HomeMy WebLinkAboutR-83-0157J-83-81
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH
DR. ERNEST R. BARTLEY, FREDERICK H.
BAIR, JR. AND ROBERT M. LEARY IN
THE AMOUNT OF $40,000 FOR CONSUL-
TANT SERVICES IN ASSISTING IN THE
ADMINISTRATIVE IMPLEMENTATION ON
NEW ZONING ORDINANCE 9500, WITH
FUNDS ALLOCATED THEREFOR FROM
SPECIAL PROGRAM AND ACCOUNTS.
WHEREAS, the City of Miami has previously engaged the
services of Dr. Ernest R. Bartley for planning consulting
services over the past ten years; and
WHEREAS, Dr. Ernest R. Bartley and Frederick H. Bair, Jr.
prepared a critique of Comprehensive Zoning Ordinance 6871
in 1975 and 1976 and were subsequently engaged as consultants
in the preparation of a new zoning ordinance; and
WHEREAS, Ordinance 9500 was adopted September 23, 1982 as
the new zoning ordinance for the City of Miami, the same being
the ordinance for which Dr. Ernest R. Bartley and Frederick H.
Bair, Jr. served as consultants under contract to the City;
and
WHEREAS, Ordinance 9500 has an effective date of May 1,
1983; and
WHEREAS, it is necessary for the City have consulting
assistance in preparing City personnel for the proper adminis-
tration of Ordinance 9500; and
WHEREAS, the City wishes to engage the services of
Dr. Ernest R. Bartley, Frederick H. Bair, Jr. and Robert M.
Leary, the latter a specialist in the administration of land
use controls, in order to effect an efficient transition
from Ordinance 6871 to Ordinance 9500; and
WHEREAS, Dr. Ernest R. Bartley, Frederick H. Bair, Jr.
and Robert M. Leary are willing and well -qualified to under-
take this project and perform there professional services
under the direction of and the account of the City; and
WHEREAS, the City Commission by Motion M-82-887;
September 23, 1982 authorized and directed the City Manager
to negotiate a contract with Dr. Ernest R. Bartley for con-
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tinued assistance in connection with the recently adopted
Ordinance 9500;
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, substantially in the form attached, with
Dr. Ernest R. Bartley, Frederick H. Bair, Jr. and Robert M.
Leary in the amount of $40,000 for consultant services in _
assisting in the administrative implementation of new Zoning
Ordinance 9500, with funds therefor hereby allocated from
Special Programs and Accounts.
PASSED AND ADOPTED this 24th day of February ► 1983.
ATTEST:
- 1y
I RALPFR G. ONGIE, CITY CL
PREPARED AND ADOPTED BY:
ROBERT F. CLARK
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
,,JOSE R. GARCIA-PEDROSA
CITY ATTORNEY
Maurice A. Ferre
MAURICE A. FERRE, M A Y 0 R
8 3-15-7 .
Howard V. Gary
City Manag�er--�
gio Rodrigtl z'� , Director
Planning Department
February 9, 1983
Authorization to Execute Consul-
tant Contract: Dr. Ernest R.
Bartley; Frederick H. Bair, Jr.
and Robert M. Leary
Implementation of New Zoning
Ordinance 9500
It is recommended that the Commission
authorize execution of a contract with
Dr. Ernest R. Bartley, Frederick H.
Bair, Jr. and Robert M. Leary in the
amount of $40,000 for consultant
services in administrative implementa-
tion of new Zoning Ordinance 9500, per
the attached resolution.
Motion 82-887; September 23, 1982 authorized and directed the
City Manager to negotiate a contract with Dr. Ernest R. Bartley
for continued assistance in connection with the recently adopted
Zoning Ordinance 9500.
The contract for consultant services includes administrative
consultation; an index for the new ordinance; training sessions
for City personnel; preparation of an administrative manual and
appropriate forms.
Funds for the contract are available from Special Programs and
Accounts.
It is requested that this item be heard on the City Commission
meeting of February 24, 1983.
SR:JWM:dr
ATTACHMENT
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AGREEMENT
This agreement made this day of by and
between the City of Miami, Florida, a municipal corporation of the
State of Florida, hereinafter called the "CITY," and Ernest R.
Bartley, hereinafter called the "CONSULTANT."
