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HomeMy WebLinkAboutR-82-06594 RESOLUTION NO. 8 2-6 J _ A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT,IN SUBSTANTIALLY THE SAME FORM AS THE ATTACHED HERETO, WITH DELTA SYSTEMS CONSULTANTS, INCORPORATED, TO PERFORM POPULATION CENSUS STUDIES WITHIN THE CITY OF MIAMI AND RELATED TASKS CONCERNING MIAMI POPULATION UNDER -COUNT IN STATE AND FEDERAL CENSUS ESTIMATES, AND ALLOCATING AN AMOUNT NOT TO EXCEED $10,000 FROM THE CONTINGENT FUND TO COVER THE COST OF SUCH AN AGREEMENT. WHEREAS, the Federal Bureau of Census developed a population estimate within the City of Miami during the period of time when the attention of the community was directed towards the Cuban entrants resulting from the Mariel boat lift and the civil disturbance in the Liberty City area; and WHEREAS, as a result, the Census Bureau has estimated the population of the City of Miami at a figure less than the City officials believe to be correct; and WHEREAS, the City of Miami has filed a law suit against the United States Bureau of Census in hopes of achieving a more accurate population estimate; and WHEREAS, the City of Miami has contracted with Delta Systems Consultants, Incorporated, to do a professional census sample on Miami; and WHEREAS, said Consultants have determined that the federal census figures reflect a population under -count for Miami; and WHEREAS, the State of Florida has reduced the federal census figures for Miami by twenty-five percent (25%) of the Cuban and Haitian entrants who have been added to Miami's population as a result of Cuban and Haitian entrants coming to Miami; and WHEREAS, said population under -counts result in lower federal and state payments to the City of Miami from such sources as, but not limited to, federal revenue sharing, state revenue sharing, and the distribution of the one half cent (1-20 sales taxes to be collected in Dade County; and WHEREAS, the City of Miami needs to develop and implement a strategy that will convince the appropriate state and federal officials to utilize population counts for the City of Miami•that more properly reflect the number of people who live here; and CITY COMMISSION MEETING OF JUL2, 21982 Y e WHEREAS, it is appropriate for the City of Miami to utilize the same Consultants that determined the Miami population under -count in developing a strategy to overcome this under -count; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That the City Manager is hereby authorized to enter into a professional services agreement, in substantially the form attached hereto, with Delta Systems Consultants, Incorporated, 264 Alhambra Circle, Coral Gables, Florida 33134, to perform population census studies and related tasks concerning the Miami population under -count in state and federal census estimates. Section 2. There is hereby allocated an amount not to exceed $10,000 from the Contingent Fund for the purposes of covering the cost of said agreement. PASSED AND ADOPTED this 22ND day of JULY , 1982. ATTEST: i MATTY HIRAI ACTING CITY CLERK PREPARED AND APPROVED BY: ROBERT F.CA DEPUTY CITY ATTORNEY APPROVED AS TO FOND CORRECTNESS: Y4 Wl%VL I I�I.V/., v..• CITY ATT NEY -2- MAURICE A, FERRF. M A Y 0 R 82-F �'9 Howard V. Gary July 12, 1982 City Manager Census Consulting Services Relating to Overcoming State and Federal Census Estimate Undercounts ark Merrill Assistant to the City Manager Intergovernmental Affairs Memorandum of May 18, 1982 I recommend that the attached Resolution authorizing the City Manager to enter into a professional services agreement with Delta Systems Consultants, Incorporated, to perform population census studies that could overcome state and federal census undercounts in Miami, and allocating an amount not to exceed $10,000 from the Contingency Fund to cover the cost of these services. In a survey conducted in June of 1981, Delta Systems Consultants, Incorporated, identified a substantial population undercount in Miami. If the present state and federal population counts are permitted to go unchallenged, the City will lose substantial amounts of money to which the City of Miami would be otherwise entitled if a fair and accurate estimate were used in the distribution formulas. These revenue sources include federal revenue sharing, state revenue sharing, and the one-half percent (',`o) sales tax to be collected within Dade County. It is important that the City of Miami take whatever steps that are necessary to achieve a fair and accurate population estimate. In my memorandum to you dated May 18, 1982, attached, I outlined a strategy for responding to the Miami undercount problem. Essentially, this provides for completing three tasks which relate substantially to the state's methodology for determining sub -state population estimates. 1. Determine whether or not additional information can be obtained through the Florida Power & Light Company that would provide statistics useful to the state in establishing more current and accurate information relating to the number of electrical customers in Miami, which the state heavily relies on in determining the number of households. 2. Reviewing information that is developed through the City's Building Department andtestablish the best system of reporting new building occupancy, which is another statistic used in the state's methodology for determining the number of households. 