HomeMy WebLinkAboutR-83-0535I
J-83-436
M-83-380
5/12/83
RESOLUTION NO. S 3-5 3J1
A RESOLUTION AUTHORIZING 71HE CITY MANAGER TO
EXECUTE AN AGREEMENT, SUBSTANTIALLY IN THE
FORM ATTACHED HERETO, FOR PROFESSIONAL
SERVICES WITH WARRFN L. BRAUN, P.E.,
CONSULTING ENGINEERS FOUR THE PURPOSE OF
ASSISTING THE CABLE COMMUNICATIONS AGENCY IN
CONDUCTING ITS TECHNICAL REVIEW OF THE CABLE
TELEVISION SYSTEM; ALLOCATING A SUM NOT TO
EXCEED $10,000.00 TO COVER THE COST THEREFOR
FROM SPECIAL REVENUE FUNDS, CABLE TELEVISION.
WHEREAS, the City Commission, at its re-qular meeting cn May
12, 1983, by Motion No. 83-380 accepted recommendations for the
annual review of cable television as contained in a memorandum
from the City Manager to the City Commission dated May 6, 1983;
and
WHEREAS, the City Manager recommended that the City
Commission authorize the execution of an agreement for
professional services with Warren L. Braun, P.E., Consulting
Engineers, in a sum not to exceed $10,000.00 for the purpose of
assisting the Cable Communications Agency in conducting its
technical review of the cable television system;
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
for professional services with Warren L. Braun, P.E., Consulting
Engineers, for the purpose of assisting the Cable Communications
Agency in conducting its technical review of the cable television
system; and
Section 2. A sum not to exceed $10,000.00 is hereby
allocated from Special Revenue Funds, Cable Television.
1983.
PASSED AND ADOPTED this 15th day of June r
Maurice A. Ferre
MAURI E A. FERRE, Mayor
CITY
J u N 15 1983
83-5351
z
ATTEST:
RALPH G. ONGIE
City Clerk
PREPAROD AND APPROVED BY:
A. QUINN JOYE9" III ,
Assistant 71t,Attorney
APPROVED AS TO FORM AND CORRECTNESS:
'IX
1JOSE R. GARCIA-PEDROSA
City Attorney
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83-535.
IN 15
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made this day of ,
1983, by and between the CITY OF MIAMI, a municipal
corporation under the laws of the State of Florida
(hereinafter referred to as "CITY") and Warren L. Braun,
P.E., Consulting Engineers, Comsonics Lane at Port Republic
Road, Harrisonburg, Virginia 22801 (hereinafter referred to
as "CONSULTANT").
WITNESSETH:
WHEREAS, the City Commission, on October 19F 1981?
adopted Ordinance No. 9332 granting a nonexclusive license to
Miami Tele-Communications, Inc. and Americable of Greater
Miami, Ltd. to construct, operate and maintain a cable
television system; and
WHEREAS, Section 704(a) of Ordinance No. 9332 requires
the licensee to submit a report to the City Manager with
respect to the following areas, at a minimum:
(1) Compliance with the schedule for construction
required by Section 601 of the Ordinance;
(2) Compliance with the plan for technical specifica-
tions and performance standards required by Section
301 of the Ordinance;
(3) Development of the system's interactive capacity;
(4) Adequacy of the system's institutional cable;
(5) Application of state-of-the-art technology design
and services of the system;
(6) Need to upgrade or modify the system to provide
benefits of technological advances in the cable
industry; and
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WHEREAS, Section 704(c) of Ordinance No. 9332 provides
that within thirty (30) days after the licensee's report
becomes available to the public, the City Manager shall
review the licensee's performance to determine whether the
licensee has complied with the provisions, obligations, terms
and conditions of the Ordinance; and
WHEREAS, the City Commission, by Motion 83-380 on May
12, 1983, accepted the recommendation of the City Manager
that it authorize a contract for services with Warren L.
Braun, P.E., in an amount not to exceed $10,000 for the
purpose of assisting the Cable Communications Agency in
conducting its technical review of the cable television
system; and
WHEREAS, CITY'S Cable Administrator has determined that
CONSULTANT has the necessary knowledge and experience
relative to the design, engineering, construction and
operation of cable television systems to perform the tasks
specified in Paragraph 2 hereof; and
WHEREAS, the City Commission adopted Resolution No.
83- on June , 1983, authorizing the City Manager to
execute an agreement with Warren L. Braun, P.E. for a sum not
to exceed $10,000; and
WHEREAS, CONSULTANT has expressed a desire to perform
the required services for CITY;
NOW, THEREFORE, CITY and CONSULTANT agree as follows:
1. TERM
This Agreement shall commence on the day it is
signed by the City Manager and shall terminate with the
completion of the services described in Paragraph 2 hereof,
but no later than September 30, 1983.
