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HomeMy WebLinkAboutR-82-0642i s n, Al 1 RESOLUTION NO. 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 22ND day of JULY , 1982. ATTE FIATTY HIRAI ACTING CITY CLERK PREPARED AND APPROVED BY: ;JO L E. MAXWELL A SISTANT CITY ATTORNEY A VED TO P14 ,A GEOJVE F. KNOX, JR. CIT'IJATTORNEY MAURICE A. FERRE MAURICE A. FERRE MAYOR CORRECTNESS: CITY COMMISSION MEETING OF JUL",1982 ,, wr L Y .... MUMNO...».......,....+.... 52� TO- Howard V. Gary City Manager F J set W. McManus cting Director Planning Department CIT% :;r i �O. JI ; f;`,iTEii•Qi�'F�C�', , � t�'_,'1;ei�!C7U!,1 July 8, 1982 Resolution Authorizing City Manager to Enter into an Agreement for a Consultant on the Heritage Conservation Project It is recommended that the attached resolution be adopted authorizing the City Manager to enter into an Agreement with Sarah E. Eaton for services as a Consultant in connection with the City of Miami's Heritage Conservation efforts, with funds therefor to be expended from 8th year CD. The Planning Department is undertaking a number of projects related to historic preservation to be funded as follows: $30,000 from 8th year CD and $40,000 from General Fund. This work requires considerably more man-hours than existing Planning Department staff can allocate and requires the spe- cialized training and expertise of a historian/ architectural historian. The proposed Agreement with Sarah E. Eaton will provide for full time services of a qualified person for a period of un to one year at a rate of $465.60 per week (not to exceed $18,229). Responsibilities will be as follows: evaluate the 2000-3000 sites in Miami documented by the Dade County Historic Survey; assist property owners and neighborhood organizations in applying for tax benefits and other preservation incentives; provide infor- mation on historic site impacts required for state and federally funded projects; provide research and documentation required for any sites nominated as heritage Conservation Zoning Districts; and work with community groups to improve awareness of Miami's historic resources and the available incentives for preservation. JWM 1 vb Attachment cc: Law Department C "— r• • 1 AGREEMENT s 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 consideration hereinafter set forth agree and covenant, one unto the other, as follows: A C. 99 SECTION I - DEFINITIONS CITY is hereby defined as the City of Miami, Florida CONSULTANT is hereby defined as SARAH E. EATON 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 domplete 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 benefits. The CONSULTANT shall advise the CITY and property owners on matters affected by federal regulations and guide- lines concerning historic sites and districts. 2 ". # * + rn LS Oat 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 - COIMPENSATION 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 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 CONSULTANT 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 CONSULTANT 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 0 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. r"l,,r` 4 .-N OW 'U.1~ 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. SECTION IX - AWARD OF AGREEMENT The CONSULTANTS warrant that she has not employed 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 (Hiami 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. �i �2�n +" 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 YI - 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 )erformance 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. SECTION XIV - CONFLICT OF INTEREST The CONSULTANT covenants that no person under her c 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. r, 63 SECTION X - CONSTRUCTION OF AGREMMENT 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. SECTION XIV - CONFLICT OF INTEREST The CONSULTANT covenants that no person under her i 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. Z#w r1 U . it ~ - 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 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 i 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 7 A 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. I14 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: Matty Hirai Acting City Clerk PREPARED AND APPROVED BY: Joel E. Maxwell Asst. City Attorney CONSULTANT SARAH E. EATON By: Sarah E. Eaton CITY OF MIAMI, a municipal Corporation of the State of Florida By: Howard V. Gary City Manager APPROVED AS TO FORM AND CORRECTNESS: George F. Knox, Jr. City Attorney U U* N 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 E y n "...,r` . --� AG. L'xI..