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HomeMy WebLinkAboutR-84-0599n RESOLUTION NO. 84."59 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACTUAL AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED, WITH GEORGE ACTON, JR. FOR PROFESSIO14AL CONSULTANT SERVICES IN THE PREPARATION OF THE TEXT OF THE SPECIAL PUBLIC INTEREST (SPI) Z014ING ORDINANCE FOR THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AREA, WITH FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED $9,000 ALLOCATED FROM SOUTHEAST OVERTOWN/PARK WEST FUNDS. WHEREAS, the City Commission approved in principle the Southeast Overtown/Park West Community Redevelopment Plan. (Resolution No. 82-755); and WHEREAS, the current zoning within the Southeast Overtown/Park west Community Redevelopment Area does not reflect the proposed land use plan for the area as reflected in the plan; and WHEREAS, there is a need to establish a Special Public Interest Zoning District for the Project area that will incorporate Urban Design Guidelines and Controls, as well as the desired land use types and densities; and WHEREAS, George Acton, Jr. possesses the professional expertise to prepare the necessary text for the SPI Zoning Ordinance; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA; Section 1. The City Manager is hereby authorized to execute a contract, in substantially the form attached, with George Acton, Jr. for the preparation of the text of the Special Public Interest Zoning Ordinance for the Southeast Overtown/Park West Community Redevelopment Area with funds therefor hereby allocated in an amount not to exceed $9,000 from Southeast Overtown/Park West Funds. CITY COMMISSION MEETING OF MAY 2.1 ISMS 5.- z) - RESOtUIw�, r.; REh;hNK�. PASSED AND ADOPTED THIS 24th day of May r 1984 ATTEST: RA PH G. ONGIE City Clerk PREPARED AND APPROVED BY: ROBERT N. SECHEN Assistant City Attorney Maurice A. Ferre MAURICE A. FERRE, Mayor APPROVED AS TO FORM AND CORRECTNESS: 5SE GARCIA PEDROSA ity Attorney 84-599 7o. Howard Gary City Manager FROM: Herbert Bailey Assistant City Manager CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM DATE: May 15, 1984 FILE: SUBJECT: City Commission Agenda May 24, 1984 REFERENCES: ENCLOSURES: It is recommended that the Miami City Commission approve the attached resolution authorizing the City Manager to enter into a contractual agree- ment with George Acton, Jr. for an amount not to exceed $9,000 for the preparation and completion of the te:..t for r Special Public Interest Zoning District for the Southeast Overtown/Park West Redevolopittent Aze_a. An integral component of the Southeast ©vertown/Part. West Redevelopmcnt Prograin is the establishment of a Special Public Interest (SPI) Zoning District. Mr. George Acton, former planning director and consultant to the City on the new zoning ordinance, received a professional services contract to prepare a draft of the zoning ordinance. Mr. Acton has completed his initial work but due to the complexity of the endeavor which entails incorporating the Urban Design Guidelines into the document; and the need for ex- tensive refinement of the document before presentation to the PAB and City Commission, it is recommended that a supplemental contract not to exceed $9,000 be authorized by the City Commission. It is anticipated that the cost of these proposed services will not ex- ceed $4,500 (note attached contract) but the additional authori- zation for funding above this amount will allow for flexibility if any additional services are needed in regards to the preparation of the zoning ordinance. A competitive bid is not necessary for this contract since the total amount of the contract is less than $50,000. (City Code Section 1858.2) 84-59< PROFESSIONAL SERVICES CONTRACT This is an agreement by and between the CITY OF MIAMI, a municipal corporation of Dade County, Florida, hereinafter re- ferred to as "CITY" and GEORGE ACTON, JR., hereinafter referred to as "CONSULTANT". WHEREAS, the CITY is desirous of securing professional plan- ning services for the Southeast Overtown/Park West Community Project, hereinafter referred to as "PROJECT", which might be e rendered by the CONSULTANT; and WHEREAS, the CONSULTANT holds the academic and professional qualification., i.equired for these services; and P7HERE,AS, the CONSULTPNIT is capable and desirous of perform- ing such services and other allied tasks as might be desired by the CITY: NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREINAFTER SET FORTH, AND FOR AND IN CONSIDERATION OF THE SUM OF $4,410.00 TO BE PAID BY THE CITY TO THE CONSULTANT, THE PARTIES HERETO COVENANT AND AGREE AS FOLLOWS: SCOPE OF SERVICES 1. The CONSULTANT shall be under the general supervision of the Director of the Southeast Overtown/Park West Project Office (Assistant City Manager) and the direct supervision of the Assistant Director for Development. 2. The CONSULTANT shall be responsible for the production and completion of a Special Public Interest Zoning District (SPI) for the Southeast Overtown/Park West Community Redevelopment Area (area bounded by I-95, Biscayne Boulevard, I-395 and N. 5th Street). ter. .? :.+a"�.�.": '._.:�.rra,"'Aw-..3.�::: S! '- �. - .'.r .. :.'..... '. ... -.{.i r •..�r :'• ...-.., •%. �.. ..w .r �..s .. �il'r .. ... 