WITNESSTI1
THAT WHEREAS, the City of Miami has previously engaged the
services of Dr. Ernest R. Bartley for planning consulting services
over the past ten years; and
WHEREAS, Dr. Ernest R. Bartley and Frederick Ii. Bair, Jr.,
prepared a critique of Ordinance No. 6871 in 1975-76 and were
then engaged as consultants in the preparation of a new zoning
ordinance; and
WHEREAS, Ordinance No. 9500 of the City of Miami was adopted
23 September 1982, the same being the ordinance for which
Dr. Ernest R. Bartley and Frederick H. Bair, Jr., served as con-
sultants under contract to the City of Miami; and
and
WHEREAS, Ordinance 9500 has an effective date of May 1, 1983;
WHEREAS, it is necessary for the City of Miami to have consult-
ing assistance in preparing City personnel for the proper adminis-
tration of Ordinance No. 9500; and _
WHEREAS, the City of Miami wishes to engage the services of
Dr. Ernest R. Bartley, Frederick H. Bair, Jr., and Robert M. Leary,
the latter a specialist in the administration of land use controls,
in order to effect a smooth and efficient transition from Ordinance
No. 6871 to Ordinance No. 9500; and
WHEREAS, Dr. Ernest R. Bartley, Frederick H. Bair, Jr., and
Robert 14. Leary are qualified to undertake this project and perform
these professional services under the direction of and the account
of the City; and
WHEREAS, the Miami City Commission by Motion No. 82-887 dated
September 23, 1982 authorized and directed the City Manager.and the
City Clerk to negotiate an agreement with Dr. Ernest R. Bartley
for his continued assistance in conjunction with recently adopted
Ordinance No. 9500;
83-'i57,
NO-v., THEREFORE, The CITY and the CONSULTANT for the consid-
erations hereinafter set forth do agree and covenant, one unto
the other, as follows:
SECTION I. GENERAL.
A. The CONSULTANT shall perform the professional services
as hereinafter set forth; and
B. The CITY shall pay the CONSULTANT a fee of $40,000
(Forty Thousands Dollars), in the manner hereinafter set out,
for the performance of the work outlined herein.
SECTION II. DEFINITIONS.
A. CITY - The City of Miami, Florida.
B. CITY MANAGER - The City Manager of Miami, Florida.
C. CONSULTANT - Dr. Ernest R. Bartley
Leary.
SUBCO:ISU LTANTS - Frederick H. Bair, Jr., and Robert M.
CONSULTANT - The CONSULTANT and the SUBCONSULTANTS or
any of them.
D. PROJECT COORDINATOR - The Director of the Department
of Planning of the City of Miami, Florida.
E. WORK - The professional and technical services to be
rendered by the CONSULTANTS.
F. FEE - The amount of money the CITY agrees to pay the -_
CONSULTANT for those professional and technical services required
to complete the WORK as further defined in SECTION III, SCOPE OF
PROFESSIONAL SERVICES.
SECTION III. SCOPE OF PROFESSIONAL SERVICES.
The work to be performed by the CONSULTXNTS shall have the
objective of providing training and materials for CITY personnel
who are charged with the responsibility of administrating Ordinance
No. 9500. The parties to this agreement mutually recognize that
time is of the essence in accomplishing the objective. The parties
to this agreement further recognize that Ordinance No. 9500
makes provision for administrative techniques and substantive
requirements not previously utilized in CITY zoning and that
transition to Ordinance No. 9500 requires dedicated efforts on the
part of CONSULTANTS and CITY administrative personnel alike for
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effective future administration.
To that end, CONSULTANT will perform wort: in the follo.•,ing
context and subject to the considerations set forth as follows:
A. Training sessions for CITY administrative personnel.
CONSULTANT will conduct training sessions for CITY
personnel charged with the responsibility of the administration
of Ordinance No. 9500. The Project Coordinator acting in concert
with the CONSULTANT will be responsible for the scheduling of
training sessions and for deciding whether the CONSULTANT or a
member of the Department staff will conduct particular sessions.
B. Administrative iianual.
A major responsibility of the CONSULTANT, acting in
cooperation with the CITY Departments responsible for the adminis-
tration of Ordinance No. 9500, shall be the preparation of an
Administrative IManual. The overall objective of the Administrative
Manual shall be to provide CITY personnel charged with administra-
tion of Ordinance No. 9500 a reference source for dealing with
= procedural and substantive questions that will arise and to
insure insofar as possible that the Ordinance is uniformly
interpreted and administered.
