HomeMy WebLinkAboutR-83-0439J-83-407
6 0
RESOLUTION NO. 83--43S
RESOLUTION AUTHORIZING THE CITY MANAGER TO
AMEND THE CONTRACT WITH SAP -Ali E . t A.TON FOR
PROFESSIONAL SERVICES PERTAINING TO IIISTORIC
PRESERVATION BY EXTENDING THE TIME OF
PERFORMANCE TO JUNE 1.5, 1984; BY INCREASING
THE CONTRACT AMOUNT TO $48,229 AND BY
INCREASING THE WEEKLY PATE TO $550.
WHEREAS, the City Commission nassed and adopted
Resolution No. 82-642 on Julv 22, 1983 authorizing the City
Manager to execute an agreement with Sarah E. Eaton for consul-
tant services pertaining to historic preservation; and
WHEREAS, the City entered into an agreement dated
Auqust 1.0, 1983 with Sarah E. Eaton, providing for a weekly
compensation of $465.60 not to exceed to total amount of $1.8,229;
and
WHEREAS, the Cite is desirous of extendinq this agree-
ment to provide necessary services to the Heritage Conservation
t'ro�gram; and
INTHEREAS, fundinci for the 1983-84 historic preservation
program has been allocated from the 9th Year Community Develop-
ment Block Grant in the amount of. $30,000;
NOW, THEREFORE, BE IT RESOLVED BY THE COYIMTSSION OF
THE CITY OF MIANII, FLORIDA:
Section 1. The Citv Manager is hereby authorized to
amend the contract with Sarah E. Eaton for professional services
pertaininq to historic preservation by extendinq the time of
performance to June 15, 1984, by increasinq the total. contract
amount to $48,229, and by increasing the weekly rate to $550.
PASSED AND ADOPTED on this
ST:
RALPH G. ONGIE, CITY CL RI--*ZE
31st
day of May , 1983.
_ Maurice A. Ferre
PIAURICE A. FERRE, Mayor
CITY CONIMISSION
MEETING' OF
'; ^,Y 31 1933
S -43S
PREPARED AND APPROVED BY:
�� 104��k
ROBERT F. CLARK
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
DSE R. GARCIA-PED
ITY ATTORNEY
-2-
83-439
CITY OF MIAMI HISTORIC PRESERVATION
CONSULTANT SERVICES AGREEMENT - AMENDMENT !�l
An amendment to an agreement made this day of
1983, between the CITV OF 11,1IAP4I, hereinafter
called the "CITY," a municipal corporation of the State of Florida,
and Sarah E. Eaton, of 4501 Prairie Avenue, Miami Beach, Florida,
33140, hereinafter called "CONSULTANT."
W I T N E S S E T H
WHEREAS, the CITY entered into an agreement dated August 10,
1982, with the CONSULTANT to provide professional services related
to historic preservation; and
WHEREAS, funds authorized by this agreement will be expended by
approximately May 30, 1983; and
WHEREAS, the CITY is desirous of extending this agreement through
June 15, 1984, and of providing a reasonable increase in compensation;
and
WHEREAS, funding for the 1983-84 historic preservation program
has been allocated from the 9th Year Community Development Block Grant
in the amount of $30, 000; and
WHEREAS, the City Commission passed and adopted Resolution No.
on
, authorizing the City Manager
to amend the contract with Sarah E. Eaton for professional services
pertaining to historic preservation by extending the time of per-
formance to June 15, 1984; by increasing the contract amount to
$48,229 and by increasing the weekly rate of $550.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND
AGREEMENTS HEREINAFTER SET FORTH, THE PARTIES HERETO COVENANT AND
AGREE to amend the August 10, 1982, agreement as follows:
1. Section II - Term of the original agreement shall be modified
to read as follows: This AGREEMENT will be deemed effective as of
September 1, 1982. It will be deemed complete on June 15, 1984,
or until a total compensation of Forty Eight Thousand Two Hundred
Twenty Nine Dollars ($48,229) has been expended.
