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Home My WebLink AboutR-87-0077J-87-76 1/22/87 RESOUTION NO. 8 7 - 7 7 .. -.# 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, SUBJECT TO THE CITY ATTORNEY'S APPROVAL AS TO FORM AND CORRECTNESS; FOR PROFESSIONAL CONSULTANT SERVICES WITH LUTHER E. LONG, PRIMARILY IN CONNECTION WITH THE BAYFRONT PARK REDEVELOPMENT AND ADJACENT PROJECTS, FOR A PERIOD OF ONE YEAR COMMENCING FEBRUARY 1, 1987 THROUGH JANUARY 31, 1988, SAID AGREEMENT ESTABLISHING A FIXED MONTHLY PAYMENT FOR SAID SERVICES TO BE PAID FROM PROJECT EXPENSE FUNDS ALREADY ALLOCATED FOR BAYFRONT PARK REDEVELOPMENT PROJECTS PHASES I AND II AND BY FUTURE PROJECT EXPENSE ALLOCATIONS FOR BAYFRONT PARK REDEVELOPMENT PROJECTS PHASES III, IV AND V. WHEREAS, Assistant Director of Public Works Luther E. Long will retire from the City of Miami on January 23, 1987 after many years of faithful and effective service; and WHEREAS, the City of Miami, as well as the Rouse Company and the United States Corps of Engineers, have a vital interest in the completion of the Bayfront Park Redevelopment Project and the adjacent projects; and WHEREAS, Mr. Long has been involved with the projects now under construction and the coordination of future projects; and WHEREAS, it is to the best interest of the City that this redevelopment involvement by Mr. Long be preserved, continued and maintained; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The authorization set forth in Section 3 hereof is based upon the following findings: (a) The services of Luther E. Long are unique in character as they relate to certain pending Capital Improvement Projects of the City of Miami which projects will be the primary object of his 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 CITY COMMISSION Code Section 2-302 were there not a MEETING OF waiver of the requirements and the prohibition contained in said Section 2- JAN 22 1987 302. IRESOLMON No. 8 7 • i (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 City Code are hereby waived by a 4/5ths affirmative vote of the City Commission. Section 3. The City Manager is hereby authorized to enter into an agreement, subject to the City Attorney's approval as to form and correctness, for professional consultant services with Luther E. Long, primarily in connection with the Bayfront Park Redevelopment Project and adjacent projects for a period of one year commencing February 1, 1987 through January 31, 1988, said one-year agreement establishing a fixed monthly payment of $5,500 for said services which will result in a total cost of $66,000 if the agreement remains in effect for the full term thereof. Section 4. The City Manager is hereby authorized to utilize monies for the herein agreement from Project Expense allocations for Bayfront Park Redevelopment Projects Phases I and II and future Project Expense allocations for Bayfront Park Redevelopment Projects Phases III, IV and V. PASSED AND ADOPTED this 22nd day of January , 1987. SUAREL A A"I,CITrIGLERK PREPARED AND APPROVED BY: G CHIEF DEPUTY CITY ATTORNEY APPROVW AS TO FORM AND CORRECTNESS: pf V%,p Il /l• V V - CITY CITY ATTORNEY 87=77 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO. Honorable Mayor and Members of the City Commission FROM. Cesar Odlo 1.�) City Manager' RECOMMENDATION: DATE: J A N 14 1987 PILL: SUBJECT: REFERENCES: ENCLOSURES: Resolution for Contractual Employment - Luther E. Long It is respectfully recommended that the City Commission adopt the attached Resolution waiving the requirements and prohibition contained in City Code Section 2-312; authorizing the City Manager to enter into an Agreement, subject to the City Attorney's approval, as to form and correctness; for professional consultant services with Luther E. Long, primarily in connection with the Bayfront Park Redevelopment and adjacent projects, for a period of two years commencing February 1, 1987 through January 31, 1989, with a provision therein for extension through July 31, 1989, said Agreement establishing a fixed monthly payment for said services; allocating monies therefor from previously appropriated funds. BACKGROUND: The Departments of Public Works and Development recommend the contractual employment of Luther E. Long for the inspection and coordination of projects related to the development of Bayfront Park. Mr. Long is currently involved in coordination and inspection of the two Bayfront Park Redevelopment projects now under construction by the City of Miami, (Phase I and Phase II). He is also extensively involved in assisting the consultants for the Bayfront Park Redevelopment in the design and coordination of future phases of the development. At the present time, it is anticipated that there will be three additional phases for completion of the park development. 