HomeMy WebLinkAboutR-84-0759} .1814-496
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RESOLUTION NO. 84-75
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREE:P;ENT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, WITH SARAH E. EATON,
FOR SERVICES AS A CONSULTANT, IN CONNECTION
'MITE! THE CITY OF MIAMI'S HERITAGE
CONSERVATION PROJECT, WITH FUNDS THEREFORE TO
BE EXPENDED FROM 10TH YEAR C.D.
WHEREAS, pursuant to recommendations of the Miami
Comprehensive Neighborhood Plan and to Motion 79-326 of the Miami
City Commission, the Planning Department is currently
implementing an historic preservation program including the
creation of heritage conservation zoning districts, documentation
and evaluation of historic sites, plans and incentives for
conservation of historic sites, and methods and materials for
public education and appreciation; and
WHEREAS, the CITY desires to engage the services of a
CONSULTANT with training and experience in historical research,
architectural history, historic preservation, and federal
regulations and guidelines related thereto, to assist with the
heritage conservation program; and
WHEREAS, funding for the 1984-85 historic preservation
program has been allocated from the 10th Year Community
Development Block Grant in the amount of $30,000.
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, in a form acceptable to the City Attorney,
with Sarah E. Eaton, for services as a CONSULTANT, in connection
with the City of Miami's Heritage Conservation project, with
funds therefor, to be expended from the loth Year Community
Development Block Grant.
CITY COMMISSION
MEETING OF
JUL 12 1884
H4-7f50
RESOLUTIuiv Ir'��-.� �.
Cm
PASSED AND ADOPTED this 12 day of
1984.
Maurice A. Ferre
IC A. E tRE, AY
ATTEST:
�RAI,PffG. ONGIE, CITY CLEtW
PREPARED AND APPROVED BY:
tee - _ee
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
SE H. GARCIA-PEDROSA
ITY ATTORNEY
84-'75S
Page 2 of 2
r.nMMISSION ACTION
CITY OF MIAM1, FLORIDA
114TER-OFFICE MEMORANDUM
To. Howard V. Gary
City Manger
FROM:
S al riguez, Director
la ng Department
DATE: May 24, 1984 FILF:
SUBJECT: Consultant Services Contract
for Heritage Conservation
REFERENCES:Agenda Item for City Commission
June 14, 1Q84
ENCLOSURES:
It is recommended that the attached
resolution be adopted authorizing the City
Manager to enter into an a5reement with
Sarah E. Eaton for services as a Consultant
in connection with the City of Miami's
HeritaEe Conservation efforts, with funds
t erefor to be expended from 10th Year CD.
The 10th Year Community Development Program has allocated $30,000
for the Planning Department's program assisting Heritage
Conservation. These efforts include providing staff support to
the Heritage Conservation Board; evaluating the 2000-3000 sites
in Miami documented by the Dade County Historic Survey; assisting
property owners and neighborhood organizations in applying for
tax benefits and other preservation incentives; providing
information on historic site impacts required for state and
federally funded projects; providing research and documentation
required for any sites nominated as Heritage Conservation Zoning
Districts; and working with community groups to improve awareness
of Miami's historic resources and the available incentives for
preservation.
The Planning Department does not have a permanent staff position
assigned to Heritage Conservation and therefore, the program
relies upon the services of a Consultant with specialized
training and expertise in the field of historic prrservation.
The proposed Agreement with Sarah E. Eaton will provide for full
time services of a highly qualified person for a period up to one
year at a rate of $606 per week, not to exceed $30,000.
SR/JAM/dr
ATTACHMENTS
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84-'759
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PROFESSIONAL SERVICES AGREEMENT
This Agreement entered into this day of ,
1984, by and between the City of Miami, a municipal corporation
of Dade County, Florida, hereinafter referred to as "CITY", and
SARAH E. E.ATON, or 4501 Prairie Avenue, Miami Beach, Florida,
33140, hereinafter referred to as "CONSULTANT."
t.rTTr,rcecr. rtl.