82-650 TO: Howard V. Gary - 2 - DATE: July 12, 1982 FROM: Clark Merrill RE: Census Consulting Services Relating to Overcoming State and Federal Census Estimate Undercounts 3. Meet with the University of Florida representatives who develop the population estimates to determine what kind of information they would accept in determining a more accurate population estimate for the City of Miami. These tasks need to be achieved as soon as possible, as the state is now developing population estimates for Cities and Counties for April 1982. These new estimates will be used to determine the amount the City receives from the state revenue sharing and the one-half percent (Ii%) sales tax to be distributed within Dade County on the basis of population. In addition to this process, and at the same time, we need to be providing to the Federal Census Bureau, specific census data that we have been collecting for Miami through the Delta Systems Consultants' survey conducted in June of 1981 and recently updated. The Census Bureau has indicated an interest in reviewing new census data pertaining to the City of Miami for use in developing new population estimates for 1982 to be published in February of 1984. CM/mmm Encl. f z-(;j. Howard V. Gary City Manager lark Merrill Assistant to the City Manager Intergovernmental Affairs May 18, 1982 '.LE 1962 State Census Estimate The State of Florida is presently preparing their April 1, 1982 estimates of population in Florida's cities and counties. The cal- culations for these estimates are performed by the Population Pro- gram, Bureau of Economic and Business Research of the University of Florida in Gainesville under contract with the Office of Planning and Budgeting of the State of Florida. The results of these estimates will be used in the revenue distri- bution from the 1/2C sales tax recently passed by the Legislature and the distribution of the 1983-84 State Revenue Sharing. There will not be any updating of local government census estimates by the U. S. Bureau of Census until 1982, with the results to be pub- lished in February of 1984. Any attempt to increase our State census estimate should be initiated now. We need to approach this project on a professional level, using skilled technicians who are expert in the technology and methodology of developing census data. Using the proper approach we may be able to convince the State to reconsider the low population per household figure they applied to Miami in 1981 (2.54 versus 2.94 that resulted from our consultant's 1981 population survey). The City contracted with Delta Systems Consultants, Inc. to prepare technical data in support of: the City's law suit against the U. S. Bureau of Census challenging the 1980 Census estimate for Miami (346,865). Our consultants conducted a 1,500 household survey in 1981 and found the Miami household population to be approximately 15 percent higher than the U. S. Census Bureau estimate of 1980. (399,950). The State's census estimators have indicated an interest in consid- ering new information that could substantiate a more accurate popula- tion figure for Miami., Attached are several letters relating to this interest. I would like to be able to respond to Dr. Stanley Smith's invitation to supply supportive data in order to convince the State to more accurately calculate their 1982 population estimate for Miami. To accomplish this, we will need to expand our contract with Delta Systems to include services to the administration as well as the law department. Delta Systems has requested a fee of $1,000 to respond 82-65� TO: Fio�-,ard V. Gary page 2 DATE: May 18, 1982 FROM: Clark Merrill RE: 1982 State Census Estimate to Dr. Smith's letter of March 18, 1982 requesting such information. This fee is necessary due to the technical nature of the informa- tion to be provided. I recommend that we expand their present con- tract with the City to provide these services and authorize a payment of $1,000 from the unexpended portion of the existing appropriation. I also recommend that we request authorization for up to $10,000 to provide for additional census consulting services that will allow the City to demonstrate an undercount of the State's population estimate. There is very little time before the final State figures will be established. As in the past, the City will have an opportunity to dispute the State's estimates in June or July. In August the final estimates will probably be ready to apply to the 1/2� sales tax dis- tribution formula. An undercount this year will be very costly to Mia-,;,i. in FY 1982-83. The following are three areas where the census consultant can be helpful in developing a response to the Miami undercount problem: 1. Meeting with Florida Power & Light to develop a program to reduce the number of single e ectric meters serving multi -family buildings. (The State uses the number of residential customers reported by Florida Power & Light in March of each year to calculate the number of house- holds in Miami. This is an important factor in the State's population estimate formula.) 2. Meeting with the City's Building Department to review and develop the best possible system of reporting new building occupancy. The State has indicated that they will accept certain valid figures on new unit occupancy and add it to the number of Miami households. This is important statistical data that could increase our pop- ulation count. 