thanksgiving
Christmas Day
CITY OP MIAMI. PLORIDA
INT&M-01IrIGE MEMORANDUM
TO: Honorable Mayor and
Members of the City Commission
FROM:
Cesar H. Odio
City Manager
RECOMMENDATION
VATO. MAY 2 to 1987 . :IL[:
SU§JE`*` Resolution Authorizing the
City Manager to Execute an
Agreement for Technical
REFERENCES: Services with
Richard K. Weisberg
ENCLOSURES:
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 Richard K. Weisberg for technical zoning services
pertaining to updating Zoning Ordinance 9500 with funds from the FY 186-187
Special Programs and Accounts - Contingencies and contingent on the FY 187-188
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. This 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 hold up in
day -today 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)(ii) of the City Code, this contract is
exempt from competitive negotiations. However on January 13 and 14, 1987, the
Planning Deparment interviewed three individuals possessing the ability to
perform these services; information was obtained pertaining to experience,
qualifications, availability and fees for such services.
87-490-
Richard K. Weisberg, an Anglo male, has been retired for the past two years
from his former position as Chief Zoning Inspector with the City of Miami
Department of Fire, Rescue and Inspection Services. He was in charge of
training the zoning inspectors in the various aspects of Zoning Ordinance 9500
in 1983.
As no new jobs are created under this Agreement, the First Source Hiring
Ordinance is not applicable.
CHO/SR
Attachments: Proposed Resolution
Agreement
M