WHEREAS, pursuant to recommendations of the Miami
Comprehensive Neighborhood Plan and to Motion 79-326 of the Miami
City Commission, the Planning Department is currently
implementing an historic preservation program including the
creation of heritage conservation zoning districts, documentation
and evaluation of historic sites, plans and incentives for
conservation of historic sites, and methods and materials for
public education and appreciation; and
WHEREAS, the CITY desires to engage the services of a
CONSULTANT with training and experience in historical research,
architectural history, historic preservation, and federal
regulations and guidelines related thereto, to assist with the
heritage conservation program; and
WHEREAS, funding for the 1984-85 historic preservation
program has been allocated from the 10th Year Community
Development Block Grant 4.n the amount of $30,000; and
WHEREAS, the City Commission passed and adopted Resolution
No. on , authorizing the City
Manager to execute this agreement with Sarah E. Eaton for
professional services pertaining to historic preservation.
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 June 15, 19849
through June 15, 1985. 84-759
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SCOPE OF SERVICES:
CONSULTANT will
(1) The CONSULTANT shall be fully responsible to provide
all documentation requested by the Planning Department
Director on any historic site or district within the
CITY. This may include historical research, collection
of oral histories, description of architectural
features, evaluation of significance, photographic
documentation, legal description of property boundaries
and any other customary information on historic sites
and districts; and
(2) The CONSULTANT shall assist the Planning Department in
evaluation of sites included in the Dade County
Historic Survey and make recommendations concerning the
relative significance of those sites; and
(3) The CONSULTANT shall assist the Planning Department in
providing information to property owners and
neighborhood organizations concerning benefits and
incentives for historic preservation and assist them as
necessary to receive those benefits; and
(4) The CONSULTANT shall advise the CITY and property
owners on matters affected by federal regulations and
guidelin`s concerning historic sites and districts; and
(5) The CONSULTANT shall assist the Planning Department in
working with property owners, community groups, and
public officials to develop priorities and strategies
for historic preservation; and
(6) The CONSULTANT shall assist the Planning Department in
other matters related to historic preservation as
requested by the Planning Department Director.
III.
COMPENSATION:
A. CITY shall pay the CONSULTANT, as maximum compensation
for the services required pursuant to Paragraph II
hereof, $30,000.
84- 59
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�. Such compensation shall'be paid on the following bases:
A fee of 1606 per week, not to exceed $30,000.
This fen will he paid on a bi.-weekly basii. Payment of
all taxes and expenses stach as income tax, social
security, health and major medical. insurance. personal
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insurances and general expenses of any kind not
provided for in thin Agreement will be the
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responsibility of the CONSULTANT.
The CONSULTANT shall provide full-time services
ak
solely devoted to the CITY during the normal working
hours of the CITY plus attending occasional evening
meetings required to carry out the responsibilities se*
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 ($15.15) 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 Planning
Department Director. Any days of vacation, sick leave
or 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 vacations 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.
84-'75S
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 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
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
City Manager Sarah E. Eaton
3500 Pan American Drive 4501 Prairie Avenue
Miami, FL. 33133 Miami Beach, FL. 33140
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.
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 thin contractual relationship between CITY
and CONSULTANT shall be su jcct; to all provisions of the Public
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.
NONDEL.EGASILITY:
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
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
percentage, brokerage fee, or gift of any kind contingent upon or
resulting fracn the award of this Agreement.
X.
CONSTRUCTIO14 OP AGREEMENT:
This Agreement shall be construed and enforced according to
the laws of the State of Florida.
84-759
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SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors, and
assigns.
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 efitered 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 respect
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 ri,,hts 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 C014 T'RACT:
CITY retains the right to terminate this Agreement at any
time prior to the completion of the services required pursuant to
84-75t.-,
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paragraph 11 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 prier
to the date of his/her r-eco ,pt, of the notice of termination. In
no case. however, will CITY pay CONSULTANT an amount in excess of
the total skim provided by this Agreement.
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.
XV I .
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 witl'. 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 ter:rrs and conditions contained herein, then
CITY, at its sole option, upon written notice to CONSUL'lma may
'4-" 7 )
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.
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:
RALPH G. ORGIE
CITY CLERK
ATTEST:
Corporate Secretary
WITNESSES:
s to CONSULTANT
(Note: If CONSULTANT is not
a Corporation, two
witnesses must sign.)
APPROVED AS TO INSURANCE
REQUIREMENTS:
DEPARTMENT OF MR
MANAGEMENT
CITY OF MIAMI, a Municipal
Corporation of the State of
Florida
By
A D V. GARY
CITY MANAGER
CONSULTANT:
BY (Seal)
Title
APPROVED AS TO FORM AND CORRECTNES,
JOSE R. GARCIA-PE5903W
CITY ATTORNEY
84-759
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