HomeMy WebLinkAboutR-83-1035EESOLUTION NO. IJ 3-1033 j
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT, IN
SUBSTANTIALLY THE FORM ATTACHED
HERETO, WHICH HAS BEE14 NEGOTIATED
WITH BOSWORTH AERIAL SERVICES INC.,
FOR AERIAL PHOTOGRAPHY OF THE CITY
OF MIAMI AND ITS RIGHTS OF WAY;
USING PREVIOUSLY ALLOCATED FUNDS IN
THE AMOUNT OF $49,850 FROM THE
LOCAL OPTION GAS TAX TRANSPORTATION
ENTERPRISE FUND TO COVER THE COST
OF SAID WORK.
WHEREAS, there is an urgent need for aeria
photographs of The City of Miami and its rights of way; and
WHEREAS, the City has failed in its attempts with
two previous aerial surveyors to acquire these photographs;
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 $49,850
from Local Option Gas Tax Transportation Enterprise Fund to
cover the cost of said work.
Section 2. The City Manager is hereby authorized
to instruct the Purchasing Agent to issue a Purchase Order
for this service.
CITY C0hI1"JIS'0I0N
MMETH\ "'F
NOV 16 19813'
RES01�1 -" ,.j.� 19
kENPt;KS.
PASSED AND ADOPTED this lhth day of November ,
PREPARED AND APPROVED BY:
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
E R. GARCIA-PEDROS
TY ATTORNEY
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MiMricc A. Ferro-
MAURICE A. FERRE
MAYOR
83-1035
E
CITY OF MIAM1. FLORIDA
or
INTER -OFFICE MEMORANDUM
TD Howard V. Gary
City Manager
FROM
Donald W. Cather
Director of Public Works
DATE
SUBJECT
October 22, 1983 WILE
REFERENCES
ENCLOSURES
Aerial Photography of
Rights -of -Way
(For Commission Meeting
of November 10, 1983)
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
the City of Miami and its Rights -of -Way,
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 The City of Miami. Approximately 492 17
1/21lx32" aerial photographs at a scale of 1"=100' will be provided for
a fee of $49,850.
Since 1981, the City has hired two different aerial survey firms to
perform this service. Both of those firms defaulted and were unable
to provide the needed photographs. Our present aerial photographs
were taken in 1974, and urgently need updating.
Funds for this service will be available from the Local Option Gas Tax
Transportation Enterprise Fund in the C.I.P. Appropriations Ordinance,
which is the subject of a separate memorandum.
These photographs will be utilized primarily in the planning and
design of street, storm drainage, and street lighting projects to
maintain and upgrade the transportation system of The City of Miami.
These photographs will also be available for sale to the general
public and for other departments, such as Police, Fire, Planning,
Community Development, Economic Development etc.
JHO:gc
Resolution attached
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CORPOR-ATE RESOLUTION
t"Iii:FE:.S BOSWORTH AERIAL SURVEYS INC , LAKE WORTH FLORIDA
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
By -Laws of the corporation;
14Ot•7, 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 20 th day of OCTOBER 1933
1
RSO: OF IE ii0 OR
SECRETARY
(TO BE USED ONLY IF BIDDER IS A CORPORATION)
i
83-1035
j, f
PROFESSIONAL SERVICES AGREEMENT
This Agreement entered into as of the day of
1983, by and between the CITY OF MIAMI, a municipal corporation of
Dade County, Florida, hereinafter referred to as "CITY" and BOSWORTH
AERIAL SURVEYS, INC., hereinafter referred to as "PROVIDER".
W I T N E S S E T H:
WHEREAS, THE CITY OF MIAMI, requires professional services in
the nature of aerial photography of the City of Miami; and
WHEREAS, the PROVIDER has expressed a desire to perform the
required services for the CITY:
1. TERM:
This Agreement shall commence on December 1, 1983, for the
purpose of providing services stipulated in Paragraph 2 of this
Agreement and shall terminate on the 30th day of June, 1984.
2. BASIC SERVICES:
The PROVIDER shall provide the following professional services:
One set of scaled mylar film positives, screened for reproduction on
a diazo whiteprint machine, covering the City of Miami -approximately
59 square miles -at a scale of 1"=100'. Each sheet shall be 17j'x 32"
covering 1/8th of a section. Approximately 492 sheets are to be
provided. The vertical aerial photography shall be accomplished with
a First Order camera with a 12" focal length.
