HomeMy WebLinkAboutR-87-0504J-87-457
5-28-87
RESOLUTION NO. 87-504
A RESOLUTION WAIVING BY A 4/5THS 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'S
APPROVAL AS TO FORM AND CORRECTNESS, FOR PROFESSIONAL
PLANNING SERVICES WITH JOYCE A. MEYERS, PRIMARILY IN
CONNECTION WITH FINALIZATION AND IMPLEMENTATION OF THE
DOWNTOWN MASTER PLAN/DEVELOPMENT OF REGIONAL IMPACT
PROJECT, FOR A SIXTEEN -MONTH PERIOD FROM JUNE 1, 1987,
THROUGH SEPTEMBER 30, 1988, FOR A TOTAL FEE OF $48,831
WITH FUNDS IN THAT AMOUNT BEING REIMBURSED TO THE
PLANNING DEPARTMENT OPERATING BUDGET FROM THE DOWNTOWN
DEVELOPMENT AUTHORITY, ,SUBJECT TO THE APPROVAL OF THE
DOWNTOWN DEVELOPMENT AUTHORITY.
WHEREAS, Joyce A. Meyers, Planner III in the Planning Department, will
resign from the City of Miami on May 29, 1987, after 11 years of faithful and
effective service, to spend more time with her family; and
WHEREAS, the City of Miami has a vital interest in the completion of the
Downtown Master Plan/Development of Regional Impact Project and implementation
of said plan; and
WHEREAS, Ms. Meyers has been involved with the project serving as the
Project Manager and is well -qualified to undertake the finalization and
implementation of the Downtown Master Plan/Development of Regional Impact
Project; 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 finalization and implementation of the Downtown Master Plan/Development of
Regional Impact Project, working under the general supervision of the Planning
Director; and
WHEREAS, Section 18-52.2(a)(2)(ii) of the City Code exempts this contract
from competitive negotiations; 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 NIAMI,
FLORIDA:
AT'PAC,% N Mg. E 11 T 3
CONTAINE"000
CITY COMMSIOIY
)CETING OF
MAY 28 1987,
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Section 1. The authorization set forth in Section 3 hereof is based upon
the following findings:
(a) The services of Joyce A. Meyers are unique in character as
they relate to the Downtown Master Plan/Development of
Regional Impact, which project will be the primary object
of her services under the herein agreement.
(b) The City of Miami cannot avail itself of such services
without entering into the herein proposed agreement, the
execution of which would be in violation of City Code
Section 2-302 were there not a waiver of the requirements
and the prohibition contained in said Section 2-302.
(c) The herein proposed agreement will be to the best interest
of the City of Miami.
Section 2. Based upon the findings set forth in Section 1 hereof, the
requirements and prohibition contained in Section 2-302 of the C i ty Code are
hereby waived by a 4/5ths affirmative vote of the C i ty 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
Joyce A. Meyers, primarily in connection with finalization and implementation
of the Downtown Master Plan/Development of Regional Impact Project, for a
sixteen -month period commencing June 1, 1987, through September 30, 1988, for
a total fee of $48,831 with funds in that amount to be reimbursed to the
FY '86-'87 Planning Department operating Budget and the FY '87-'88 Planning
Department operating Budget, by the Downtown Development Authority subject to
the approval of the Downtown Development Authority.
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PASSED AND ADOPTED this 28th day of May ,
1987. ,
ATTEST:
PREPARED AND APPROVED BY:
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4�4I DEPUTY CITY ATTORNEY
REVIEWED BY:
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MANAGEMENT
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APPROVED AS TO FORM AND
CORRECTNESS:
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CITY ATTORNEY
REVIEWED BY:
CARLOS s
UIRECTUR
FINANCE DEPARTMENT
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 Joyce A. Meyers, an individual, 816
Castile Avenue, Coral Gables, FL 33134, hereinafter referred to as
"CONSULTANT."
RECITAL:
WHEREAS, finalization of the Downtown Master Plan/Development of
Regional Impact and subsequent public hearings are anticipated in the fall of
1987, with implementation of the Downtown Master Plan/Development of Regional
Impact to follow (the "Project"); and
WHEREAS, it is in the best interest of the City to engage a well -
qualified professional planner to work on the Project under the supervision of
the Planning Director; and
WHEREAS, funding for the Project has been identified and provided in the
Planning Department General Fund account; and
WHEREAS, the City Commission passed and adopted Resolution No. , on
, authorizing the City Manager to execute this agreement with
Joyce A. Meyers 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 Jude 15, 1987, through
September 30, 1988.
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SCOPE OF SERVICES:
CONSULTANT shall:
(1) Function as the Project Manager reporting to the Planning
Director. The CONSULTANT will serve as key staff for the
finalization and implementation of the Downtown Master
Plan/Development of Regional Impact.