87-7 7 •_ r I& Honorable Mayor and Members of the City Commission Mr. Long has also unavoidably become involved in coordination of the City's work with adjacent work along the shoreline being constructed by the U. S. Army Corps of Engineers and in the construction of Bayside at the north end of the park. Mr. Long has also just begun the coordination and inspection of the Bayside Specialty Center - Miamarina Renovation Project. Mr. Long intends to retire on January 23, 1987 after 31 years of service, and it is in the best interests of the City that his services be retained until the development of Bayfront Park, including Bayside and adjacent projects, is completed. He has agreed to continue his services under a two-year Professional Services Agreement that could be extended by the City Manager for an additional six months. A copy of the proposed Agreement is attached. Attachments: Proposed Proposed Resolution Agreement 87-77 PROFESSIONAL SERVICES AGREEMENT This Agreement entered into as of the day of 19870 by and between the City of Miami, a municipal corporation of Dade County, Florida, hereinafter referred to as "CITY" and LUTHER E. LONG, hereinafter referred to as "CONSULTANT". W I T N E S S E T H: 1. This Agreement. shall commence January 26, 1987 and shall terminate January 25, 1989. This Agreement may be extended to July 31, 1989, if determined necessary by the CITY. 2. This Agreement is for the purpose of providing professional consulting services to the CITY through the City Manager for special projects, specifically for the Bayfront Park Redevelopment including coordination required with the adjacent projects being constructed by others. 3. In the event that secretarial services are necessary for the preparation of any memorandum or reports, said services shall be provided at the discretion of the City Manager, at city offices. 4. The CONSULTANT shall be available on call at the discretion of the City Manager on any and all matters related to Bayfront Park but it shall be the intent of this Agreement that the Consultant shall work a 40 hour week, 49 weeks of each year the Agreement is in effect. S. The CITY shall pay the CONSULTANT, as compensation Five Thousand Five Hundred Dollars ($5,500) per month to be paid on the first business day of each month, for the previous month. 6. There will be no expenses paid to the CONSULTANT in addition to the monthly emolument, unless they are incurred in direct relationship to this Agreement for travel outside of Dade County. In such case, the CONSULTANT will be reimburse for reasonable expenses. 7. It is agreed that CONSULTANT will be able to • participate in other personal services agreement with any individual who does not create any conflict of interest with the CITY. 87-77 8. It is further agreed that this Agreement may be altered, extended and amended only upon the written consent of both parties hereto. 9. Because of the complexity of this project, it is agreed that in the event of any legal action in relation to this Agreement against the CITY or the CONSULTANT, by third parties, the CITY will provide the CONSULTANT with legal representation of the CITY's choice. 10. This Agreement may be terminated by either party with 30 days written notice, without penalty to the CITY. Upon termination, the CONSULTANT will be paid for his last month performed. It is hereby understood by and between the CITY and the CONSULTANT that any payment made in accordance with this Section to the CONSULTANT shall be made only if said CONSULTANT is not in default under the terms of this Agreement. If the CONSULTANT is in default under the terms of this Agreement, then the CITY shall in no way be obligated and shall not pay to the CONSULTANT any sum whatsoever. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by the respective official thereunto duly authorized, this the day and year first above written. WITNESSES: ATTEST: y er CONSULTANT LUTHER E. LONG By LUTHER E. LONG CITY OF MIAMI, a municipal corporation of the State of Florida CESAR By • OU10, My— Manager APPROVED AS TO FORM AND CORRECTNESS: City Attorney