HomeMy WebLinkAboutR-87-0237k
J-87-247
3/5/87
RESOLUTION NO. 87--237
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED,
WITH ROBERT D. CRUZ, AS PROJECT MANAGER, FOR
PROFESSIONAL PLANNING SUPERVISION IN CONNECTION WITH
THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, WITH FUNDS
IN THE AMOUNT OF $77,500 FOR THE PERIOD MARCH 13, 1987
TO SEPTEMBER 30, 1988, TO BE EXPENDED FROM THE SPECIAL
REVENUE FUND: "MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN:
FY '86-'87"; AND FY '87-'88 GRANT FUNDS FROM THE STATE
OF FLORIDA, SUBJECT TO THE AVAILABILITY OF GRANT
FUNDS.
WHEREAS, by Ordinance 10222; February 26, 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, the Miami Comprehensive Neighborhood Plan, as updated in
conformity with Chapter 163.3161 F.S., must be submitted for compliance review
by September 1, 1988; and
WHEREAS, the City Manager believes that it is in the best interest of
the City to engage a Project Manager with appropriate professional planning
expertise to supervise the updating of the Miami Comprehensive Neighborhood
Plan working under the direct supervision of the Planning Director; and
WHEREAS, the Planning Department has interviewed four individuals with
the ability to perform these services and obtained information from these
individuals pertaining to experience, qualifications, availability and
proposed fees, per Section 18-52.2 (a)(3) of the City Code; and
WHEREAS, the Consultant is well -qualified to undertake the supervision
of the updating of the Miami Comprehensive Neighborhood Plan; and
WHEREAS, funding for this agreement has been identified for Fiscal Year
'86-'87 from Special Revenue Fund:
FY 186-'87; and
"Miami Comprehensive Neighborhood Plan:
ATTACHMENTS
CONTAINED
'YCOWNISSION
MEETING OF
MAR 13 1987
0 1b. 87-237
f
WHEREAS; funding for this agreement during Fiscal Year '87-'88 is
contingent on 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 enter into an
agreement, substantially in the form attached, with Robert D. Cruz, as Project
Manager, for professional planning supervision in connection with the Miami
Comprehensive Neighborhood Plan, with funds in the amount of $77,500 for the
period March 13, 1987 to September 30, 1988, to be expended from the Special
Revenue Fund: "Miami Comprehensive Neighborhood Plan: FY '86-'87" and
FY '87-'88 Local Government Comprehensive Planning Assistance Funds from the
State of Florida, subject to the availability of grant funds.
PASSED AND ADOPTED this 13th day of March , 1987.
ATTEST:
Z,
MA-M HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
v/•
l�'GILtizlmv i/r
CHIEF DEPUTY ITY ATTORNEY
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APPROVED AS TO FORM AND
CORRECTNESS:
C'4�
1141aIiC.-
CITY ATTORNEY
PROFESSIONAL SERVICES AGREEMENT
This Agreement entered into
this
day of
, 1987,
by
and between the City of Miami,
a municipal
corporation of
the State
of
Florida, hereinafter referred to as "CITY", and Robert D. Cruz, an +ndividual,
15231 S. W. 155th Avenue, Miami, FL 33187, hereinafter referred to as
"CONSULTANT."
RECITAL:
WHEREAS, the State of Florida has enacted Chapter 163.3161 F.S. (1986)
"Local Government Comprehensive Planning and Land Development Regulation Act"
which mandates that all local governments throughout the State of Florida must
update or otherwise conform their local comprehensive plans to the
strengthened pravlsi�onVof this legislation by a date certain; and
WHEREAS, by Chapter 9J-16 F.A.C. "1986-87 Local Government Comprehensive
Planning Assistance Program," planning assistance funds are being made
available to local government by the State of Florida; and
WHEREAS, by Chapter 9J-12 F.A.C. "Schedule for Submission by Local
Government Comprehensive Plans and Procedures for Early Submissions," the City
of Miami must submit its plan to the Department of Community Affairs for a
compliance review by September 1, 1988; and
WHEREAS, the City Manager believes that it is in the best interest of
the City to meet this deadline by employing a project manager solely for this
purpose to work under the direct supervision of the Planning Director; and
WHEREAS, funding for this project has been identified for Fiscal Year
'86-'87 from the Special Revenue Fund "Miami Comprehensive Neighborhood Plan:
FY '86-'87" representing Local Government Comprehensive Planning Assistance
funds from the Florida Department of Community Affairs; and
WHEREAS, the Planning Department anticipates that follow-on funding will
be authorized by the 1987 Legislative session in a similar amount for Fiscal
Year 1987-'88; and
WHEREAS, the City Commission passed and adopted Resolution ,
on authorizing the City Manager to execute this
agreement with Robert D. Cruz, as Project Manager for professional planning
services pertaining to the supervision of updating of the Miami Comprehensive
Neighborhood Plan to conform with Chapter 163.3161 F.S.;
87r2340
NOW, THEREFORE in consideration of 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 March 13, 1987 through
September 30, 1988.