3. Meeting with the University of Florida officials in Gainesville who de ve op t e City popu ation estimates to develop an acceptable approach to provide the State with the necessary data that would more accurately re- flect Miami's estimated population. With your approval, I will draft the necessary resolutions for the next Commission meeting to extend the contract with Delta Systems Consultants, Inc, and coordinate the City's effort to accomplish the above described goals. There is approximately $2,000 remaining in the April 9, 1981 allocation for Delta Systems that might be used to begin this process immediately. That allocation was for assistance -- to the law department in their law suit challenging the 1980 Census. CIM/ah Date: Approve • 82--fi i �� r PROFESSIONAL SERVICES AGREEMENT This Agreement entered into as of the day of , 1982, by and between the City of Miami, a municipal corporation of Dade County, Florida, hereinafter referred to as "CITY" and Delta Systems Consultants, Inc., 264 Alhambra Circle, Coral Gables, Florida 33134, hereinafter referred to as "CONSULTANT". W I T N E S S E T H: WHEREAS, the distribution of federal and state funds to local governments are often tied to a formula which includes population; and WHEREAS, an undercount of the City of Miami's population can result in the loss of several hundred thousand dollars in federal and state revenue per year depending upon the extent of the undercount; and WHEREAS, the CONSULTANT is currently providing professional statistical consulting services to the CITY in connection with the 1980 Decennial Census Litigation under an agreement executed by the two (2) parties on May 19, 1981; and WHEREAS, the development of population figures to be used by the State of Florida in the distribution of certain revenues is the responsibility of the University of Florida, Population Program, Bureau of Economic and Business Research, which is under contract with the Office of Planning and Budgeting of the State of Florida to prepare the aforementioned population estimates; and WHEREAS, the CONSULTANT has reviewed the methodology used by the University of Florida in arriving at Miami's 1981 population estimate of 387,357 and has questions concerning some of the assumptions made in the methodology; and WHEREAS, the CONSULTANT has performed a sample of households and has estimated Miami's 1981 population revised on July 15, 1982, to be 439,014; and WHEREAS, the CITY is desirous of obtaining the services of the CONSULTANT to assist the State of Florida in using a more appropriate estimate of Miami's population and the CONSULTANT is desirous of providing such services; and WHEREAS, the City Commission adopted Resolution No. on the 22nd Day of July, 1982, authorizing the City Manager to execute an agreement with the CONSULTANT to perform such services and further authorizing the expenditure of up to $10.000 to carry out the agreement; 82-651. - C NOW, THEREFORE, the CITY and the CONSULTANT agree as follows: 1. TERM This Agreement shall commence as of the date of execution and shall terminate upon completion of the tasks enumerated in Section 2 of this Agreement. 2. BASIC SERVICES (a) The CONSULTANT shall develop procedures for making population estimates for the City of Miami in conjunction with the University of Florida's Division of Population Studies, which will reflect more accurately the population of the CITY. The activities to be carried out by the CONSULTANT shall consist of, but not be limited to, the following: (1) Meeting with Florida Power and Light to develop a program to reduce the number of single electric meters serving multi- family buildings. (The State uses the number of residential customers reported by Florida Power and Light in March of each year to calculate the number of households in Miami. This is an important factor in the State's population estimate formula. (2) Meeting with the CITY's Building Department to review and develop the best possible system of reporting new building occupancy. The State has indicated that they will accept certain valid figures on new unit occupancy and add it to the number of Miami households. This is important statistical data that could increase our population count. (3) Meeting with the University of Florida officials in Gainesville who develop the City population estimates to develop an acceptable approach to provide the State with the necessary data that would more accurately reflect Miami's estimated population. (b) The CONSULTANT shall prepare and present the data collected under Section 2 (a) of this Agreement in such a manner that it could be used for discussions with the United States Bureau of the Census relating to estimates of the CITY's population. Also, the CONSULTANT shall study the federal requirements for conducting a Special population Census by the United States Bureau of the Census and make recommendations to the CITY on the feasibility of contracting with the Bureau to conduct such a Census. -2- $2--65:1. . C �C' 0 (c) It is understood and agreed that this Agreement for services is in addition to two (2) other Agreements between the parties pursuant to Resolution No. 80-896 and Resolution No. 81-308, and that the CONSULTANT shall continue to perform the services under those Agreements separate and apart from performance under this Agreement. 3. COMPENSATION (a) The CITY shall pay the CONSULTANT, as compensation for the services required pursuant to Paragraph 2 hereof, a fee up to Ten Thousand Dollars ($10,000) to be calculated and billed at a rate of Fifty Dollars ($50.00) per hour. (b) Such fee shall be paid upon submission by the CONSULTANT of monthly billings; such billings shall be paid within forty-five (45) days of submission. The CITY shall have the right to review and audit the time records and related records of the CONSULTANT pertaining to any such billings. (c) The CONSULTANT and the CITY hereby agree that the maximum amount payable under this contract shall not exceed Ten Thousand Dollars ($10,000) and that any party may immediately and at any time terminate this Agreement when the costs hereinabove reaches Ten Thousand Dollars ($10,000). 