83-43!3
a
i
2. Section IV - COMPENSATION FOR SERVICES, paragraphs 1 and 2,
shall be modified to read as follows:
The CITY agrees to pay the CONSULTANT and the CONSULTANT agrees
to accept as payment in full from the CITY for all professional and
technical services rendered pursuant to this Agreement a fee of $550.00
per week commencing flay 30, 1983, not to exceed Forty Eight Thousand
Two Hundred Twenty Nine Dollars ($48,229). This fee will be paid on
a 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.
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 ($13.75/hour)
multiplied by the number of hours actually worked.
IT IS UNDERSTOOD BY BOTH PARTIES TO THIS AGREEMENT THAT ALL
OTHER CONDITIONS OUTLINED UNDER THE ORIGINAL AGREEMENT OF AUGUST 10,
1982, REMAIN IN FULL FORCE AND EFFECT WITHOUT MODIFICATION EXCEPT
AS PROVIDED HEREIN.
This amendment shall take effect the 30th day of May, 1983.
IN WITNESS WHEREOF the parties hereto have caused these presents
to be executed by the respective officials thereunto duly authorized
on this day of , 1983.
CONSULTANT
Witnesses: SARAH E. EATON
By:
Sarah E. Eaton
83-439
ATTEST:
Ralph G. Ongie
City Clerk
PREPARED AND APPROVED BY:
Beatriz Bru 0
Assistant City Attorney
CITY OF MIAMI, a municipal
corporation of the State of Florida
By:
Howard V. Gary
City Manager
APPROVED AS TO FORM A14D CORRECTNESS:
Jose R. Garcia -Pedrosa
City Attorney
83-435
AGREEMENT
THIS AGREEMENT, made this day of ,
1982, by and between the CITY OF MIAMI, a municipal corpora-
tion under the laws of the State of Florida, hereinafter
called "CITY" and SARAH E. EATON, of 4501 Prairie Avenue,
Miami Beach, Florida, 33140, hereinafter called "CONSUL-
TANT. "
W I T N E S S E T H:
WHEREAS, pursuant to recommendations of the Miami Com-
prehensive 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, docu-
mentation and evaluation of historic sites, plans and in-
centives 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 re-
search, architectural history, historic preservation, and
federal regulations and guidelines related thereto, to as-
sist with the heritage conservation program; and
WHEREAS, the CITY desires that the CONSULTANT be re-
tained and compensated at a maximum rate of $465.60 per
week, commencing September 1, 1982, and ending September 1,
1983, so as to not exceed Eighteen Thousand Two Hundred
Twenty Nine Dollars ($18,229).
WHEREAS, sufficient funds are available for this Agree-
ment under the City-wide Historic Preservation project in
the 8th Year Community Development Block Grant Program; and
NOW, THEREFORE, the CITY and the CONSULTANT for the
cons iderzrtbn hereinafter set forth agree and covenant, one
unto the other l: as ; fol-lows :
• •,. r.. , , , � ,fin
0
83-438
0
u
SECTION I - DEFINITIONS
A. CITY is hereby defined as the City of Miami, Florida
B. CONSULTANT is hereby defined as SARAH E. EATON
C. DIRECTOR is hereby defined as the Director of the City
of Miami Planning Department
SECTION II - TERM
This AGREEMENT will be deemed effective as of Septem-
ber 1, 1982. It will be deemed complete within one year
or until a total compensation of Eighteen Thousand Two Hun-
dred Twenty Nine Dollars ($18,229) has been expended.
SECTION III - CONSULTANT SERVICES
The CONSULTANT shall be fully responsible to provide
all documentation requested by the DIRECTOR on any historic
site or district within the CITY. This may include histori-
cal research, collection of oral histories, description of
architectural features, evaluation of significance, photo-
graphic documentation, legal description of property bounda-
ries and any other customary information on historic sites
and districts.
The CONSULTANT shall assist the Planning Department
in evaluation of sites included in the Dade County Historic
Survey and make recommendations concerning the relative sig-
nificance of those sites.