3. COMPENSATION:
a) The CITY shall pay the PROVIDER as compensation for the
services required pursuant to Paragraph 2 hereof,.as follows:
$49,850.00 upon completion and acceptance by the CITY.
b) Such fee shall be paid upon submission by the PROVIDER
a single billing; such billing shall be paid within 30 days of
submission. The CITY shall have the right to review and audit the
time records and related records of the PROVIDER pertaining to any
such billing.
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c) The PROVIDER and the CITY hereby agree that the
maximum amount payable under this contract shall not exceed $49,850.00.
4. TERMINATION OF CONTRACT:
The CITY retains the right to terminate this Agreement at
any time prior to the completion of the WORK without penalty to the
CITY. In that event, notice of termination of this Agreement shall
be in writing to the PROVIDER who shall be paid for all WORK performed
prior to the date of this receipt of the notice of termination. In
no case, however, will the CITY pay the PROVIDER an amount in excess
of the total sum provided by this Agreement.
It is hereby understood by and between the CITY and the
PROVIDER that any payment made in accordance with this Section to the
PROVIDER shall be made only if said PROVIDER is not in default under
the terms of this Agreement. If the PROVIDER is in default under the
terms of this Agreement, then the CITY shall in no way be obligated
and shall not pay to the PROVIDER any sum whatsoever.
5. GENERAL CONDITION:
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 or by telegraph
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.
b) Titles 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 Agree-
ment and any terms or conditions contained in 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 in
writing.
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83-1035
6. AWARD OF AGREEMENT:
The PROVIDER warrants that they have not employed or retain-
ed any company or persons to solicit or secure this Agreement and that
they have not offered to pay, paid or agreed to pay any person or
company any fee, commission, percentage, brokerage fee or gifts of
any kind contingent upon or resulting from the award of making this
Agreement.
The PROVIDER is aware of the conflict of interest laws of
the City of Miami (Miami City Code Chapter 2, Article V), Dade County,
Florida (Dade County Code, Section 2-11.1) and the Florida Statutes,
and agrees that they will fully comply in all respect with the terms
of said laws.
7. NON-DELEGABILITY:
It is understood and agreed that the obligations undertaken
by the PROVIDER pursuant to this Agreement shall not be delegated to
any other person or firm unless the CITY shall first consent in writ-
ing to the performance of such services or any part thereof by
another person or firm.
8. 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.
9. SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties herein, their
heirs, executors, legal representatives, successors and assigns.
10. AUDIT RIGHTS:
The CITY reserves the right to audit the records of the
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.
11. INDEMNIFICATION:
The PROVIDER shall indemnify and save the CITY harmless from
and against any and all claims, liabilities, losses and causes of
action including reasonable attorney's fees, which may arise out of
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83-1035
PROVIDER'S activities under this contract, including all other acts
or omissions to act on the part of the PROVIDER or any of them, in-
cluding any person acting for or on his or their behalf.
12. CONFLICT OF INTEREST:
The 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, in this Agreement. The PROVIDER further covenants that,
in the performance of this Agreement, no person having such conflict-
ing interest shall be employed. Any such interests on the part of the
PROVIDER or its employees, must be disclosed in writing to the CITY.
The PROVIDER, in the performance of this Agreement, shall be subject
to the more restrictive law and/or guidelines regarding conflict of
interest promulgated by federal, state or local government.
13. INDEPENDENT CONTRACTOR:
That the PROVIDER and its employees and agents shall be deemed
to be an independent contractor, and not an agent or employee of the
CITY, and shall not attain any rights or benefits under the Civil
Service or Pension Ordinance of the CITY, or any rights generally
afforded classified or unclassified employees; further he/she shall
not be deemed entitled to Florida Worker's Compensation benefits as
an employee of the CITY.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed by the respective officials thereunto duly authorized,
this the day and year first above written.
Witnesses: PROVIDER:
BOSWORTH AERIAL SURVEYS, INC.
Attest:
RALPH ONGIE, CITY CLERK
Approved as to form and correctness:
JOSE R. GARCIA-PEDROSA
CITY ATTORNEY
CITY OF MIAMI, a municipal
corporation of the State of
Florida
BY:
HOWARD V. GARY, CITY MANAGER
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83 --1035