C. Preparation of Forms.
In cooperation with the personnel of affected departments
the CONSULTANTS will adapt present zoning forms and prepare new
forms where necessary in order to -.facilitate the administration
of Ordinance No. 9500.
D. Oversight.
CONSULTANTS will be available after the effective date of
Ordinance No. 9500 in order to assist affected administrative
personnel in answering procedural and substantive questions arising
in the course of administering the ordinance. Assistance in this
context may be rendered orally, in writing, or by face-to-face
consultation as the situation may require.
E. Index to New Zoning Ordinance.
CONSULTANTS shall aid the Planning Department in develop-
ing an up to date index for the new Zoning Ordinance.
F. General Work with Deuartment of Planning.
The CONSULTANTS will work closely with the Department of
Planning and other affected CIT'i Departments in the accomplishment
of these tasks. In recognition of the fact that successful
completion of the tasks requires careful liaison among the Depart-
ment of Planning, other affected CITY Departments and the CONSUL-
TANTS,the CONSULTANTS will spend sufficient person days in consulta-
tion with CITY personnel on the project covered by this agreement.
Times and places for such consultations shall be mutually deter-
mined by the Project Coordinator, affected Department heads, and
the CONSULTANT.
G. Time not Specifically Covered by this Agreement.
Six (6) person days of this agreement shall be held in
reserve for the accomplishment of wort: not specifically coverer 'W
this agreement; or to meet situations not foreseen at the time
this agreement is executed.
SECTION IV. CITY'S SERVICES AND RESPONSIBILITIES.
The CITY shall furnish to CONSULTANT services as follows:
A. The Director of the Department of Planning or a person
or persons to be designated by him shall be responsible for coordi-
nating the meetings, efforts, and interests of affected CITY
departments in accomplishing the work of CONSULTANT. .
B. All materials in the hands of the CITY and relevant to
the accomplishment of the project.shall be furnished to CONSULTANT
without charge and in sufficient copies to accomplish the objectives
of the project.
C. The CITY is responsible for reproducing in required
quantities (as determined by it) the written materials required
for accomplishment of the project. CONSULTANT will furnish
camera ready copy.
D. The CONSULTANT shall be furnished without charge nine
(9) copies of all final project documents.
E. The CITY shall pay invoices of CONSULTANT within forty-
five (45) days of receipt, as set out in Section V of this agree-
ment.
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SECTION V. CO_MEENSATION FOR SERVICES.
For professional and technical services as set out in
SECTION III, SCOPE OF PROFESSIONAL SERVICES, the CTTY agrees to
pay the CONSULTAINT a FEE of $40,000 (Forte Thousand Dollars).
A. CONSULTANT will submit monthly billings in triplicate
such billings to be made over the signature and certification
of Ernest R. Bartley. Payment shall be made by the CITY within
forty-five (45) days of receipt of such billings. All payments
shall be made to Ernest R. Bartley, AICP.
B. The amount of monthly billings due for work performed
to billing date shall be an amount calculated in accord with
paragraph C and B below.
C. CONSULTANT'S monthly billings shall set out hours worked
during the billing month at the rate of. $400 per day each for
Ernest R. Bartley, Frederick ii. Bair, Jr.., and Robert M. Leary.
Where the term "person day" is used in this agreement it shall mean
eight (8) hours.
D. The CITY shall not be liable for the transportation or
living expenses of the CONSULTANTS. The CITY will be liable for
all reproduction costs or written materials prepared by the CON-
SULTANTS in the conduct of the project.
E. It is understood that compensation to the SUBCONSULTANTS,
Frederick H. Bair, Jr., and Robert M. Leary, shall be paid by
Dr. Ernest R. Bartley and that the CITY shall not be obligated to
pay any compensation pursuant to this agreement to any person or
firm other than Dr. Ernest R. Bartley.
SECTION VI. WORK SCHEDULE.
The parties to this agreement having recognized that time
is of the essence, agree that the Administrative Manual and forms
required by Section III (B & C) of this agreement will be prepared
by no later. than 1 April 1983; provided, however, that the parties
may by mutual agreement extend this time for not to exceed fifteen
(15) days thereafter.
The CONSULTANTS will provide oversight as required by Section
III (D) for a period not to exceed beyond 1 September 1983;
provided, however, that if the funds provided by the CITY in this
agreements have not been expended by 1 September 1983, the over.-
sight date may he e::tended by mutual aCTrecment of the parties.