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
nenefits.
The CONSULTANT shall advise the CITY and property
owners on matters affected by federal regulations and guide-
lines concerning historic sites and districts.
2
83-43�j
4 .0
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.
The CONSULTANT shall assist the Planning Department in
other maters related to historic preservation as requested
by the DIRECTOR.
SECTION IV - COMPENSATION FOR SERVICES
The CITY agrees to pay the CONSULTANT and the CONSUL-
TANT agrees to accept as payment in full from the CITY for
all professional and technical services rendered pursuant
to this Agreement a fee of $465.60 per week, not to exceed
Eighteen Thousand Two Hundred Twenty Nine Dollars ($18,229).
This fee will be paid on a 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 Agree-
ment will be the responsibility of the CONSULTANT.
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 ($11.64/
hour) 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 twen-
ty (20) working days per year. Days for vacation, holidays
and sick leave shall be with the permission of the DIRECTOR.
any days of vacation, sick leave or holidays taken off in
i
83-439
excess of the twenty (20) working days per year will be de-
ducted from the bi-weekly payment on a direct proration of
the weekly rate. Unused vacation and SICK leave may be ac-
crued 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.
SECTION V - TERMINATION OF AGREEMENT
The CITY and CONSULTANT retain the right to terminate
this Agreement for any time prior to completion of the pro-
ject without penalty or any further liability to the CITY
or CONSULTANT. In that event, notice of termination of this
contract shall be in writing mailed to the other party two
(2) weeks prior thereto. The CONSULTA1T shall be paid for
services rendered prior to the effective date of termination
of agreement in accordance with SECTION IV - COMPENSATION
FOR SERVICES. In no case, however, will the CITY pay the
CONSULTANT an amount in excess of the total sum provided
by this Agreement.
SECTION VI - EXTENT OF AGREEMENT
The Agreement represents the entire and integrated
agreement between the CITY and the CO14SULTA14T and supersedes
all prior negotiations, representations or agreements,
whether written or oral. This Agreement may be amended only
by written instrument signed by both the CITY and the CON-
SULTANT.
SECTION VII - SUCCESSORS AND ASSIGNS
The CONSULTANT shall make no assignments or transfer
of this Agreement or delegate, assign or transfer any part
of the duties under this Agreement without the written con-
sent of the CITY.
83-439
A Z
SECTION VIII - OWNERSHIP OF DOCUMENTS
All writings, diagrams, tracing, charts, and schedules
developed by CONSULTANT under this Agreement, shall be de-
livered 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 gen-
erated pursuant to this 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 CONSULTANT 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.
SECTIONN IX - AWARD OF AGREEMENT
The CONSULTANTS warrant that she has not emploved or
retained 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 CONSULTANTS is aware of the conflict of interest
laws of the City of Miami (Miami City Code Chapter 2, Arti-
cle V), Dade County, Florida (Dade County Code, Sec-
tion 2-11.1) and the Florida Statutes, and agree that they
will fully comply in all respects with the terms of said
laws.
83-439
C
SECTION X - 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.
SECTION XI - SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the parties
herein, their heirs, executors, legal representatives, suc-
cessors, and assigns.
SECTION XII - AUDIT RIGHTS
The CITY reserves the right to audit the records of
the 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.
SECTION XIII - 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 CONSULTANT'S
activities under this contract, including all other acts or
omissions to act on the part of the CONSULTANTS or any of
them, including any person acting for or on his or their
behalf.
SECTIO14 XIV - CONFLICT OF INTEREST
The CONSULTANT covenants that no person under her
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.
83-43s,
6
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 Agree-
ment, shall be subject to the more restrictive law and/or
guidelines regarding conflict of interest promulgated by
federal, state or local government.
SECTION XV - INDEPENDENT CONTRACTOR
That the CONSULTANT and her 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 unclas-
sified employees; further she shall not be deemed entitled
to Florida Worker's Compensation benefits as an employee of
the CITY.
