HomeMy WebLinkAboutR-85-0447J-85-391
RESOLUTION NO. 85-447
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT, SUBSTANTIALLY IN THE
FORM ATTACHED, WITH ANA GELABERT, FOR
PROFESSIONAL PLANNING SERVICES, IN CONNECTION
WITH THE DOWNTOWN DEVELOPMENT PLAN AND DRI
PROJECT, WITH FUNDS IN THE AMOUNT $409600 TO
BE EXPENDED FROM FY184-185 SPECIAL PROGRAMS
AND ACCOUNTS AND FY185-186 GENERAL FUND,
SUBJECT TO AVAILABILITY.
WHEREAS, by Resolution No. 85-208, dated February 28, 19851
the Miami City Commission authorized certain procedures necessary
to obtain professional services for preparation of a
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comprehensive Downtown Development Plan and an Application for
Development Approval for downtown as a Development of Regional
Impact; and
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WHEREAS, the City Manager believes that it is in the best
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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 Planning Director has interviewed three
individuals potentially able to provide the professional planning
services required by the scope of services of this contract and
found Ana Gelabert to be the most experienced and qualified
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candidate; and
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WHEREAS, funding for this project has been identified for
Fiscal Year 184-185 from Special Programs and Accounts, and is
intended to be included as a budget item for Fiscal Year ' 85-' 86;
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NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
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OF MIAMI, FLORIDA:
SECTION 1. The City Manager is hereby authorized to enter
into an agreement, substantially in the form attached, with
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Ana Gelabert, for professional planning services in connection
with the Downtown Development Plan and DRI project, with funds in
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the amount of $40,600 to be expended from FY18
Programs and Accounts and FY185-186 General Fund
availability.
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CITYY COMMISSION
s�R'�1tN(�0F
APR 1S JW
No.
11Ol95-447:
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ATTEST:
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PREPARED AND APPROVED BY:
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROVED AS/TFO FORM AND CORRECTNESS:
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51 CITY ATTORNEY
85-r447:
PROFESSIONAL SERVICES AGREEMENT
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This Agreement entered into this day of
19850 by and between the city of Miami, a municipal corporation
of Dade County, Florida, hereinafter referred to as "CITY", and
Ana Gelabert, 216 Palm Avenue, Palm Island, Miami Beach, FL
33139, hereinafter referred to as "CONSULTANT."
WITNESSETH:
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
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interest of the City to have certain portions of the Downtown
Development Plan prepared by professional planners working under
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the direct supervision of the Planning Director; and
WHEREAS, the Planning Director has interviewed three
individuals potentially able to provide the professional planning
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services required by the scope of services of this contract and
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found Ana Gelabert to be the most experienced and qualified
candidate; and
WHEREAS, funding for this project has been identified for
Fiscal Year 184-185 from Special Programs and Accounts, and is
intended to be included as a budget item for Fiscal Year 185-186;
and
WHEREAS, the City Commission passed and adopted Resolution
No. `, on , authorizing the City Manager to
execute this agreement with Ana Gelabert for professional
planning services related to the Downtown Development Plan and
DRI project.
NOW, THEREFORE, in consideration of the promises and the
mutual covenants and obligations herein contained, and subject to
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the terms and conditions hereinafter stated, the parties hereto
understand and agree as follows:
Page 1 of 8
85-447
TERM:
The term of this Agreement shall be from May 1, 1985,
through October 31, 1986.
II.
SCOPE OF SERVICES:
The CONSULTANT shall provide professional services to the
Planning Department as an intermediate level project planner for
the Downtown Development Plan and DRI. Such services shall cover
all phases of the planning process, and shall include but not be
limited to such activities as participating in meetings and
workshops, preparing designs and graphics, collecting and
analyzing data, making public presentations, writing reports and
legislation, monitoring the work of technical consultants, and
assisting with various administrative needs of the project.
The CONSULTANT shall report directly to the Project Manager
appointed by the Director of the Planning Department. The
CONSULTANT shall participate as a team member with other planning
consultants and staff of the Planning Department and Downtown
Development Authority, but will be responsible for certain
portions of the work product as defined by the Project Manager.
COMPENSATION:
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A. CITY shall pay the CONSULTANT, as maximum compensation
for the services required
q pursuant to Paragraph II
hereof, $40, 600.
B. Such compensation shall be paid on the following uases:
A fee of $500.00 per week, for the period of May
-..', 1, 1985 thorugh December 31, 1985 , and a fee of
$525.00 per week for the period of January 1, 1986
through October 31, 1986. This fee will be paid on a
- s 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.
Page 2 of 8 85-44'I"
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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.
In addition 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 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 Planning Department. Any such days of 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,
required in connection with
equipment and parking
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.
Page 3 of S 85-441."
