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HomeMy WebLinkAboutR-85-1055J-85-1005 4 RESOLUTION N0. �-lt7 A RESOLUTION AUTHORIZING THE; CITY MANAGER TO _ EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, WHICH HAS BEEN NEGOTIATED WITH BOSWORTH AERIAL SURVEYS, INC., FOR AERIAL PHOTOGRAPHY OF APPROXIMATELY 640 ACRES OF THE CITY OF MIAMI FOR USE IN THE PREPARATION OF' CONSTRUCTION PLANS FOR THE FLAGLER SANITARY SEWER IMPROVEMENT DISTRICT, SR-5521C; USING PREVIOUSLY ALLOCATED FUNDS IN THE AMOUNT OF $24,405 FROM THE 1980 SEWER GENE13AL OBLIGATION BOND FUND TO COVER THE COST OF SAID WORK. WHEREAS, in order to complete the City's sanitary sewer system at the earliest possible date, there is a need to acquire aerial photographs of the City of Miami to expedite the preparation of construction plans for sanitary sewers; and WHEREAS, a Professional Services Agreement has been negotiated with Bosworth Aerial Surveys, Inc. to provide these needed photographs; NOW, THEREFORE, BE IT RESOLVED BY THE: COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute an agreement, in substantially the form attached hereto, which has been negotiated with Bosworth Aerial Surveys, Inc. for aerial photography of The City of Miami; using previously allocated funds in the amount of $24,405 from the 1980 Sanitary Sewer General Obligation Bond Fund to cover the cost of said work. CITY COMMISSION MEETING OF OCT 10 t985♦ r E Section 2. The City Manager is hereby authorized to instruct the Purchasing Agent to issue a Purchase Order for this service. PASSED AND ADOPTED this 10th day of OCTOBER , 1985. PREPARED AND APPROVED BY: ROBERT F. CLARK DEPUTY CITY ATTORNEY APPRO,'�tiS AS VO FORM AND CORRECTNESS: LV V i n . L vim+ CITY ATT NEY MAURICE A. FERRE MAURICE A. FERRE MAYOR - 2 - 85 -1055 PROFESSIONAL SERVICES AGREEMENT This Agreement entered into this day of , 1985, by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY", and BOSWORTH AERIAL SURVEYS, INC., hereinafter referred to as "PROVIDER". WITNESSETH: WHEREAS, THE CITY OF MIAMI, requires professional services in the nature of aerial photography of a portion of the City of Miami; and WHEREAS, the PROVIDER has expressed a desire to perform the required services for the CITY: 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: I. TERM: The term of this Agreement shall commence from the date of execution by the City Manager and shall terminate one year thereafter. -1- .i' SCOPE OF SERVICES A. PROVIDER will: 1. Furnish 23 aerial plans in the scale of 1" = 20' with plan view, border, title and single profile box. 2. Furnish five (5) aerial plans in scale of 1" = 20' with two plan views, border, title and single profile box. 3. Furnish 96 aerial plans in the scale of 1" = 50' with plan view, border, title and single profile box. All plans shall be on 22" x 36" polyester drafting .film with border, title and profile boxes as approved by the CITY prior to their production and shall be delivered to the CITY ninety (90) calendar days after a Notice to Proceed has been issued, unless completed or terminated earlier as provided herein or an extension of time granted in writing by the CITY. All plan sheets shall be within an area bounded by and including S.W. 8 Street, N.W. 7 Street, W. 47 Avenue and W. 57 Avenue. B. CITY will: 1. Review all aerial proofs and provide a layout plan for all reproducible aerial plan sheets to be furnished by the PROVIDER in accordance with this Agreement. -2- III. COMPENSATION: A. The CITY shall pay the PROVIDER as maximum compensation for the services required pursuant to Paragraph II hereof, $24,405. B. Such compensation shall be paid as follows: 1. A unit price for the 23 plan sheets described in paragraph I IA(1) of $150.00 each. 2. A unit price for the five (5) plan sheets described in paragraph IIA(2) of $195.00 each. 3. A unit price for the 96 plan sheets described in paragraph I IA(3) of $185.00 each. C. PROVIDER shall be compensated, for the services required above, $22,185.00 which may be increased by the above specified unit prices if additional plan sheets are required and requested in writing by the CITY to a maximum of $2 4,405.0 0. In the event a lesser number of plan sheets than specified in this Agreement are required by the CITY then the compen sa ti on sha 11 be reduced by the above specified unit prices. D. Such compensation shall be paid upon submission by the PROVIDER an invoice documenting the services provided. Such invoice shall be submitted after the acceptance of the services by the CITY and shall be paid within 30 days after acceptance by the CITY of said invoice. E. The CITY shall have the right to review and audit the time records and related records of the PROVIDER pertaining to any invoice. -3- t"IN l IV. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Both parties shall comply with all applicable laws, ordinances and codes of federal, state and local government. V. GENERAL CONDITIONS: A. Al 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 Ireceipt, whichever is earlier. I ' CITY OF MIAMI PROVIDER Donald ather, Director Boswor er al Surveys, City of Miami Inc. Department of Public Works 4057 Lake Worth Road 275 N.W. 2 Street Lake Worth, FL 33461-3999 Miami, FL 33128 B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. I 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. -4- SS -1a55 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 extend 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 PROVIDER under this Agreement shall be delivered to CITY by said PROVIDER 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. PROVIDER agrees that all documents maintained and generated pursuant to this contractual relationship between CITY and PROVIDER 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 PROVIDER pursuant to this Agreement shall at all times remain the property of CITY and shall not be used by PROVIDER for any other purposes whatsoever without the written consent of CITY. -5- VII. NONDELEGAHILITY: That the obligations undertaken by PROVIDER 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 PROVIDER 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: I PROVIDER 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, i 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. -6- S�--1�55 XI. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. XII. INDEMNIFICATION: PROVIDER shall indemnify and save CITY harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of PROVIDER'S activities under this Agreement, including all other acts or omissions to act on the part of PROVIDER, 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. PROVIDER 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. PROVIDER 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 PROVIDER or its employees, must be disclosed in writing to CITY. -7- Sr--1a55 B. PROVIDER 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: PROVIDER 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 CITY. In that event, notice of termination of this Agreement shall be in writing to PROVIDER, 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 PROVIDER an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between CITY and PROVIDER that any payment made in accordance with this Section to PROVIDER shall be made only if said PROVIDER is not in default under the terms of this Agreement. If PROVIDER is in default, then CITY shall in no way be obligated and shall not pay to PROVIDER any sum whatsoever. -8- XVI. NONDISCRIMINATION: PROVIDER agrees that it shall not discriminate as to race, sex, color, creed, or national origin in connection with its performance under this Agreement. XVII. MINORITY PROCUREMENT COMPLIANCE: PROVIDER 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 amendment or termination due to lack of funds, or authorization, reduction of funds, and/or change in regulations. XIX. DEFAULT PROVISION: In the event that PROVIDER 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 PROVIDER may cancel and terminate this Agreement, and all payments, advances, or other compensation paid to PROVIDER by CITY while PROVIDER was in default of the provisions herein contained, shall be forthwith returned to CITY. SS -1055 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 day and year first above written. ATTEST: CITY CLERK ATTEST: CORPORATE SECRETARY WITNESSES: s to (NOTE: If PROVIDER i's not a corporation, two witnesses must sign.) APPROVED AS TO INSURANCE REQUIREMENTS: DIVISION OF RISK MANAGEMENT -10- CITY OF MIAMI, a municipal Corporation of the State of Florida BY CITY MANAGER PROVIDER: Bosworth Aerial Surveys, Inc. BY (SEALTITLE APPROVED AS TO FORM AND CORRECTNESS: LUCIA CITY �ATTORNEY CORPORATE RESOLUTION WHEREAS, Bosworth Aerial Surveys, Inc. (A Florida Corporation) desires to enter into an agreement with the City of Miami; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the Bylaws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the president and secretary are hereby authorized and instructed to enter into a contract in the name and on behalf of this corporation with the City of Miami upon the terms contained in the proposed contract to which this resolution is attached. DATED this day of 1985. CHAIRPERSON OF THE BOARU77— DIRECTORS, Bill Bosworth (SEAL) i CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members DATE OCT of the City Commission SUBJECT. FROM REFERENCES Sergio Perei City Manager ENCLOSURES 37 4 1985 FILE Aerial Photography for Fla filer — Sanitary Sewer Improvement (For Commission fleeting of October 10, 1985) It is recommended that the attached Resolution be approved authorizing the City Manager to execute a Professional Services Agreement, in substantially the form attached hereto, which has been negotiated with Bosworth Aerial Surveys, Inc. to provide aerial photographs of an area of the City of Miami to be utilized in the planning and design of the Flagler Sanitary Sewer Improvement and authorizing the City Manager to instruct the purchasing agent to issue a purchase order for this service. We are requesting approval of the attached resolution, which will authorize the City Manager to execute the enclosed Professional Services Agreement and to instruct the purchasing agent to issue a purchase order for this service. The service to be provided under this Professional Services Agreement is aerial photography of approximately 640 acres of the area bounded by West 47 Avenue, S.W. 8 Street, West 57 Avenue and the North City Limits. These photographs will save the expense of extensive office and field investigations and drafting time and substantially reduce our design time for this project. These photographs will be provided for a fee of $24,405- Funds for this service will be provided from the Sanitary Sewer G.O. Bonds financing the sanitary sewer system. This department diligently searched for an aerial photography firm capable of providing these aerial photographs. We were unable to locate any minority firm and in fact found only three firms capable to providing this service (none minority and only one, Bosworth, located in the State of Florida). t SP : JJK : gc Resolution attached ,t