II.
SCOPE OF SERVICES
CONSULTANT shall:
(1) Be the Project Manager, responsible to the Planning* Director, for
the supervision of the updating of a Miami Comprehensive
Neighborhood Plan that conforms with the requirements of Chapter
163.3161 F.S. "Local Government Comprehensive Planning and Land
Development Regulation Act" and Rule 9J-5 F.A.C., "Minimum Criteria
for Review of Local Government Comprehensive Plans and
Determination of Compliance" and is to be submitted to the Florida
Department of Community Affairs by August 1, 1988, or at any
revised time as determined in Rule 9J-12 F.A.C.
(2) Report directly to the Planning Director, or his designee for the
purpose of assuring quality control and personnel availability; a
senior staff committee will convene weekly to review progress,
personnel assignments and work products.
(3) Be responsible for internal project programming, schedules and
procedures. Subject to staff availability, the CONSULTANT shall
direct, control and review draft products of the Planning
Department staff assigned. The CONSULTANT will also provide
direction to graphics personnel assigned to the project. The
final form and content of all maps, graphics and editorial
materials are subject to the review of the CONSULTANT; however,
all work products must be approved by the Planning Director for
substance.
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(4) Su erv''��e the preparation of, and mak�resentations to the City
p p p N
Commission and Planning Advisory Board and other committees. The
CONSULTANT will recommend on the extent of citizen participation
and will thereafter participate in presentations, as necessary,
before citizen committees and technical committees.
(5) Be receptive and responsive to changes in work products that may
be suggested, recommended or adopted by the City Commission or
Planning Advisory Board.
(6) Be available to offer professional advice on aspects of the
various planning elements, to Planning Department and other City
staff.
COMPENSATION
A. CITY shall pay CONSULTANT, as maximum compensation for the
services required pursuant to Paragraph II hereof, $77,500,
allocated as $27,500 for the period to March 13-September 30, 1987
and $50,000 for the period October 1, 1987-September 30, 1988.
B. Such compensation shall be paid on the following basis:
A fee of $961.54 per week ($24.03/hour) for the period of
March 13, 1987 through September 30, 1988. This fee will be paid
on a bi-weekly 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 full-time services solely devoted to
the CITY during the normal working hours of the CITY plus
attending occasional evening meetings required to carry out the
responsibilities set forth above. If full time services are not
required or if the CONSULTANT works less than forty (40) hours
during a regular working week, the fee shall be paid at the
equivalent hourly rate multiplied by the number of hours actually
worked.
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The CIreco ni that durin g zes g the mon!'., of March and April 1987
(or to the end of the current academic year at Florida
International University) the CONSULTANT will only be able to work
part-time (2 days per week) in which case the fee will be paid at
the hourly rate multiplied by the number of hours actualt.v
worked.
The CITY recognizes that the CONSULTANT has made a prior
commitment to attend a conference in Brazil in June 1987, for one
week in which case the CONSULTANT will either use vacation time or
take a leave of absence without pay for one week.
In addi'lon 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 five (5) weeks
at this time will be limited to twenty (20) 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 twenty (20) working days per year will be deducted
from the bi-weekly payment on a direct proration of the weekly
rate. 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.
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87-23
C. CITY A,! have the right to review and�`;,'dit the time records and
related records of CONSULTANT pertaining to any payments by the
C ITY.
IV.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Ooth 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 whi;:h 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
Cesar H. Odio Robert D. Cruz
City Manager 15231 S. W. 155th Avenue
3500 Pan American Drive Miami, FL 33187
Miami, FL 33133
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.
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87--23'd
E. Should* doY provisions, paragraphs, s .-Inces, 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.
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
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1
shall first consA in writing to the performa�;: 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.
XII.