2. BASIC SERVICES
CONSULTANT'S scope of work shall include a review
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of the licensee's progress in meeting the REVISED
CONSTRUCTION SCHEDULE filed pursuant to Resolution No.
83-338, compliance with the plan for technical specifications
and performance standards required by Section 301 of
Ordinance No. 9332, development of the cable system's
interactive capability, adequacy of the system's
institutional cable and its application of state -of -the art
technology in design and services of the system.
CONSULTANT, in addition, shall provide the following
services:
TASKS
A. Review all documents and materials pertinent to
plans submitted by the licensee pursuant to
Sections 301 and 601 of Ordinance No. 9332.
B. Review all reports, responses and exhibits
submitted by licensee to CITY related to system
design, performance and construction progress. The
review shall determine completeness of the
licensee's responses and compliance with Ordinance
No. 9332.
C. Conduct on -site inspection and verification of
licensee's headend and cable plant constructed to
date.
D. Conduct meetings with licensee to clarify and
resolve any contradictions in information or
materials furnished by licensee to the CITY.
E. Participate in meetings as requested by the CITY
from time to time with CITY Staff and the City
Commission.
F. Prepare a written report which shall include a
comparative analysis between the plans submitted by
the licensee pursuant to Sections 301 and 601 of
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Ordinance No. 9332 and present construction,
including projections for future performance based
on calculations to be made by CONSULTANT.
G. Perform any other task(s) as CITY may determine as
necessary for technical review and analysis of the
cable television system.
3. COMPENSATION
(1) CITY shall pay CONSULTANT, as compensation for
services required pursuant to Paragraph 2, hereof, a maximum
fee of $10,000, said fee to be calculated and billed upon a
time and expense basis per CONSULTANT'S rate card attached
hereto as Exhibit "A" and incorporated by reference herein.
(2) Such fee shall be paid upon submission by
CONSULTANT of monthly billings. CITY shall have the right to
review and audit time records and related records of
CONSULTANT pertaining to any such billings.
4. TERMINATION OF CONTRACT
CITY retains the right to terminate this Agreement
at any time prior to the completion of work without penalty
to CITY. In that event, notice of termination of this
Agreement shall be in writing to CONSULTANT 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 CITY
pay CONSULTANT an amount in excess of the total sum provided
by this Agreement.
It is hereby understood by and between 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 the
CONSULTANT is in default under the terms of this Agreement,
then CITY shall in no way be obligated and shall not pay to
CONSULTANT any sum whatsoever.
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1)
5. NONDELEGABILITY
It is understood and agreed 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 services
or any part hereof by another person or firm.
6. 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.
7. OWNERSHIP OF DOCUMENTS
All writings, diagrams, tracings, charts, and
schedules developed by CONSULTANT under this Agreement, shall
be delivered to CITY by said CONSULTANT upon completion of
work and shall become the property of CITY, without
restriction or limitation on their use. CONSULTANT agrees
that all documents, records and reports maintained and
generated pursuant to this contractual relationship between
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 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.
8. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the parties
herein, their heirs, executors, legal representatives,
successors, and assigns.
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9. 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.
10. 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 of CITY, its officers or employees, and from
and against any orders, judgments 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.
11. CONFLICT OF INTEREST
CONSULTANT covenants that no person under its
employ who presently exercises any functions or responsi-
bilities in connection with this Agreement has any personal
financial interests, direct or indirect, in this Agreement.
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 CONSULTANT or
its employees, must be disclosed in writing to CITY.
CONSULTANT, 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.
12. INDEPENDENT CONTRACTOR
CONSULTANT and its employees and agents shall be
deemed to be an independent contractor, and not an agent or
employee of CITY, and shall not attain any rights or benefits
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83-535
under the Civil Service or Pension Ordinance of 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
CITY.
13. GOVERNMENTAL AUTHORITY AND FORCE MAJEURE
No default in the performance of the terms,
covenants or conditions of this Agreement on the part of
CONSULTANT or CITY (other than in the payment of any accrued
billings due or in any other payment required hereunder by
one party to the other) shall be deemed to continue if and so
long as CONSULTANT or CITY, as the case may be, shall be
delayed in or prevented from remedying the same by (a)
strikes or other labor disputes, (b) acts of God or the
public enemy, (c) any order, directive or other interference
by municipal, state, federal or other governmental official
or agency, or (d) any other cause reasonably beyond the
control of CONSULTANT or CITY, as the case may be; but if and
when the occurrence or condition which delayed or prevented
the remedying of such default shall cease or be removed, it
shall be the obligation of CONSULTANT or CITY, as the case
may be, without further delay, to commence the correction of
such default or to continue the correction thereof.
14. AMENDMENTS
The CITY may, from time to time, require changes in
the scope of the services to be performed hereunder. Such
changes, including any increase or decrease in the amount of
CONSULTANT'S compensation, which are mutually agreed upon by
and between the parties shall be incorporated in written
amendments to this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed by the respective officials thereunto
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83-535
duly authorized, this the day and year first above written.