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-` COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAW:
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
^^ tre 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
s City Manager Ana Gelabert
3500 Pan American Drive 216 Plam Avenue
Miami, FL. 33133 Palm Island
Miami Beach, FL 33139
B. Title and paragraph headings are for convenient
reference and are not a •; ��.�y. 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.
AD. No waiver or breach of any provision of this Agreement
shall constitute a waiver of any subsequent breach of
~` an the same or
y other provision hereof, and no waiver
..K..,a shall be effective unless made in writing.
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OWNERSHIP OF DOCUMENTS:
" All documents developed by CONSULTANT under this Agreement
shall be delivered to CITY by said CONSULTANT upon completion of
3);
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
Page 4 of 8 85--447
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and CONSULTANT shall be subject to all provisions of the Public
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Records Law, Chapter 119, Florida Statues.
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.
VII.
NONDELEGABILITY:
That the obligations undertaken by CONSULTANT pursuant to
this Agreement shall not be delegated to any other person or firm
unless CITY shall first consent in writing to the performance of
such service or any part thereof by another person or firm.
VIII.
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 he/she has not employed or retained
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any person employed by the CITY to solicit or secure this
Agreement and that he/she has not offered to pay, paid, or agreed
to pay any person employed by the CITY and fee, commission
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percentage, brokerage fee, or gift of any kind contingent upon or
resulting from the award of this Agreement.
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CONSTRUCTION OF AGREEMENT:
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This Agreement shall be construed and enforced according to
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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.
Page 5 of 8
86-44, .
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XII.
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 his/her
behalf, and, from and against any orders, judgments, or decrees
which may be entered and from and against all costs, attorney's
fees, expenses and liabilities incurred in the defense of any
such claims, or in the investigation thereof.
XIII.
CONFLICT OF —INTEREST:
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 he/she will fully comply in all respects
with the terms of said laws.
XIV.
INDEPENDENT CONTRACTOR:
CONSULTANT and his/her 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
CONSULTANT, who shall be paid for those services performed prior
to the date of his/her 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.
Page 6 of 8 85--447-
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it is hereby, understood by and between the 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 he/she shall not discriminate as to
race, sex, color, creed, or national origin in connection with
his/her performance under this Agreement.
XVII.
MINORITY PROCUREMENT COMPLIANCE:
CONSULTANT acknowledge that he/she 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 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.
Page 7 of 8
85--447-
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�.' 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.
CITY OF MIAMI, a Municipal
{' Corporation of the State of
ATTEST: Florida
RALPH G. ONGIE
CITY CLERK
WITNESSES:
4 -AA't'C
As to CONSULTANT
APPROVED AS TO INSURANCE
REQUIREMENTS:
DEPARTMENT OF RISK
MANAGEMENT
By
SERGIO PEREIRA
CITY MANAGER
CONSULTANT:
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S..�J (Seal)
Title
APPROVED AS TO FORM AND CORRECTNESS:
LUCIA A. DOUGHERTY
CITY ATTORNEY
Page 8 of 8 85-447,
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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
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CITY OF MIAMI. FLORIDA
22 INTER -OFFICE MEMORANDUM
TO Sergio Pereira DATE: April 4, 1985 Mgt:
City Manager
SUBJECT: Professional Services
Agreement with Ana Gelabert
for Downtown Plan and Dill
FROM am REFERENCES:
3
i ER o�d =guez, Director ENCLOSURES. Agenda Item for April 18, 1985
4ngnino
It is recommended that the City
Commission authorize the City
Manager to execute an agreement for
professional planning services with
Ana Gelabert in connection with the
Downtown Development Plan and DRI
project, with funds in the amount
of $40,600 from FY184-185 Special
Programs and Accounts and FY185-186
General Fund, per the attached
resolution.
The proposed professional services agreement with Ana Gelabert is
one of three proposed agreements with individuals that would
provide professional planning services to the Planning Department
under the direct supervision of the Planning Director. This
agreement, which covers an 18 month long period from May 1, 1985
through October 31, 1986, would provide needed assistance in
preparation of the Downtown Development Plan, while the technical
elements of the Downtown DRI are prepared by outside consulting
firms under separate contract.
Funding:
This agreement with Ana Gelabert proposes a rate of compensation
of $500.00 per week with a 5 percent increase effective
January 1, 1986. This results in a total accumulated payment of
$13,500 during FY184-185 and an overall maximum compensation of
$40,600 during the 18 month long term of the agreement.
By Resolution No. 85-208, dated February 28, 1985, the City
Commission authorized procedures necessary to obtain professional
services for preparation of a Downtown Development Plan and
Development of Regional Impact (DRI) application, and directed
the City Manager to identify a funding source for the $400,000
estimated costs of this project. Subsequently, an amount of
$150,000 was earmarked from Special Programs and Accounts to
cover project expenses during FY184-185. The remaining $250,000
will be included in the FY185-186 budget.
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J� ATTACHMENTS