INDEMNIFICATION
CONSULTANT agrees to be bound by the terms and conditions of the City of
Miami/State of Florida Department of Community Affairs Local Government
Comprehensive Planning Assistance Program Contract for FY '86-187.
CONSULTANT shall indemnify and save CITY and the Florida Department of
Community Affairs harmless from and against any and all claims, liabilities,
losses, and causes of action which may arise out of CONSULTANT's activities
i
under this Agreement, and/or the aforementioned City of Miami/Florida
Department of Community Affairs contract, including all other. acts or
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87-23'7 11-11 �,
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.
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
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8"7-23 s'
Itwithout penalty CITY. In that event, notic,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 I . v
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 State of
Florida Local Government Comprehensive Planning Assistance funds and continued
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87-237 It - 73
authorization for* program activities and is _.eject to amendment or
termination due to lack of funds, or authorization, reduction of funds; and/or
change in regulations.
The contract is also contingent on tho, continued permission for a leave
of absence tor the CONSULTANT from Florida International University.
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 opts^n, 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.
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.
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87--23
CITY OF a municipal
Corporation of the State of
ATTEST: Florida
City Clerk
ATTEST:
corporation Secretary
WITNESSES:
(NOTE: If CONSULTANT is not
a Corporation, two
witnesses must sign.)
APPROVED AS TO INSURANCE
REQUIREMENTS:
Tvis on of RiskManagement
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By
—TESAR H . 0010
City Manager
CONSULTANT:
By
Seal))4?1
Soc; al Security # 266-ZS-
APPROVED AS TO FORM AND
CORRECTNESS:
City Attorney
EXHIBIT "A"
CONSULTANT BENEFITS
1. Twenty (20) working days Annual Vacation and Sick Leave per 12 month
peri od.
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 Uay, ,
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0
11
CITY OF MIAM1, FLORIDA
INTER -OFFICE MEMORANDUM
TO. Honorable Mayor and
Members of the City Commission
FROM: �)
DATE: : v !�FILE:
SUBJECT: Resolution Authorizing the
City Manager to Execute an
Agreement for Profess ; aal
Services with Robert D. Cruz
REFERENCES:
Cesar H. Odio
City Manager ENCLOSURES:
E
RECOMMENDATION
It is respectfully recommended that the City Commis5ic^ adopt the attached
resolutiLn authorizing the execution of an agreement,- in substantially the form
attached hereto, with Robert D. C:'uL as Project Manager for professional planning
services pLrtaining to :;le Miami Comprehensive Neighborhood Plan, with funds
from the Spec -gal Revenue Fund: "Miami Comprehensive Neighborhood Plan: FY '86-
'87" with further funding subject to the availability of grant funds.
BACKGROUND
The Planning Department, through the City Manager, applied to the Florida
Department of Community Affairs for $203,716 in Local Government Comprehensive
Planning Assistance Funds to commence 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 "1986-87 Local Government
Comprehensive Planning Assistance Program", the Florida Department of Community
Affairs had allocated the said $203,716 to the City of Miami for the program
period to September 30, 1987.
By Ordinance 10222; February 26, 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 February 26, 1987 and was returned to
Tallahassee for State execution, which is expected momentarily.
The City of Miami/State of Florida agreement commits the Planning Department to
prepare inventories and analyses of existing data of 11 planning elements by
September 30, 1987, per Chapter 9J-5 F.A.C. "Minimum Criteria for Review of Local
Government Comprehensive Plans and Determination of Compliance." The Miami
Comprehensive Neighborhood Plan, as updated, must be submitted for compliance
review by September 1, 1988, per Chapter 9J-12 F.A.C.
The magnitude of the planning task and the severe time constraints dictate the
need for the employment of a Project Manager with recognized credentials in
program coordination and grant compliance.
Page 1 of 2
87-237
Pursuant to Section 18.52.1. (a)(3) Competitive Negotiations, on January 13
and 14, 1987, the Planning Department interviewed four individuals possessing the
-1 ability to perform these services; information was obtained pertaining to
experience, qualifications, availability and fees for such services.
Robert D. Cruz, a Hispanic male, is an Assistant Professor at Florida
International University, who will be on leave of absence from FIU while on this
contract.
As no new jobs are ;treated under this Agreement, the First Source Hiring Ordinance
is not applicable.
CHO/SR
e
Attachments: Proposed Resolution
Agreement
Page 2 of 2
137-23'i