Should the funds provided by the CITY in this agreement be insu-c"i-
cient to provide CONSULTANT ovcrsicjht to September 1983, CO'1SUL-
TANT shall not be bound beyond a date correspondincl to that date
when total funds provided by the CITY under this agreement shall
have been e::pended.
SECTION VII. 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, CONSULTANT shall be paid for all WORK
performed prior to the date of his receipt of notice of termination.
Basis for payment shall be as set out in SECTION V, CO`dPENSATION
FOR SERVICES, above.
It is hereby understood by and between the CITY and the CC"'-
SULTA!:T that any payments made in accordance with this section
to the 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 the CITY
shall in no way be obligated and shall not pay to the CONSULTANT
any sum whatsoever.
In the event of termination, all documents, graphics, etc.,
as set forth in SECTION VIII, 00"NERSIIIP OF DOCULMENTS, shall become
the property of the CITY, subject to the provisions of Section
VIII.
er.('TTr)T,1 VTTT 0!-JMT?R.qTTTP nr DOCUMENTS.
All writings, diagrams, tracings, charts, schedules, and the
like developed by CONSULTANT under this agreement shall be delivered
to the CITY by CONSULTANT upon completion of the wor-,K and shall
become the property of the CITY, without restriction or limitation
on their use. The CONSULTANT retains the right to utilize language,
diagrams, and approaches -- together with explanatory materials --
in subsequent professional planning work they may do for other
units of local government in Florida or el-sewhere or for articles,
books, or monographs they may publish.
83---15- 7.-
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It is further understood by the parties that any information,
maps, documents, reports or other matter given by the CITz to
CONSULTANT pursuant to this agreement shall at all times remain
the property of the CITY and shall not be used for any other
purpose without the written consent of the CITY.
SECTION IX. MARD OF AGRF:E"•IENT.
The CONSULTANT warrants that he has not employed or retained
any company or persons to solicit or secure this agreement and that
he has not offered to pay 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 are aware of the conflict of interest
requirements of the City of ".Iiami (idiami City Code, Chapter 2,
Article V) and Dade County, Florida (Dade County Code, Sections
2-11.1) and agree that they will comply fully and in all respects
with the terms of these requirer.:ents.
SECTION X. Ai•IENDdENT.
This agreement may be amended only by written instrument
accomplished by the CITY and the COISULTANT.
SECTION XI. NON-DELEG70ILITY.
It is understood by the parties that the obligations to be-•
undertaken by the CONSULTANT pursuant to this agreement shall be
performed by the CONSULTANTS named and defined in Section II (C)
hereof, and that such obligations shall not be delegated 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.
SECTION XII. SUCCESSORS AND ASSIGNS.
This agreement shall be binding upon the parties hereto,
their heirs, executors, legal representatives, successors, and
assigns.
SECTION XIII. AUDIT RIGHTS.
The CITY reserves the right to audit the records of the CONSUL-
TANTS at any time during the performance of this agreement and for
a period of one year after final payment is made under this agreement.
83---1157,_
SECTION XIV. LIABILITY.
CO:dSULTA:,+T shall indei:,nify and hold the CITY harmless from
and against all claims, liabilities, losses, and causes of action
which may arise out of CONSULT::JT'S activities under this agreement,
including all acts or omissions to act on the part of CONSULTANTS
or any of them, including any person acting for one on his or their
behalf.
SECTION XV. RIGIIT OF DECISIONS.
All services shall be performed by the C014SULTANT to the
satisfaction of the Director of the Department of Planning, who
shall decide all questions, difficulties, and disputes of whatever
nature arising under this agreement, the prosecution and fulfillment
of the services hereunder, and the character, quality, amount,
and value thereof; and the Director's decisions upon all claims,
questions of fact, and dispute shall be conclusive and binding
upon the parties hereto, unless such determination is arbitrary
and unreasonable. In the event the CONSULTANT does not concur
in the judgement of tiZe Director of the Department of Planning
as to any decision made by him, CONSULTAP.TS shall present their
written objections and supporting materials to the CITY MANAGER,
with a copy to the Director; and the CONSULTANT shall abide by
the decision of the CITY MANAGER, except as provided in Section.
XVI below.
SECTION WI. ARBITRATION.
All claims, disputes, and other matters in question arising
out of or related to this agreement, including interpretation or
the breach thereof, shall be decided by arbitration in accordance
with the Arbitration Rules of the American Arbitration Association.
