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HomeMy WebLinkAboutR-79-0829RESOLUTION NO. 79-829 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED CON- TRACT FOR PROFESSIONAL CONSULTANT SERVICES WITH DR. ERNEST R. BARTLEY IN CONNECTION WITH THE REVISION OF THE CITY'S COMPREHENSIVE ZONING ORDINANCE WITH FUNDING FOR SAID CONTRACT TO BE ALLOCATED FROM FIFTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN AN AMOUNT NOT TO EXCEED $30,000. WHEREAS, the City of Miami has previously engaged the services of Dr. Ernest R. Bartley, for planning con- sultant services leading to the adoption of Ordinance No. 8234, dated February 28, 1974, (City Code Chapter 62), which established the Planning Advisory Board and Zon- ing Board as separate entities; and WHEREAS, the City of Miami has adopted the Miami Comprehensive Neighborhood Plan with modifications by Resolution 77-430 dated May 12, 1977; and WHEREAS, Dr. Ernest R. Bartley and Bair, Aber- nathy and Associates, the land use control sub -consul- tants for the Miami Comprehensive Zoning Ordinance No. 6871; consistent with the land -use recommendations of the Miami Comprehensive Neighborhood Plan and "DOCUMENT INDEX nnI <-11 '✓ WHEREAS, the fifth year application for �irl1 yam"-`�� Development Block Grant funds submitted by the City of Miami to the U.S. Department of Housing and Urban Devel- opment (Resolution No. 79-98)dated February 22, 1979, identified Planning and Management Development as an eligible activity of which partial implementation of the Miami Comprehensive Neighborhood Plan through zoning is a part; and WHEREAS, the City of Miami desires to extend the sub -consultants' professional consulting services for land use controls for Dr. Ernest R. Bartley and MY COMMISSION MEETING OF DEC5 1979 _ION 79-829 ............... Bair, Abernathy and Associates to enable them to guide the public meeting and hearing process based on the proposed text, schedule of district regulations, and official zoning atlas that will replace Comprehensive Zoning Ordinance No. 6871, and to prepare revisions to the proposed zoning ordinance based on this public meeting and hearing process; and WHEREAS, Dr. Ernest R. Bartley and Bair, Abernathy and Associates are qualified to undertake this project and desire to perform these professional services under the direction of and for the account of the City; NOW, THEREFORE, BE IT RESOLVED BY THE COM- MISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby author- ized to execute the attached contract for pro- fessional consultant services with Dr. Ernest R. Bartley in connection with the revision of the City's Comprehensive Zoning Ordinance, with funding for said contract to be allocated from Fifth Year Community Development Block Grant Funds in an amount not to exceed $30,000. 1978. ATTEST: PASSED AND ADOPTED THIS 5th day of December Maurice A. Ferre- MAURICE A. FERRE, MAY O R :71 J RAL G . ONGIE CITY CL �? a f ~' WI' PREPARED AND APPROVED BY: � (Y()1,l �4 Xh� APPRO ' A' TO FORM AND CORRECTNESS: 79-829 AGREEMENT This agreement made this day of , 1979, 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". WITNESSETH THAT, WHEREAS, the City of Miami has previously engaged the services of Dr. Ernest R. Bartley for plan- ning consulting services leading to the adoption of the Ordinance #8234 dated February 28, 1974 (City Code Chapter 62) which established the Planning Advisory Board and Zoning Board as separate entities; and WHEREAS, the City of Miami has adopted the Miami Comprehensive Neighborhood Plan with modifica- tions by Resolution 77-430 dated May 12, 1977; and WHEREAS, Dr. Ernest R. Bartley and Bair, Abernathy and Associates, the land use control sub - consultants for the Miami Comprehensive Neighborhood Plan, completed their work on recommendations for comprehensive revisions to the Comprehensive Zoning Or- dinance #6871; consistent with the land -use recommen- dations of the Miami Comprehensive Neighborhood Plan; and WHEREAS, the fifth year application for Community Development Block Grant funds submitted by the City of Miami to the U.S. Department of Housing and Urban Devel- opment (Resolution No. 79-98) dated February 22, 1979, identified Planning as an eligible activity of which par- tial implementation of the Miami Comprehensive Neigh- borhood Plan through zoning is a part; and WHEREAS, the City of Miami desires to extend the sub -consultants' professional consulting services for land use controls to guide the public meeting and hearing DtOCUi, FN 7 FOLLOW" ''79-829 , i process based on the proposed text, schedule of dis- trict regulations, and official zoning atlas that will replace the Comprehensive Zoning Ordinance No. 6871; and to prepare revisions to the proposed zoning ordinance based on this meeting and hearing process; such work being partial implementation of the Miami Comprehen- sive Neighborhood Plan through zoning; and WHEREAS, Dr. Ernest R. Bartley and Bair, Abernathy and Associates are qualified to undertake this project and desire to perform these professional services under the direction of and for the account of the CITY: WHEREAS, the Miami City Commission by Resolu- tion dated authorized and directed by the City Manager and the City Clerk to negotiate and execute an agreement with Dr. Ernest R. Bartley for continued professional services to be rendered by him and by.Bair, Abernathy and Associates related to the comprehensive revision of the Comprehensive Zon- ing Ordinance No. 6871; NOW, THEREFORE, the CITY and the CONSULTANT for the considerations hereinafter set forth, do agree and covenant, one unto the other as follows: SECTION I. - GENERAL A. The CONSULTANT shall perform the pro- fessional services as hereinafterset forth; and B. The CITY shall pay the CONSULTANT a fee of $30,000 (thirty thousand dollars) for the performance of the work outlined herein. "SUPPORTIVE DOCUMEN FOLLOW" SECTION II. DEFINITIONS A. CITY The City of Miami, Florida B. CITY MANAGER - The City Manager of the City of Miami. C. CONSULTANT Dr. Ernest R. Bartley; SUB -CONSULTANTS - Bair, Abernathy and Associates, and Frederick H. Bair. CONSULTANTS - the CONSULTANT and the SUBCONSULTANTS or any of them. D. COUNTY - is hereby defined as Dade County, Florida E. PROJECT COORDINATOR - is hereby defined as Planning Director F. WORK - is hereby defined as the profes- sional and technical service to be rendered as provided by the CON- SULTANTS G. FIXED FEE - is hereby defined as the amount of money the CITY agrees to pay the CONSULTANT for those professional and techni- cal services required to com- plete the WORK as further de- fined in SECTION III. SCOPE OF PROFESSIONAL SERVICES hereto. H. PROPOSED COMPREHENSIVE ZONING ORDINANCE - is hereby defined as the proposed zoning text, schedule of dis- trict regulations, and official zoning atlas. SECTION III. - SCOPE OF PROFESSIONAL SERVICES The work to be performed by the CONSULTANTS shall have the objective of guiding the public meeting and hearing process based on the proposed text, schedule of district regulations, and official zoning atlas that will replace the Comprehensive Zoning Ordinance No. 6871, and to prepare revisions to the proposed zoning ordinance based on this meeting and hearing process for the. City of Miami. The parties to this agreement mutually recognized that such ordinance is one of several necessary in- struments for the implementation of the comprehensive planning program of the City of Miami and that such- zoning ordinance must be coordinated with, and be a tool in the accomplishment of, the aims and objectives of the Miami Comprehensive Neighborhood Plan. To that end and within the limitations of this fixed fee and SECTION V of this contract, CONSULTANT will per- form work within the following context and subject to the considerations set forth as follows: A. B. W � c . CL Q D. Meetings, Workshops and Hearings For purposes of direction, advice and consultation, the consultants will pre- pare a document that will provide a prog- ram and process to guide the workshops, meetings and public hearings with official citizens' groups and City Boards, and'to participate in this process as necessary to provide adequate guidance. Preparation of a Citizens Guide to the New Zoning Ordinance The CONSULTANTS shall prepare a guide to the new zoning ordinance that will provide comprehensive information on the proposed zoning ordinance in easily understood terminology for use by the general public. Consultation on the Proposed Official Zoning Atlas The CONSULTANT shall provide advice, over: - sight and consultation in the review and any necessary revisions of the proposed. official zoning atlas. Work with Planning Department In the course of revising the draft text, schedule of district regulations of the zoning ordinance and the official zoning atlas called for by this Agreement, the CONSULTANT will work closely with the City Department of Planning. L 1 C i = L. eL In recognition that liaison must be maintained between the City Department of Planning and the CONSULTANT during the course of fulfilling this Agreement, CON- SULTANT will spend sufficient man days in consultation on the project covered by this Agreement with the Director of Planning or a person or persons to be designated by him to complete the work. Times and places for such consultation shall be mutually determined by the Director of the Department of Planning and the CONSULTANT. At the option of the CONSULTANT, the Director shall make available to the CONSULTANT additional time for consultation with members of, the Department of Planning.If deemed necessary by the CITY and by the CONSUL- TANT, CONSULTANT agrees to spend sufficient' time in liaison with the City Commission, Planning Advisory Board, Zoning Board, or other official committees during any revision of the draft text, the schedule of district regulations, and the official zoningatlas called for under this Agree- ment. This provision is included for the purpose.. of permitting the CONSULTANT to have direct liaison with these CITY bodies. Six man days of this. Agreement shall be held in reserve for the accomplishment of work not specifically covered by this Agree- ment, or to meet situations not foreseen at the time this Agreement is executed. If these six (6) man days have not been utilized within six (6) months of the date of this Agreement, the six (6) reserve man days shall be reprogrammed for work under this Agreement. E. Revisions to the Text of the Zoning Ordinance and of the Schedule of District Regulations The CONSULTANTS shall assist in the prepara tion of reports to the Planning Advisory Board or City Commission and provide revised lan- guage for the text and schedule of district regulations where revisions are deemed nec- essary by the Planning Department, as a re- sult of meetings, workshops, and Public Hearings by City Boards, officers, agents or other official committees. F. Form of Draft Text and Responsibility for Reproduction The CONSULTANT will provide an edited read- able manuscript copy of any text revisions suitable for typing by CITY personnel on mag typewriter, and one copy each of dia- grams (camera-ready) to be incorporated in the text will be provided by CONSULTANT The CONSULTANT will proof final typing before the CITY undertakes reproduction. G. Form of Draft Schedule of District Regula- tions and Responsibility for Reproduction The CONSULTANT will provide a master copy of. any revised schedule of district regulations on miler. SECTION IV. - CITY'S SERVICES AND RESPONSIBILITIES The CITY shall furnish the CONSULTANT services as follows:. A. The Planning Director or person or persons to be designated by him will be available, for consultation periods as required. B. Atthe option of the CONSULTANT, additional consultation time will be available with members of the Planning Department. C. The Planning Department shall be responsible for all mapping work in connection with the official zoning atlas, and shall closely co- ordinate this task with the advice and con- sultation of the CONSULTANT. D. The Planning Department will make available to the CONSULTANT all information in its SUPPORTIVE DOCUMENTS FOLLOW" possession relating to the WORK; the CITY shall bear all reproduction costs for reproducing this information. E. The CITY assumes all responsibility for and the costs of reproduction of WORK documents in such quantities as it deems desirable, from edited readable manuscript and camera- ready diagrams to be supplied by the CON- SULTANT. F. The CONSULTANT shall be furnished eight (8) reproduced copies of all WORK documents at. no charge to the CONSULTANT. G. The Planning Director shall be responsible for arranging meetings with the City Com- mission, Planning Advisory Board, Zoning Board, or official committees as appro- priate after clearance with the CONSULTANT. SECTION V. - COMPENSATION FOR SERVICES For professional and technical services as authorized in SECTION III SCOPE OF PROFESSIONAL SERIVCES, the CITY agrees to pay the CONSULTANT A FIXED FEE of $30,000 (thirty -thousand dollars). Partial payments for the WORK shall be made as follows: A. CONSULTANT will submit monthly billings in triplicate, such billings to be made over the signature of Dr. Ernest'R. Bartley. Pay- • ment shall be made by the CITY within forty- five (45) days of receipt of such billings. Payments shall be made to Dr. Ernest R. Bartley, AIP. B. The amount of monthly billings due for the work performed to date shall be an amount calculated in accord with paragraphs C and D. below. C. CONSULTANT'S monthly billings will set out hours worked during the billing month at the rate of Three Hundred Fifty Dollars ($350) per eight (8) hour day for Fred- erick H. Bair, Jr., and Three Hundred Twenty - Five Dollars ($325) per eight (8) hour day for Ernest R. Bartley. A "man day" as used elsewhere in this Agreement shall mean eight (8) hours. D. The CITY shall not be liable for any transportation or living expenses of the CONSULTANT. The CITY will be liable for any professional expenses incident to the revision of the draft of the text and the schedule of district regulations such as drafting of necessary diagrams, physical preparation of the milar schedule, photo- graphic reduction of the schedule, and the like incurred by CONSULTANT. SECTION VI - WORK SCHEDULE A. CONSULTANT shall deliver the completed copy of the program and process for guid- ing the public meetings and hearings with official citizens groups and City Boards ;. no later than December 3, 1979. This shall be followed by the completed citizens guide to New Zoning Ordinance no later"SU ;pQRTIVE than January 11, 1980. DOCUMENTS B. WORKSHOP - From January 1979, through FOLLOW" April, 1980.; CONSULTANT shall guide and f participate with the following groups as necessary in series of workshops on the proposed Comprehensive Zoning Ordinance: 1. City and County staff 2. Zoning Board, Urban Development Review Board and Environmental Preservation Board. "SUFPORTPIF Onnf 3. Architects and Planners 4. Consumers and Citizens 5. Developers and Investors 6. Planning Advisory Board 7. City Commission C. Report and Revisions to the Proposed Zoning Ordinance Based on the Workshops In May, 1980, CONSULTANT shall assist in preparing a report on the results of the workshops identified in B above and prepare the necessary revisions to the Comprehen- sive Zoning Ordinance for public hearings to be held by the Planning Advisory Board. D. Planning Advisory Board Public Hearings During June, 1980, CONSULTANT shall parti- cipate in the public hearings to be held by the Planning Advisory Board at City Hall. E. Report and Revisions to the Proposed Zoning Ordinance Based on the Planning Ad- visory Board Public Hearings In July, 1980, CONSULTANT shall assist in preparing a report on the results of the Planning Advisory Public Hearings and pre- pare the necessary revisions to the Com- prehensive Zoning Ordinance for the Public Hearings to be held by the City Commission. F. City Commission Public Hearings During September, 1980, CONSULTANT shall'par- ticipate in the City Commission Public Hearings on the proposed comprehensive zoning or- dinance and prepare whatever revisions are required for final adoption of the proposed comprehensive zoning ordinance by the City Commission. It is understood that tasks as outlined generally above are to be coordinated with the Planning Department and, as they are completed, are to be submitted to the Planning i Department • for review. The CONSULTANT reserves the right to present at any time material on future tasks, not re- quired to be submitted at the given point of time. The Director of Planning and the CONSULTANT may mutually agree to changes in order of tasks set out generally above and to the alteration of time requirements. It is further agreed that the CONSULTANT will aid the Planning Department within the limits of this contract in maintaining the integrity and operative character of the existing zoning ordinance during the period covered by this Agreement. 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, 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. Basis for payment shall be as set out in SECTION V COMPENSATION FOR SERVICES above. In no case, however, will the. CITY pay the CONSULTANT an amount in excess of the total sum provided by this Agreement. It is understood` that the SUBCONSULTANTS' compensation (including that of Frederick H. Bair, Jr.) shall be paid by the CONSULTANT 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. 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 ob- ligated and shall not pay to the CONSULTANT any sum whatsoever. In the event etc., as set shall become of termination, all documents, graphics`, forth in SECTION VIII OWNERSHIP OF DOCUMENTS the property of the CITY, subject to the provisions of SECTION VIII. SECTION VIII. - 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. The CON- SULTANT retains the right to utilize language, diagrams, and approaches --together with explanatory materials - in subsequent ordinances they may develop for other local governments in Florida or elsewhere orfor articles, books, monographs they may publish It is, further understood by and between the parties that any information, 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 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, com- mission, 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) and Dade County, Florida (Dade County Code, Section 2-11.1) and agree that they will fully comply in all respects with the terms of said laws. SECTION X. - NON-DELEGABILITY It is understood and agreed that the obligations undertaken by the CONSULTANT pursuant to this Agree- ment shall be performed by the CONSULTANTS names and defined in SECTION II (C) hereof, and that such obli- gations 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 hereon, their heirs, executors, legal representatives, successors, and assigns. SECTION XIII. - AUDIT RIGHTS The CITY reserves the right to audit the records of the CONSULTANTS at any time during the performance of this Agreement and for a period of one year after final pay- ment is made under this Agreement. SECTION XIV. LIABILITY 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 CONSULTANTS ac- tivities under this contract, including all acts of omis- sions to act on the part of CONSULTANTS or any of them, including any person acting for one on his or their behalf.' SECTION XV. - RIGHT OF DECISIONS All services shall be performed by the CONSULTANT to the satisfaction of the Director of the Department of Planning, who shall decide all questions, difficulties, and disputes of whatever nature arising out of this Agreement, the prose- cution 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 disputes shall be conclusive and binding upon the parties hereto, unless such determination is arbitrary and 79- 8 29 unreasonable. In the event the CONSULTANT does not concur in.the judgement of the Director of the Depart- ment of Planning as to any decision made by him, they shall present their written objections to the CITY MANAGER, with a copy to the Director of the Department of Planning; and the CONSULTANT shall abide by the decision of the CITY MANAGER, except as provided in SECTION XVI below. SECTION XVI. - 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 specifically enforceable under prevailing arbitration laws. SECTION XVII. - NON-DISCRIMINATION PROVISION The CONSULTANT warrants that no person in the United States shall, on grounds of race, color, creed, national origin, sex, marital status or physical handicap be sub- jected to discrimination under this Agreement and will immediately take any measures to correct such discrimina- tion and to ensure that such discrimination cannot occur in the future. The CONSULTANT warrants that he will comply in accor- dance with the Housing and Community Development Act of LIA(I) 1974, Section 109, with Title VI of the Civil Rights .- .-_ k Acts of 1974, Title VIII of the Civil Rights Act of 1968, L;r u.13 Executive Orders 11246 and 1146 and Section 3 of the C._�' ,� Housing and Urban Development Act of 1968, Section 570.303(3) (1) . The CONSULTANT warrants that he will comply with the provisions of the Hatch Act as amended January 1, 1975 limits the political activities of employees. SECTION XVIII. - CONSTRUCTION The parties agree that this Agreement shall be con- strued and enforced according to the laws (statutes and which and case law) of the State of Florida and any ap- plicable City ordinance (s). IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above set forth: Signed, sealed, and delivered. in the presence of: Ernest R. Bartley The City of Miami (A municipal corporation of the State of Florida) City Manager Approved as to content: Approved as to form and correctness: Director, Dept of Planning City Attorney "SUPPORTIVE ti i Attest: City, Clerk Joseph R. Grassie City Manager Jim Reid, Director Planning Department ,, FEJ11214ci_S November 21, 1979 rit.F: New. Comprehensive Zoning Ordinance implementation Attached is a proposed contract and Resolution for pro- fessional services by Dr. Ernest Bartley and Mr. Frederick Bair on the public meeting and hearing process forthe proposed New Zoning Ordinance. Their services will provide guidance for the final step needed to implement the land use control objectives of the Miami Comprehensive Neighborhood Plan. Funds for their contract will be provided by the Fifth Year Community Development Block Grant. JR:GA:mb Encs.