WITNESSES:
ATTEST
RALPH G. ONGIE
City Clerk
CONSULTANT
WARREN L. BRAUN, P.E.
Consulting Engineers
WARREN L. BRAUN
CITY OF MIAMI, a municipal
corporation of the state of
Florida
By
HOWARD V. GARY
City Manager
APPROVED AS TO FORM AND CORRECTNESS:
JOSE R. GARCIA-PEDROSA
City Attorney
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83-535
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EXHIBIT "A"
RATE' ,CARD 4
EFFECTIVE - July 1, 1981
WARREN L. BRAUN CONSULTING ENGINEERS
FIELD CONSULTATION:
Trips - Whole days charged from time of departure to return to office.
(Minimum charge - 1 day)
Per diem rates based on 8 hour day. All hours in excess of
8 hours
per day are billed at stated hourly rate.
EXPENSES - Cost + 10%
MILEAGE - $20.00 per day, plus 27C per driven mile, unless
vehicles
are
rented, in which case the rental charges + 10% will be billed.
CLASSIFICATION
RATE
Project Director . . . . . . . . . . . . . . . . . . .
$600.00
per
day
Senior Engineer . . . . . . . . . . . . . . . . . . .
450.00
per
day
Field Engineer . . . . . . . . . . . . . . . . . . .
400.00
per
day
Field Technician
250.00
per
day
Field Technical Assistant .
200.00
per
day
IN-HOUSE PROJECTS (Minimum charge - 1 hour)
CLASSIFICATION
Project Director . . . . . . . . . . . . . . . . . . .
$75.00
per
hour
Senior Engineer . . . . . . . . . . . . . . . . . . .
55.00
per
hour
Senior Programmer . . . . . . . . . . . . . . . . . . .
SS.00
per
hour
Field Engineer . . . . . . . . . . . . . . . . . .
47.50
per
hour
Engineer
45.00
per
hour
Franchise Coordinator
35.00
per
hour
Programmer . . . . . . .
35.00
per
hour
Word Processor and Operator . . . . . . . . . . . . . .
30.00
per
hour
Engineer Assistant . . . . . . . . . . . . . . . . . . .
30.00
per
hour
Field Technician . . . . . . . . . . . . . . . . . . .
30.00
per
hour
Senior Technician . . . . . . . . . . . . . . . . . . .
2S.00
per
hour
Field Technical Assistant . . . . . . . . . . . . . . . .
22.50
per
hour
Senior Draftsman . . . . . . . . . . . . . . . . . . .
20.00
per
hour
Administrative Assistant . . . . . . . . . . . . . . . .
20.00
per
hour
Technician . . . . . . . . . . . . . . . . .
20.00
per
hour
Draftsman . . . . . . . . . . . . . . . . . . .
17.50
per
hour
Junior Technician . . . . . . . . . . . . . . . . . . .
15.00
per
hour
Junior Draftsman . . . . . . . . . . . . . . . . . . .
15.00
per
hour
Clerical . . . .
15.00
per
hour
UNIT CHARGES
CATV Plant Design Analysis (per sub -system run)
$125.00
Satellite Downlink Budget Analysis (per path)
$ 25.00
Billing period - monthly - payable on the 10th following, unless otherwise
negotiated.
Late charge of 1}$ on all accounts over 60 days.
NOTE:
This rate card is subject to changes brought about by Inflationary factors in
the
economy not subject to Warren Braun Consulting Engineers' control,
therefore,
may be changed without further notice, conforming generally to changes in the
cost of living index.
83- S35
06
31
Howard V. Gary
City Manager
CITY OF 'AIAW. FLORIDA
INTER-O F!CE *4EMORANOUM
Merry Sue Smoller
Assistant to the City Manager
for Cable Communications
I) ATE May 26, 1983 FILE
Professional Services Contract
with Warren L. Braun, P.E.,
Consulting Engineers.
Resolution/City Commission
'-N �LO:�UR r.� Agenda - June 15, 1983.
"It is recommended that the City Manager be
authorized to execute an agreement, substan-
tially in the form attached hereto, for pro-
fessional services with Warren L. Braun, P.E.,
Consulting Engineers, for the purpose of
assisting the Cable Communications Agency in
conducting its technical review of the cable
television system; allocating a sum not to
exceed $10,000.00 to cover the cost therefor
from Special Revenue Funds, Cable Television."
At its regular meeting on May 12, 1983, the City Commission moved to
accept the recommendation contained in a memorandum from the City
Manager to the City Commission dated May 6, 1983, that a contract for
services with Warren Braun Consulting Engineers in an amount not to
exceed $10,000.00 be authorized. To complete the Cable Television
Annual Report, there is a need to obtain expert assistance in conducting
the technical review of the cable television system. This legislation
will grant the City Manager the authority to enter into a contract for
professional services to accomplish this purpose.
MSS/mmm
Encls.
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