1. 3.='.. .. 1 The CONSULTANT will undertake the following activities: A. The CONSULTANT shall prepare and review for cor- rectness the draft text of the Special Public Interest Zoning District (SPI). B. The CONSULTANT shall prepare the necessary infor- mation on graphics for inclusion in the SPI. C. The CONSULTANT shall investigate the language of the Transfer of Development Rights (T.D.R.) for possible inclu- sion in Article 2014. D. The CONSULTANT shall prepare the necessary amend- ments for proposed right-of-way changes and the necessary revisions to the City of Miami Comprehensive Zoning Ordinance (9500). E. The CONSULTANT shall review, reorganize, and submit commentaries on the Southeast Overtown/Park West Redevel- opment Project Urban Design Guidelines and Standards being pre- pared by the Downtown Development Authority. F. The CONSULTANT shall be available to make revi- sions to the SPI as a result of review meetings with the Planning Department, the Downtown Development Authority, the Planning Advisory Board, and the Miami City Commission. G. The CONSULTANT shall attend a joint Overtown Advisory Board and Park hest Association meeting to review the proposed zoning, and shall assist in the presentation of the SPI before the Planning Advisory Board and the Miami City Commission. 3. The final draft of the work outlined in the Scope of Services shall be delivered to the CITY within thirty (30) work- ing days of receipt of all the required information listed in this contract. The CITY shall deliver its review and comments within five (5) working of receipt of the preliminary draft. The final submission shall be delivered to the CITY within ten (10) working days after receipt of comments from the CITY. - 2 - 84-5E .. .. .. ... _..._.. ..., _e:...„-�.....ti'x.�a✓-tea,.. .s,..�.;z:'-��:.a. The CITY shall deliver final comments within five (5) working days of receipt of the final submission. 4. The CITY agrees to supply the following information and services: A. The Southeast Overtown/Park West Urban Design Guidelines and Controls prepared by the Downtown Development Authority. B. Outline of the text of the SPI which will entail major items to be included within the zoning ordinance. C. All other plans and studies -and information in regards to the Southeast Overtown/Park West Redevelopment Program, as may be necdad by the CONSULTANT. 4 D. Graphic and clerical services, and parking. 5. The CONSULTANT shall devote the necessary reasonable time in the rendering of such services and documents as may be required. 6. The CONSULTANT shall provide his own office and work space. METHOD OF PAYMENT The CONSULTANT's services shall be rendered on an hourly basis of $30.00 per hour. The Consultant shall be paid an amount not to exceed Four Thousand four Hundred Ninety -Nine dollars ($4,410.00) for work on the above stated Scope of Services, payable upon presentation of invoices, in the following manner: 33.31V ($1,470.00) upon cmpletion of 49 hours; 33.3% ($1,470.00) upon ccfnpletion of an additional 49 hours; 33.3% ($1,470.00) upon calpletion of the remaining 49 hours. EXTENT OF EMPLOYMENT Both parties agree that the CONSULTANT shall not in any manner be considered an employee of the City of Miami; he shall not be entitled to any benefits of any form or nature from the City of Miami other than the compensation recited above. - 3 - 4-5 !.Y WPM In the event that the CONSULTANT shall in the future be appointed to employment within the ranks of the City of Miami., he shall not accrue any seniority or other emoluments connected with such employment by reason of the services rendered under this contract. INDEMNIFICATION CONSULTANT shall indemnify and save the CITY harmless from and against any and all claims, liabilities, losses, and causes of action, which may arise out of the CONSULTANT's activities under this contract, including all other acts or omissions to act of the CITY, its officers or employees, and from and against any orders, judgmen-s or decrees which may be entered and from and against all costs and attorney's fees, expenses and liabilities incurred in the defense of any such claims, or the investigation thereof. NON-DELEGABILITY It is understood and agreed that the obligations undertaken by the CONSULTANT pursuant to this Agreement shall not be dele- gated to any other person or firm unless the CITY shall first consent in writing to the performance of such services or any part thereof by another person or firm. CONSTRUCTION OF AGREEMENT The parties hereto agree that this Agreement shall be construed and enforced according to the laws, statutes and case laws of the State of Florida. OPINERSHIP OF DOCUMENTS All writings, diagrams, tracing, charts, and schedules developed by the CONSULTANT under this Agreement, shall be deliv- ered to the CITY by said CONSULTANT upon completion of the WORK and shall become the property of the CITY, without restriction or limitation on their use. CONSULTANT agrees that all documents, records and reports maintained and generated pursuant to this - 4 - 'Sk 84-58E . .. .. ,,. .. ._-. .:.-..�'�-.•_. y -'. •_,' s". -+, ..,.�Cf G..ra. -� �^-'...:f.-T7:.w�:_..+..e.^.mot}...Cr'..i�f `, _.w ...t., ,_ :_ .. .... ..w .. •.