HomeMy WebLinkAboutR-86-0851J-86-882
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RESOLUTION NO. 86-851
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED,
WITH LOURDES SLAYZK, FOR PROFESSIONAL PLANNING
SERVICES, IN CONNE,.TION W17H THE DOWNTOWN DEVELOPMENT
PLAN AND DRI PROJECT, AND Tf1E CITYWIDE COMPREHENSIVE
PLAN WITH FUNDS IN THE AMO"INT $P1,257 TO BE EXPENDED
FROM FY'86-'87 SPECIAL PROGRAMS AND ACCOUNTS.
WHEREAS, by Resolution No. 85-208, oated February 28, 1985, the Miami
City Commission authorized certain procedures necessary to obtain professional
services for preparation of a comprehensive Downtown Development Plan and an
Application for Development Approval for downtown as a Development of Regional
Impact; and
WHEREAS, the City Manager believes that it is in the best interest of
the City to have certain portions of the Downtown Development Plan prepared by
professional planners working under the direct supervision of the Planning
Director; and
WHEREAS, the CONSULTANT has been working on the Downtown Master Plan and
DRI under a previous agreement since April, 1985, and is familiar with the
project; and
WHEREAS, funding for this project has been identified for Fiscal Year
'86-'87 from Special Programs and Accounts;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMIy
FLORIDA:
SECTION 1. The City Manager is hereby authorized to enter into an
agreement, substantially in the form attached, with Lourdes Slazyk, for
professional planning services in connection with the Downtown Development
Plan and DRI projec'L, and The Citywide Comprehensive Plan with funds in the
amount of $21,257 to be expended from FY'86-187 Special Programs and Accounts.
cm come F0N
MEETING OF
OCT 23 INS
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PASSED AND ADOPTED this day of
ATTEST:
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jWffT—YTFl—RAI, CITY ULtK&
PREPARED AND APPROVED BY:
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROVED S TO FORM AND
CORREC ESS:
LVvin n•
CITY ATTORNEY
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PROFESSIONAL SERVICES AGREEMENT
This Agreement entered into this �— day of , 19851 by and
between the City of Miami, a municipal corporation of Dade County, Florida,
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hereinafter referred to as "CITY", and Lourdes Slazyk, 1515 San Remo, #D3, �
Coral Gables, FL 33143, hereinafter referred to as "CONSULTANT."
RECITAL:
WHEREAS, by Resolution No. 85-208, dated February 28, 1985, the Miami
City Commission authorized certain procedures necessary to obtain professional
services for preparation of a comprehensive Downtown Development Plan and an
Application for Development Approval for downtown as a Development of Regional
Impact; and
WHEREAS, the City Manager believes that it is in the best interest of
the City to have certain portions of the Downtown Development Plan prepared by
professional planners working under the direct supervision of the Planning
Director; and
WHEREAS, the CONSULTANT has been working on the Downtown Master Plan and
DRI under a previous agreement since April, 1985 and is familiar with the
project; and
WHEREAS, funding for this project has been identified for Fiscal Year
186-187 from Special Programs and Accounts; and
WHEREAS, the City Commission passed and adopted Resolution No. , on
authorizing the City Manager to execute this agreement with
Lourdes Slazyk for professional planning services related to the Downtown
Development Plan and DRI project, and assistance on The Citywide Comprehensive
Plan.
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 November 1, 1986, through
September 30, 1987.
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SCOPE OF SERVICES:
CONSULTANT will
(1) provide professional services to the Planning Department as a
planning technician for the Downtown Development Plan and DRI
project, and the Citywide Comprehensive Plan. Such services shall
cover all phases of the planning process, and shall include but
not be limited to participatino in meetings and workshops,
preparing designs and graphics, collecting and analyzing data,
conducting research, writing reports, and assisting with various
administrative needs of the project; and
(2) report directly to the Project Manager appointed by the Director
of the Planning Department. The CONSULTANT will participate as a
team member with other planning consultants and staff of the
Planning Department and Downtown Development Authority, and shall
provide professional and technical assistance to other team
members as directed by the Project Manager.
III.
COMPENSATION:
A. CITY shall pay the CONSULTANT, as maximum compensation for the
services required pursuant to Paragraph II hereof, $21,257.