This agreement to so arbitrate shall be enforceable under prevail-
ing arbitration law.
SECTION XVII. NON-DISCRIMINATION PROVISION.
The CONSULTANT warrants that no person in the United States
shall, on grounds of race, color, creed, national origin, religion,
sex, marital status, or physical handicap be subjected to discrimi-
nation under this agreement and will immediately take any measures
to correct such discrimination and to ensure that such discrimina-
tion cannot occur in the future.
83---15 7,
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The CONSULTA:,T warrants that he will compl%7 with the iiousinr,
and Co,=unity De•,elop-ent Act of 1974, Section 109, with Title VI
of the Civil P.ic:hts Act of 1.974, Title VIII of the Civil Ri_:hts
Act of 1968, Executive Orders 11246 and 1105G and Sections 3 of the
housing and Urban Development Act of 19G8, Section 570.303(3)(1.).
T.ze CO.::�C:LTj.IT �,�arrants that he will comply with the provisions of
the Batch Act as amended January 1, 1975, which limits the political
activities of employees.
SECTION 1VIII. CONSTr%UCTIO,:.
The parties agree that this agreements shall be construed and
enforced accordincr to the laws (statutes and case law) of the State
of Florida and any applicable CITY ordinanee(s).
IN t• ITNESS WHEREOF, the parties have executed this agree:,,ent
on the day and near first set forth above:
',itnesses:
e &% 3 7,�,
TEST:
RALPH G. ONGIE, CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
_ It
io? �(^C �
JO,SE GARCIA-PEDROSA
CITY ATTORNEY
CONSULTA'_ T:
ER:EST R. BART E'i
CITY OF MIAMII, a municipal
corporation of the State of
Florida
BY: _
HOWARD V . GARY , CITY t•IANAGER
S3-10 %
77
48. A.Ui%:CRIZ-' MANAGER TO
EXP-'1,D ==TRACT WITH DR. :tSY
BA.RT.—`Y
:C��
ADDITICN.0 ?�IISICNS
I
TO BE INCCRFCAAT_ ,7 INTO TdE anATE
y G::I:iG
`.: .t...:
OpZiNANCE
•I~
M.r. Plu.:.r.er: Well, Dr. Bartley, I don't think I want you to go away yet.
Mr. Mayor, I would like to make a motion at this time that Dr. Bartley,
his contract be expanded to work with the Department on these grouping of
things that they're coming forth with, there is no one in my estimation in
fifteen years of doing zoning that knows any more than Dr. Bartley in the
entire State of Florida. This man is not only an expert recognized in
this state but in this nation and I would like to make a motion that that
contract be expanded to let hi:z work with the Department for this addi-
tional time.
Mr. Dawkins: I second the notion, and let it come out of Plum er's Com-us-
sion Budget.
Mayor Ferre: Further discussion on the amendment to Pluz-..er's budget?
Call the roll.
The following motion was introduced by Co;r:..issioner Plummer who moved its
adcotion:
MOTIC:J NO. a2-887
A MOT:C-N AUTHCRIZZING A:iD DIR CTI.NG T-H E CIT': bI QNAGER i0
NEGOTIATE XI EXPANSIC:I OF Tc:E CONTRACT WITH DR. EP-NE ST
BARTL-:Y FCR HIS CC:iTI::L-N D ASSISTANCE IN WITH
TIM ADC?TED CITY OF MIHMI CC'i:1''L ° :iSIVE zcllli,.G
AND X07 SPECIFICALLY, IN CC'-' ZCTIC:I WITH Tr.:.
GPZUPI::G OF AZO:TL ICNAL RBVISIC:15 Wlila-i :'.AY BE FiEQUIP.ED BY
SAID CR0I:1fl-1ICr.
Upon being seconded by Cc-missioner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Co.:�issioner Miller J. Dawkins
Com,missicner Demetrio Perez, Jr.
Co.^ussioner J. L. Plu-~per, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice-*Iayor Joe Carollo.
Dr. Bartley: Your generosity is most appreciated, J. L.
Mr. P1.--...er: Yes. Mr. Mayor, to the Department and to you, Dr. Bartley,
this new plan has a six-month implementation date. I surely hope, and I
hope I speak for the rest that this grouping that you're gaing to come
back with be done prior to the implementation date.
• Dr. Bartley: It has to be.
Mayor Ferre: All right, sir, thank you.
rt
92 S E? 2 31982
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