SECTION XVI - GOVERNMENTAL AUTHORITY AND FORCE MAJEURE
No default in the performance of the terms, convenants
or conditions of this Agreement on the part of COITSULTA14T 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
83--435
i
Ll
0
•
default shall cease or be removed, it shall be the obliga-
tion 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.
IN WITNESS WHEREOF, the parties hereto have individu-
ally and through their proper corporate officials executed
this Agreement, the day and year first above set forth.
Witnesses:
.---Attest
— ` o
RALPH G. ONGIE
CITY CLERK
PREPARED AND APPROVED BY:
CONSULTANT
SARAH E. EATON
By:
Sarah E. Eaton
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
By;;
Iioward V. Gary
�"1-- City Manager --
'. 4.001 P. ;U.Aadl -d x. A%
Uel E. MaxweI
st. City At orney
APPROVED AS TO FORM AND CORRECTNESS:
�G� R�
Robert F. Clark
Acting City Attorney
0
8
n
■
83--435
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 Day
Christmas
83-435,
9
J
RESOLUTION NO. 60.0 `,
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT,
IN SUBSTANTIAL ACCORD WITH FORM OF
THE ATTACHED AGREEMENT, WITH SARAH
E. EATON, FOR SERVICES AS A CONSUL-
TANT, IN CONNECTION WITH THE CITY
OF MIAMI'S HERITAGE CONSERVATION
PROJECT, WITH FUNDS THEREFOR TO BE
EXPENDED FROM 8TH YEAR C.D.
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 substantial accord with the
form of the attached, 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 8th Year Community Development Block Grant.
PASSED AND ADOPTED this 22,M day of JULY ,
1982.
MAURICE A. FERRE
MAURICE A. FERRE
MAYOR
ATTE
MATTY HIRAI
ACTING CITY CLERK
PREPARED AND APPROVED BY:
I' rr- Lh%vt.'me"
)ASISTANT
L E. MA LL
CITY ATTORNEY
CORRECTNESS:
83-43SI
CITY ATTORNEY^ v•``f CITY COMMISSION
MEETING OF
JUL 2;,198.2leAAM
TO Howard V. Gary
City Manager
CITY OF MIAMI FLORIOA
INTER -OFFICE MEMORANDUM
DATV May 16, 1983 FILE
f7�
odriguez, Director
Planning Department
_-.... _: Resolution Authorizing an
Extension to the Contract with
Sarah E. Eaton for historic
Preservation Consultant Services
Cit•:, Commission ;Meeting -
May 31, 1983 -z
It is recommended that the attached
resolution be adopted authorizing the
City Manager to execute an amendment
to the contract with Sarah E. Eaton for
professional services in historic preserva-
tion, by extending the time of performance
to June 15, 1984; and increasing the rate
of compensation from $465.60 per week to
$550.00 per week; and increasing the total
contract amount from $18,229 to $48,229.
Finding
Specialized services in historic preservation are required to support
the activities of the Heritage Conservation Board and the historic
preservation program within the Planning Department; and to review
City projects under the National Historic Preservation Act of 1966.
Funding for this purpose has been allocated from the 8th and 9th
Year Community Development Block Grant. The existing consultant
contract, which began on September 1, 1982, had a total amount of
$18,229, which will be expended by May 27, 1983. A new allocation
of $30,000 from 9th Year CD will enable the contract to be extended
for 55 weeks.
Ms. Eaton has over five years of professional experience in the field
of historic preservation and has worked under contract for the City for
the past two years. She has done an outstanding job and received con-
siderable recognition for herself and the City of Miami Heritage Con-
servation program.
p I 1 1/
K
Page 1 of 2
83-435 -
•
Howard V. Gary
Recommendation
May 16, 1983
The proposed contract extension with Ms. Eaton provides expert
historic preservation services which are required by the City's
heritage conservation ordinance and various federal regulations.
The terms of the contract are very advantageous to the City and
funds have been allocated from 8th and 9th Year CD; thus it is
recommended that the attached resolution be approved.
SR/JAM/vb
Attachment
cc: Law Department
Page 2 of 2
83-435