B. Such compensation shall be paid on the following bases:
A fee of $539.50 per week for the period of November 1, 1986
through September 30, 1987. 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
y:�rked.
In addition to national holidays as stated in Exhibit "A"
which is attached hereto and made a part of herein, time for other
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holidays, sick leave and vacation shall be earned at: a rate of one
(1) day vacation and one (1) day sick leave every fivr- (5) weeks
and 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 Plannino DepartmFnt. 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.
All office 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 CONOdTIONS:
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
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fifth day after being posted or the date of actual reteloto
whichever is earlier.
CITY OF MIAMI CONSULTANT
City Manager Lourdes Slatyk
3500 Ran American Drive 1515 San Remo, #D3
Miami, FL 33133 Coral Gables, FL 33143
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.
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 0OCUM ENTS:
All documents developed by CONSULTANT under this Agreement shall be
delivered to CITY by said CONSULTANT upon completion of the services required
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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 sok sect to all provisions of the Public Records
Law, Chapter 119, Florida Statutes.
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It is further understood by and between the parties that any
information, writings, maps, contract documents, reports or any other matter
whatsoever whirh is given by CITY to CONSULTANT pursuantto 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.
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.
J 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 b.; 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.
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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.
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.
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XIV.
INDEPENDENT CONTRACTOR:
CONSULTANT and its employees and agents shall be deem) 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 CITY. In that event, notice of termination of this
Agreement shall be in rriting 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.
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.
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XVII.
MINORITY PROCUREMENT COMPLIANCE:
CONSULTANT acknowledges that it has been furnished a copy of Ordinance
No. 9775, 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 &itendment
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 its date.
Any prior agreements, promises, negotiations, or representations not expressly
set forth in this Agreement are of no force or effect.
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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.
ATTEST:
MATTY HIRAI
City Clerk s"
ATTEST:
Corporation Secretary
WITNESSES:
s toCONSULTANT)
(NOTE: If CONSULTANT is not
a Corporation, two
witnesses must sign.)
APPROVED AS TO INSURANCE
REQUIREMENTS:
Division of RiskManagement
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CITY OF MIAMI, a municipal
Corporation of the State of
Florida
By
f AR H. a
City Manager
CONSULTANT:
By t e)
(Seal)
APPROVED AS TO FORM AND
CORRECTNESS:
LUCIA A. DOUGHERTY
City Attorney
EXHIBIT "A"
CONSULTANT BENEFITS
1. Twenty (20) working days Annual Vacation and Sick Leave per year.
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 Or MIIAMfI, rLORIRA
INTER -OFFICE MEMORANDUM
TO.
Honorable Mayor and Members DATE: OCT 61986
of the City Commission
SUBJECT: CITY/CONSULTANT CONTRACT
LOURDES SLA7YK
FRAME REFERENCES
Cesar H. Odio CITY COVVIISSION MEETING,
City Manager ENCLOSURES. OCTOBER 23, 1986
It is recommended that the City Commission
authorize the City Manager to enter into an
agreement with Lourdes Slazyk, for professional
planning services in connection with the
Downtown Master Plan and D.R.I. project and the
citywide comprehensive plan, with funds in the
amount of $21,257 to be expended from FY'86-'87
Special Programs and Accounts; per the attached
resolution.
The proposed professional services agreement with Lourdes Slazyk is required to
complete the work on the Downtown Master Plan and D.R.I. Ms. Slazyk is the
only one remaining of the three consultant planners hired to prepare the
Downtown Master Plan and Q.R.I.; therefore her continued assistance is critical
to the Planning Department's abii .:.y to complete this project. Phase I of the
project is almost complete, however, the following remains to be completed over
the next year: Completion of the Policy Plan for the Master Plan by the end of
1986, The Development Order for the D.R.I. from now thru mid-1987, and
Implementation of the Downtown Master Plan thru mid-1987. Nis. Slazyk will also
be assisting in beginning the new Citywide Comprehensive Plan. It is important
to mention that Ms. Slazyk has been working in the Planning Department since
November, 1983; first as an intern and then in April, 1985, as a consultant on
the Downtown Master Plan and D.R.I. She is, therefore uniquely able to be of
assistance in the above mentioned projects.
Funds for this contract have been encumbered from the downtown project budget;
account #921008, and are currently available.
`CHO/SR
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