(2) Provide professional planning services that shall include but not
be limited to:
a) coordinating the work products/public presentations of up to
four consulting firms which have continuing obligations per
(3)
separate City contract
b) continuing to research appropriate implementation measurements
and actions that will have the effect of carrying out the plan
and recovering the cost of the study
c) facilitating agreement on the salient features and
implementation measures of the Downtown Master
Plan/Development of Regional Impact through continued
discussions with key representatives of both the public and
private sectors, e.g. the Greater Miami Chamber of Commerce
and its committees
d)
responsibility for supervising the editorial consultants and
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completing the document: Downtown Master Plan
e)
supervising the preparation of oral and media presentations
for public hearings
f)
representing the Planning Department in public presentations
of the Downtown Master Plan/Development of Regional Impact to
private groups, City boards, City Commission and the South
Florida Regional Planning Council
g)
supervising the initial implementation measures, following
adoption of the proposed plan, and providing critical feed-
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back to correct any administrative deficiencies.
Provide professional assistance to the Planning Director on other
assignments as time is available from the Project.
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COMPENSATION:
A. CITY shall
pay the CONSULTANT, as maximum
compensation for
services
required pursuant to Paragraph II
hereof, $48,831,
FIE
allocated
as $12,277 for the period of
June 15, 1987 -
September
30, 1987 and =36,554 for the period
October 1, 1987 -
September 30, 1988.
B. Such compensation shall be paid on the following bases:
A fee of $35.62 per hour for the period of June 15, 1987
through September 30, 1988, based on an average work week of 17
hours per week. This fee will be paid on a biweekly basis. In
addition, quarterly payments shall be made in lieu of certain
fringe benefits, specifically, Social Security, group insurance,
workmen's compensation, and retirement. Such quarterly payments
shall be at a rate equal to of 15% of 221 hours of work
(approximately 13 weeks) and shall be paid upon the completion of
each 221 hours of work. 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 during the
normal working hours of the CITY plus attending occasional evening
meetings required to carry out the responsibilities set forth
above. The fee shall be paid at the equivalent hourly rate
multiplied by the number of hours actually worked.
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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.
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 Joyce A. Meyers
3500 Pan American Drive 816 Castile Avenue
Miami, FL 33133 Coral Gables, FL 33134
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 rolp
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0. 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.
' 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. a
The CONSULTANT shall not discuss assignments or reports, or release
documents to the news media, without the oral or written consent, respectively
VII.
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.
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 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.
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X11.
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.
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.
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XIV.
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
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.
XV.
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.
XVI.
MINORITY PROCUREMENT COMPLIANCE:
CONSULTANT acknowledges that it has been furnished a copy of Ordinance
No. 100620 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.
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XYII.
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.
XVIII.
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.
XIX.
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.
XX.
AMENDMENTS:
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.
ATTEST:
FUMY HIRAI
City Clerk
WITNESSES:
IASGto CUMULTANT)
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
BY
CUM H. OULU
City Manager
CONSULTANT:
By � 6--. j-Z /' C?
S&# ME y lei
81-38-7578
_� JPYGE A.
(NOTE: If CONSULTANT is not
a Corporation, two
witnesses must sign.)
APPROVED AST INSURANCE APPROVEVAS"TO FORM AND
REQUIRESENTS CORRE�Nq:
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City Attorney
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C133
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INTS"FFICS MEMORANDUM
: Honorable Mayor and dAM MAY 2 11987
Members of the City Commi ssi on-
suutct: - Resolution Authorizing the
City Manager to Execute an
Agreement for Professional
Services with Joyce A. Meyers
�RONt Cesar H. Odio nt"ItaNc[s:
City Manager
ENcLosuncs:
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the attached
resolution waiving the requirements and prohibition in City Code Section 2-302
and authorizing the execution of an agreement, in substantially the formed
attached hereto and subject to the City Attorney's approval as to form and
correctness, with Joyce A. Meyers, for professional planning services
primarily in connection with finalization and implementation of the Downtown
Master Plan/Development of Regional Impact Project.
BACKGROUND:
Joyce A. Meyers, Planner III in the Planning Department, intends to resign her
position effective June 1, 1987, after 11 years of faithful and effective
service,, to spend more time with her family. For the past 2 years, Ms. Meyers
has served as Project Manager on the Downtown Master Plan/Development of
Regional Impact and the City has a sizeable investment in her expertise on
this and other projects. Likewise, finalization of the Downtown Master
Plan/Development of Regional Impact and subsequent public hearings- are
anticipated in the fall of 1987, with implementation to follow. Ms. Meyers is
willing to continue offering her professional services on a part-time basis;
therefore it is in the best interest of the City to engage a well -qualified
professional planner with sufficient expertise to coordinate the finalization
and implementation of the Project, via this agreement.
Funding for this agreement will be made available by leaving the vacant
Planner III position unfilled for the remainder of FY '87.
The Indemnification clause customarily a part of professional services
agreements has been deleted solely while Ms. Meyers is working on the Downtown
Master Plan/DRI Project.
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