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 CONSULTANT who shall be paid for all WORK performed prior to the date of his receipt of the notice of termination. In no case, however, will the CITY pay the CONSULTANT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the CONSULTANT that any payment 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. 5. GENERAL CONDITIONS (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. -3- 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 on 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 Agreement and any terms or conditions contained in other 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 made in writing. 6. OWNERSHIP OF DOCUMENTS All writings, diagrams, tracing, charts, and schedules developed by CONSULTANT under this Agreement, shall be delivered 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 generated pursuant to this contractual relationship between the CITY and CONSULTANT shall be subject to all provisions of the Public Records Law, 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. 7. AWARD OF AGREEMENT The CONSULTANTS warrant that they have 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 are 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 agree that they will fully comply in all respects with the terms of said laws. -4- 82-650 8. NON-DELEGABILITY It is understood and agreed that the obligations undertaken by the CONSULTANT pursuant to this Agreement 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. 9. 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. 10. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties hereon, their heirs, executors, legal representatives, successors, and assigns. 11. 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. 12. 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 of omissions to act on the part of the CONSULTANTS or any of them, including any person acting for or on his or their behalf. 13. CONFLICT OF INTEREST The CONSULTANT, in the performance of this Agreement, shall be subject _l to all laws and/or guidelines regarding conflict of interest promulgated by Federal, State or Local government. The CONSULTANT covenants that no person presently under its employ or who exercises any functions or responsibilities or any person who will be employed in the future in connection with this Agreement has any financial interests, direct or indirect, in this Agreement. The CONSULTANT further covenants that, in the performance of this Agreement, no person having any conflicting interest shall be employed. Any violations of Federal, State or Local Government laws and/or guidelines regarding conflict of interest on the part of the CONSULTANT or its employees, will be considered a material breach of the contract and will relieve the CITY of its obligation to compensate CONSULTANT for its services. .5- 82•-65 wi 4'\ V� 8. NON-DELEGABILITY It is understood and agreed that the obligations undertaken by the CONSULTANT pursuant to this Agreement 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. 9. 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. 10. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties hereon, their heirs, executors, legal representatives, successors, and assigns. 11. 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. 12. 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 of omissions to act on the part of the CONSULTANTS or any of them, including any person acting for or on his or their behalf. 13. CONFLICT OF INTEREST The CONSULTANT, in the performance of this Agreement, shall be subject to all laws and/or guidelines regarding conflict of interest promulgated by Federal, State or Local government. The CONSULTANT covenants that no person presently under its employ or who exercises any functions or responsibilities or any person who will be employed in the future in connection with this Agreement has any financial interests, direct or indirect, in this Agreement. The CONSULTANT further covenants that, in the performance of this Agreement, no person having any conflicting interest shall be employed. Any violations of Federal, State or Local Government laws and/or guidelines regarding conflict of interest on the part of the CONSULTANT or its employees, will be considered a material breach of the contract and will relieve the CITY of its obligation to compensate CONSULTANT for its services. -5- 82-Eli:1 ` `1 14. INDEPENDENT CONTRACTOR That the CONSULTANTS 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. 15. 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. 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: Attest: APPROVED AS TO FORM AND CORRECTNESS: CONSULTANT DELTA SYSTEMS CONSULTANTS, INC. By: JOSEPR L. WILLARD, President (SEAL) CITY OF MIAMI, a minicipal corporation of the State of Florida By: City Manager CITYGATTORNEYX' -6- A F F I D A V I T City of Miami Department of Law 174 East Flagler Street Miami, Florida 33131 TO WHOM IT MAY CONCERN: This is to certify that Joseph L. Willard is authorized to sign contracts on behalf of Delta Systems Consultants, Inc. as its duly sworn (President) and is empowered to make and sign contracts and agreements binding Delta Systems Consultants, Inc. to any contracts and agreements with the City of Miami. Name - Title: Joseph L. Willard, President Name of Corporation Address of Corporation Delta Systems Consultants, Inc. 264 Alhambra Circle Coral Gables, Florida 33134 Sworn to and subscribed to before me this day of 1982. Notary Public