�, contractual relationship between the CITY and CONSULTANT shall be subject to all provisions of the Public Records Laws, 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 the CITY to the CON- SULTANT pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by the CONSULTANT for any other purposes whatsoever without the written consent of the CITY. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAVIS Both part_bes shall comply with all applicable laws, ordinances and codes of Federal, State and Local Governments. Specifically, the CONSULTANT agrees to comply with Title VI of the Civi..l. Rights Act of 19G4; Title VIII of the Civil :tights Act of 1968; Frecur.ive Order_ 11063; Executive Order 11264; Section 3 of the Housing and Urban Development Act of 1968, as t:umended; the Anti -kickback Act, Title XVIII, U.S.C. Section 874, OMB Circular No. A-120 Revised; and Federal Management Circular 74•--4. AMENDMENTS The CITY may, at its discretion, amend the Agreement to conform with changes in applicable City, County, State and Federal laws, directives, guidelines and objectives. No amend- ments to this Agreement shall be binding on either party unless in writing and signed by both parties. Such amendments shall be incorporated as a part of this Agreement upon review, approval and execution by the parties hereto. TERMINATION The CITY retains the right to terminate, at its discretion, this Agreement by written notice to the CONSULTANT of such intent to terminate at least two (2) weeks prior to the effective date of such termination. Such right to terminate prior to the - 5 - 84- 5i9' P completion of the effective term of Agreement or of the work shall be without penalty of the CITY. In that event, CONSULTANT shall be paid for all work performed prior to the date of this receipt of notice of termination. In no case, however, will the CITY pay the CONSULTANT an amount in excess of the total sum provided by this Agreement. If, through any cause, the CONSULTANT shall fail to fulfill in timely and proper manner its obligations under this Agreement or shall violate any of the covenants, agreements, conditions or stipulations thereof as determined by the CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to the CONSULTANT of such intent to terminate at A least five(5) days prior to the effective date of such termination. It is hereby understood by and between the CITY and CONSULTANT that any payment made in accordance with this section shall be made only if CONSULTANT is not in default under the terms of this Agreement. If CONSULTANT is in default under the terms of this Agreement, then the CITY shall in no way be obli- gated and shall not pay to the CONSULTANT any sum whatsoever. SUS -CONTRACT The CONSULTANT agrees that there shall be no assignments or Sub -Contract in connection with the Agreement without the prior written approval of the CITY and that all such Sub -Contractors or assignees shall be governed by the terms and intent of this Agreement. ADMINISTRATIVE AND LEGAL REMEDIES Should the CONSULTANT violate or breach the terms of this contract, the CITY shall determine the appropriate legal or administrative action to be taken and penalties to be assessed. "P 6 ' 4� 85RE RIGHT TO AUDIT The CITY shall have the right to review and audit the time records and related records of the CONSULTANT pertaining to any billings to the CITY for time or expenses for a period of up to one year after final payment. AWARD OF AGREEMENT The CONSULTANT warrants that they have not employed or retained any company or persons to solicit or secure this Agree - meet and that they have not offered to pay, paid, or agreed to pay any person or Company any fee, commission, percentage, bro- kerage fee, or gifts of any kind contingent upon or resulting from the award+of making this Agreement. The CONSULTANT is aware of the conflict of interest laws of the City of ;Miami (liami City Code Chapter 2, Article V), Dade County, Florida. (made County Code, Section 2-11.1) and the Florida Statutes, and agree that• they will fully comply in all respects with the terms of said laws. CONFLICT OF INTEREST The CONSULTANT covenants that no person under its employ who presently exercises any functions or responsibilities in connec- tion with this Agreement has any personal financial interest, direct or indirect, in the work product of this Agreement. The 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 the CONSULTANT or its employees must be disclosed in writing to the CITY. The CONSULTANT, in the performance of this Agreement, shall be sub- ject to the more restrictive law and/or guidelines regarding conflict of interest promulgated by federal, state or local government. This contract shall become effective beginning immediately on the date of execution by the City Manager and continue for ten - 7 - 84-591 I I ' weeks or upon completion of the work described above, unless notice is given by either party of a new termination date. IN WITNESS WHEREOF, the parties have executed this CONTRACT on the dates hereinafter set forth. Witnesses: ATTEST: RALPH G. ONGIE City Clerk BY: GEORGE ACTON, JR. Date CITY OF MIAMI, a municipal corporation of the State of Florida BY: Date HOWARD V. GARY City Manager APPROVED AS TO FORM AND CORRECTNESS: JOSE R. GARCIA-PEDROSA City Attorney 84-59�: