HomeMy WebLinkAboutR-79-0598RESOLUTION NO. 7 9 III 5 9 8
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO APPROVE THE ATTACHED AMENDMENT TO
CONTRACT FL-09-0038 BETWEEN DADE COUNTY
AND THE CITY OF MIAMI FOR STATION AREA
DESIGN AND DEVELOPMENT PLANNING SERVICES
RENDERED BY THE PLANNING DEPARTMENT, EXTEND-
ING THE PERIOD OF PERFORMANCE FROM 9/1/77 TO
9/30/79 AND INCREASING THE CONTRACT AMOUNT
TO $211,000.
, : , ' , • -
WHEREAS, on Decemher.-,:74 1977,.the City of Niami and
Dade County entered into a contract for Station Area Design
and Development planning services to be provided by the Plan-
ning Departinent for a fixed fee paid to the City of Miami by
Dade County for the period from September 1, 1977 to Septem-
1).r(1,:'19TRi'*1.:6h wassubsequently extended to December 31,
1978;.-andWHEREAS, during the performance of the Scope of Services
under the Contract, changes in the conditions of the Contract
have been recognized as being necessary to proper performance
of
WHEREAS, the partie
changes require amendment of the Contract to extend the period
of performance of the Contract to September 30, 1979; and
WHEREAS, on January 16, 1979, Dade County authorized, by
lttert::cly,tci-,,irit,I,-r.„,•,c9ss:•re1,a,t74.2'o-8ation Area Design
andyDevel:OPMent•-planning"fo7:a-Iiio4iyheg1nning January 1, 1979;
• ,,• :••, - - <
NOW, THEREFORE,•BB--:IT'RESOLVED:,By,-•THE COMMISSION OF THE
"DOCUMENT N E
. •
CITY, OF MIAMI, - -
Section 1. Msnagerfja-:_hereby authorized to
ITEM NO. (
•
6,,,,ote.:4e,tt4clied'amOn4mPht:;0=0 Contract FL-09-0038 between
Dade Connty,.and--the-:City-Of.:Miami for - Station Area Design and
- _ -
Del:reioOMeniAjlanningseri74.ces to be rendered by the Planning
_ _ _ - • -
DetiartMent extending the period of performance from S
• -
ber 1, 1977 to September '30.4 1019,..'and:-incroaaingythe:COntract
. .
amount to $211,000.
I
CITY COMMISSION
MEETING OF
SEP •3 .
noun=
PASSED AND ADOPTED this 13th day of September"`
1979..
ATTEST:
PREPARED AND APPROVED BY:
ioe
ROBERT F. CLARK, ASSISet-4-4/C
ANTY ATTORNEY
APPROVED ` 0 FORM AND CORRECTNESS:
• _
79-598
Joseph R. Grassie
City Manager
Jim Reid, Director
Planning Department
NT!:
August 17, 1979
USJ EC T:
REFER ENCtES:
NCLOSUR
This -is to request Commission adoption of the attached resolution 'authorizing
the City Manager's office to execute an extension to the contract between
Dade County and the City of Miami for professional services under the Station
Area Design and Development Program (SADD). On December 7, 1977 the City of
Miami and Dade County entered into a contract for SADD planning services which
was subsequently extended to December 31, 1978, for a total fee paid to the
City of $120,000.00.
ThiscontraCt.:-aMendMentWilleXendtheperiod Of performancejrom:.-DCeMbr, •
31, :1978--,td:SepteMber::',30;:-.1979Zndincrease'the,,amoUnt-of compensation to
•
the City bY:$914000.-004t0„atOtal',Of'.$211APO.OQ.::
The city.,basA.nC4tt04:StibOtantial.eXPenseS..-,,since',:JanUATT,',:: stof,,,,this..year due
to tha several station area planning programs conducted by the Planning Depart -
mentaS.,pait:Of-:.SADDThip:'•:COntrad:extensibniWI.I1prmit,::-.,the'„County to •
reiMbu00--*#0,-/-4:J0:46•11-0thOse''Co*te-''whithWere'.::„aUthdriZedThy the attached
letterOf-r,Januaiy .18; 1.979--IrOMDade
„. - - •
79 - OR
PROFESSIONAL SERVICES CONTRACT
STATION AREA DESIGN AND DEVELOPMENT PROGRA:g
AMENDMENT NO.2
This CONTRACT AMENDHENT, made and entered in. this
by and between METROPOLITAN DADE COUNTY, FLORIDA (herein called "COUNTY"),.
and the CITY OF MIAMI, FLORIDA (herein called "CONTRACTOR").
WHEREAS, the Metropolitan Dade County Board of County Commissioners did
approve the grant application to the Urban Mas. Transportatio
sn.Administration
(UMTA) for FL-09-0038 and subsequent Amendments; and authorized -the County
Manager to submit the grant application for and on behalf of Dade County, and
to expend the funds received thereof; and
WHEREAS, the United States Department of,,Transportation,`Urban Mass,Transporta-
tion Administration has approved a,. Mass.Tranaportation Technical Assistance
grant for UMTA contract No. FL-09-0038 dated: September:5, 1977,"whereby UMTA
has agreed to pay up to eighty percent (80%) of the costs. incurred; during the
performance of the Station Area Design and -Development' (SADD);` study; . and
WHEREAS, the COUNTY and the CONTRACTOR. entered into a Contract, effective the
1st of September, 1977, for performance of station area desigri and development
services in support of the Station Area Design and Development program for the
State I Rapid Transit System of Dade County; and
WHEREAS, during the perforMance.ofthe ScoPeof Services under the,Contract
changes in the conditions of the Contract have.been recognized as
';being
necessary to proper performance of the services,,and'
WHEREAS, the parties ofthe Contract agree that the above
ment of the Contract,
NOW,
•
changes,
require amend -
THEREFORE, the parties hereto' do mutually agree as follows
The contract between METROPOLITAN,>DADE,COUNTY and the, CONTRACTOR,
approves by,Resolution :No R-829-77 and previously amended;by
Resolution No. R-347-79,;shall .:be.and `'is hereby amended as follows:
A ▪ Period of Performance is hereby amended >to""read
PERIOD: SEPTEMBER 1, 1977 to SEPTEMBER 30,.1979
• Amount of Contract is hereby amended to read:
AMOUNT: $ 211,000.00
Article III of the Contract is hereby deleted in its entirety an
replaced by the following amended text:
ARTICLE III COMPENSATION
3.1 For the performance of the Services,
the Contractor as follows:
the County shall compensate
3.1.1 The costs thereof determined by the County to be allowable
inaccordance with:
(a)
Subpart 1-15.7 (Grants and Contracts with;State an
Local Governments) of,the Federal Procurement
Regulation as in effect on the'date of this. contract;and
(b) The terms of this Contract,
79-598
3.1.1.1 DIRECT SALARIES AND WAGES
Alldirect salaries and wages of the ContractOr'S
personnel (excluding fringe benefits) for the time
expended by such personnel in theperformance of
Services shall specifically -exclude overtime; premium
pay. All reimburseable overtime work, whether or not
payment of a premium rate for overtime is required, '';
shall be authorized in writing. by the cognizant official
of the Contractor and is subject to prior written 'approv-
.al by the County.
INDIRECT EXPENSES
Fringe Benefits - An`allowance'of 30 % of total
salaries and wages included in 3.1.1.1 above. The::
allowance includes payments to employees for.autho,
rized absences and employee benefits in the form of
employer's contributions on expenses for social
security, employees life and health insurance plans,
unemployment insurance coverage, workmen's compen
sation insurance, pension plans, and severance pay.
. Standard Indirect Rate - An allowance of`10% of total.
salaries and wages included in;3.1.1.1 above to,cover
all indirect costs`(exclus"ive;`of fringe benefits
included in a. above). ',.
3.1.1:3 OTHER' DIRECT COSTS
All other direct costs" which -are reasonable,: necessary,
and directly."related to the performance of the Services.
Other cost considerations.are'as
•
(1);Any purchase :of a single item excess.,of`$500 shall
require prior written approval by,the County.
Travel and subsistence, expenses` will. be; subject to the
limitations of Dade. County Administrative orders 6-1
.and :6-3 and ,Section 112.061, Florida Statute's.
travel` of personnel performing'work" is'`subject to
rior written approval by the. County.
(3);."General purpose equipment, unless.especifically autho-
rized in writing by the. County, will not be.considered
as a direct charge to the Contract and is recoverable
through the standard overhead rate in 3.1.1.2b above.
(4) The procurement of special equipment must have prior.
written approval by the County.
3.2 CEILINGS AND OVERRUNS
'The total compensation to be paid to the Contractor by the County on
account of the Services as provided for in Section 3.1 shall not
exceed the amount of TWO HUNDRED AND ELEVEN THOUSAND DOLLARS_'_
($211,000.00 ) except to the extent said amount is increased by
written amendment to this contract. Said amount, as it may be.
increased by written amendment, is sometimes referred to in this
Contract as the"Contract Ceiling".
Similarly, the total compensation to be paid to the Contractor on
account of the scrvices required under any Work Order provided for
in Section 3.1 shall not exceed the Work Order Ceiling applicable
to said Work Order.
The Contractor shall'. notbe obligated to perform Services or to incur
costs which would cause its total compensation under this contract to
exceed the Contract Ceiling nor shall the County be obligated to
reimburse the Contractor for cost which would cause the total
compensation paid to the Contrator to exceed the Contract
i 11111111111111111111,11111111111.11
Ceiling. In the event the Contractor provides Services or incurs
costs which would cause its compensation to exceed the Contract
Ceiling and said ceiling is thereafter increased by the County,
the excess compensation shall be eligible for payment by the County
to the same extent as if the Service pr costs causing such excess
had been performed or incurred subsequent to the increase in the
ceiling.
If at any time the Contractor has reason to believe that the costs
which he expects to incur in the performance of this contract in
the next succeeding 60days, when added to all costs previously
incurred will exceed 75 percent of the total amount of the contract,
the Contractor shall immediately notify the County in writing to
that fact. The notice shall state the estimated amount of additional
compensation required to continue performance for the period
ending September 30, 1979.
Sixty days prior to the end of the period ending September 30, 1979,
the Contractor will advise the County in writing as to the estimated
amount of additional compensation, if ally, that will be required
for the timely performance' of the work under the contract.
Changes issued by the County: pursuant to Paragraph 4.8 hereof shall
not constitute authorizations by the County';to exceed the Contract
Ceiling except to the extent'. that, provisions to such effect are set
forth insaid changes.
3.3 METHOD OF PAYMENT
Thecompensation provided for in Section 3.1
County to the Contractor as follows, subject
Section 3.2.
3.3.1
3.3.`2
shall be paid by the
to the provisions of
The Contractor, shall submit monthly invoices to the County
for the compensation provided in Paragraph 3.1.1. Each
such monthly invoice shall cover the reimbursable costs
and expenses incurred and recorded on the books of the
contractor during the preceding month. Each such invoice
shall be in such form and detail as the County may reasonably
require and shall be due and payable by the County,condi-
tionally pending audit review and within thirty (30) days
after receipt by the County.
All compensation provided in Section 3.1 which remains
unpaid after Final Acceptance of theServices by the County,
shall be paid to the_; Contractor' by the County, as adjusted
for audit results, within thirty;(30) days :'after, Final Audit
by the' authorized representatives of,the;County.'.
.4 FINANCIAL- RECORDS
3.4.1
.1 The Contractor shall maintajn books, records, documents and
other evidence and accounting procedures and practices,
sufficient to reflect properly all direct and indirect costs
of whatever nature claimed to have been incurred and antici—
pated to be incurred for the performance of this contract
until the expiration of three (3) years frotn the date of
final payment underthis contract. The system of accounting
will be in accordance with generally accepted accounting
principles and practices, consistently applied.
3.4.2 The Contractor shall permit the authorized representatives of
the County, the State of Florida, the U.S.` Department of
Transportation and the Comptroller of the United States to
inspect and audit all books, records, documents and other
supporting data and documentation relating to its performance
under the contract. These rights of audit'. shall extendfor
a period of three (3) years following.: final payment under
this contract.
iuIIIuI
79-598
3.4.3
In the event funds paid to the Contractor under this
contract are subsequently properly disallowed by the
County, or a State or Federal Agency because of account-
ing error or charges not in conformity with this contract,
the Contractor shall refund such disallowed amounts to
the County promptly.
3.4.4 If the contract is completed or partially terminated,
the records relating to the'work terminated shall be
preserved and made available for a period of three (3)
years from the date of any resulting final settlement.
Records which relate to appeals, litigation or the.
settlement of claims arising out of the performance of
this contract, or costs and expenses of this contract
to which exception has been taken by the County or any
of its duly authorized representatives, shall be retained
until the -expiration of three (3) years from the date of
final payment under this contract or until such appeals,
litigation, claims or exceptions have been disposed of,
whichever occurs later.
Article IV of the Contract is hereby deleted in
by the following amended text:
ARTICLE IV - GENERAL PROVISIONS
RESPONSIBILITY OF THE CONTRACTOR
replaced
4.0.1 With respect tothe performance of. the. Services, the Contrac-
tor shall exercise that degree of skill, care and diligence
normally exercised by recognized Professionals with respect
to the performance of comparable Services.
40.2 In its performance of the services, the Contractor:
-Shall comply with ill,.aand ordinances, in-
cluding.ap'plicable-regulations of the County, State and.
Federal: Governments.
-Shall observe all relevant and pertinent governmental,
regulations," including those in the current FPR subpart,
,1-15.2 and the UMTA External Operating Manual.
4.1 DATA TO BE`FURNISHED TO THE CONTRACTOR
The County shall furnish - to the'Contractor at his request, -`and
in a timely manner, all pertinent plans,_reports .records,inaps`
and_ supporting' data which are and which shall become: available.'' to
.the County and which"the Contractor may. require'-in.performance of
the Services.
2 PERSONNEL.
4.2.1 If requested by the County',. the Contractor shall submit to
the County the qualifications of all personnel performing
Services under this Contract.
The County reserves the right to direct the Contractor to
remove and reject nomination of any of its personnel from
the performance of the Services under this Contract:. If.
such removal is for cause, the costs shall be borne by the
Contractor
4.3 TIME OF PERFORMANCE
4.3.1 Duration
The Contractor shall perform the Services with
due;diligence
and shall complete the Services within the period of the
Contract. In the event that performance of the Services is
delayed by causes beyond the reasonable control of the Con-
tractor and without the fault or negligence of the Contrac-
tor, the time and additional costs incurred for performance
of the Services shall be equitably adjusted to reflect the
extent of such delay.
Notice to Proceed
The Contractor shall proceed with the work only upon the
Contractor's receipt of written: Notice to. Proceed;', from the
County. The Notice to Proceed shall state what portion of
the Services the Contractor is authorized to perform.
PROGRESS REPORT
The;County shall be entitled all times to be'advised, at
its request, as to the status`ofwork being done by the
Contractor and of details thereof. The closest collaboration
and` cooperation shall be maintained by the Contractor with
representatives of the County and either party to the
contract may request and be granted a conference.
.4.2•The Contractor shall also submit quarterly progress reports
pertaining to Affirmative Action to the County no later than
the fifth working day following the end of'the quarter. The
following reports shall be submitted quarterly on forms
provided by the County:
- EEO Employment Data Statistics (new hires, transfers,
terminations, promotions).
- Workforce Composition.
- Minority/Female Employment Recruitment Efforts.
- Minority Business Enterprise Utilization Report.
- Minority Business Enterprise Identification and Recruitment
Efforts.
OWERSHIP OF DOCUMENTS AND EQUIPMENT
4.5.1 All finished and unfinished documents,., data, studies, surveys,
drawings, specifications, maps, photographs, reports, books
and estimates gathered or prepared for or by the Contractor
pursuant to this Contract shall be the property of the County
without restriction or limitation on their use. Original
copies of such shall be delivered by the Contractor to the
County upon final acceptance of within 60 days after termination
of the Services. The Contractor shall be permitted to retain,
at its own cost, copies of such items for its records; however,
publication of this material is subject to the written approval
of the County.
4.5.2;Tangible items of nonconsumed;,equipment,materials, supplies
and furnishings purchased by the Contractor the costs''of
which have. been,. reimbursed to the Contractor `as a, direct
cost pursuant to.Section'3.1 shall be, turned over `to the
County at completion'or earlier termination of the.Services
disposed,; of as directed. by the County and the proceeds°of any
1.such.disPOsal shall:be credited to the County.
FINAL -ACCEPTANCE
When the Contractor's services have been completed, the Contractor
shall so advise the County in writing. Within thirty (30) days of
receipt of such notice, the County shall give the Contractor.. written
notice of any incompleted Services. Uponcompletion of such Services,
the Contractor shall again notify the County and, within the above
specified time period, the County shall give the Contractor written
notice of final acceptance or notice that the specified unfinished
Services have not yet been completed. In the latter instance, the
foregoing procedure with respect to such specified unfinished Services
79-598
• will be repeated. Final acceptance shall not constitute a
waiver or abandonment of any rights or remedies available
to the County under any other section of this Contract,-
4..7. TERMINATION, SUSPENSION AND SANCTIONS
4.7.1 Termination for Default
If through any cause within the reasonable control
of the Contractor the Contractor shall fail to fulfill
in a timely and proper manner, or otherwise violate
any of the covenants, agreements or stipulations material
to this Contract, the County shall thereupon have the
right to terminate the Services then remaining to be
performed by giving written notice to the Contractor
of such termination which shall become effective upon
receipt by the Contractor. In that event, all finished
and unfinished documents, data, studies, surveys, drawings,
maps, models, photographs, reports and other work products
prepared by the Contractor shall be promptly delivered to
the County, who shall compensate the Contractor in accordance
with ARTICLE III for all Services performed by the Contractor
prior to termination:
Notwithstanding the above, the Contractor shall not be
relieved of liability to the County for damages sustained
by the County by virtue of any breach of the Contract
by the Contractor` and the County may reasonably withhold
payments to the Contractor for the purposes of setoff
until such time as the exact amount of damages due to
the County from the Contractor is determined.
Termination for Convenience
The County may, for its convenience, terminate the Services
thenremaining to be performed: at any tirne by giving
written notice to the Contractor of such termination, which
shall become effective upon receipt by the Contractor. In
that event, all finished;;, or unfinished documents and other
materials as described in Section 4.7.1 shall be promptly
delivered to the County. If the Contract is terminated
by the County as provided in this Section 4.7.2, the County
shall compensate the Contractor in accordance with ARTICLE
III for all Services actually performed, by the Contractor.
In addition, the Contractor shall be reimbursed for all
costs incidental to said terminations,including without
limitation,' demobilization costs not otherwisereimbursed
under these termination provisions. Such payments shall
be the total extent of the County's liability to the
Contractor upon a termination as provided for in this
Section 4.7.2.
of County
Sanctions for Noncompliance' with Nondiscrimination Provisions
In the event of the Contractor's noncompliance with the non-
discrimination provisions of this Contract, the.. County shall
impose such Contract sanctions as it may determine to be
appropriate including but not limited to withholding`a
payments to the Contractor under the Contract until the
Contractor complies and/or cancellation, termination or
suspension of the Services, in whole or in part. .In the
event the County cancels or terminates the Services pursuant
to this Section 4.7.3, the rights and obligations of the
parties shall be the same as provided in Section 4.7.1.
The County may, from time to time, order changes in the Services and
the Contractor shall promptly comply, with each; order in accordance
• with procedures to be established by the County.
Each such change shall be directed by a written change order
signed by the duly authorized representative of the County and
accepted by the authorized representative of. the Contractor.
Said change order will provide an equitable adjustment in the
time of performance and budget, as well as any other provisions
of this contract which are affected by said change order.
4.9 DISPUTES
4.9.1 Except as otherwise provided in this Contract, any dispute
concerning a question of fact arising under this Contract
which is not disposed of by agreement shall. be decided by
the County which shall mail or otherwise furnish a copy
in writing of the decision to the Contractor. The decision
of the County shall be final and conclusive unless, within
thirty (30) days from the date of the receipts of such copy,
the Contractor mails or otherwise furnishes to the County
a written appeal addressed to the County. The decision of
the County or its duly authorized representative, for the
determination of such appeals, shall be final and conclusive
unless determined otherwise by a court of competent juris-
diction. In connection with any appeal proceeding under
. this provision, the Contractor shall be afforded an oppor-
tunity to be heard and to offer evidence in support of
his appeal. Pending final decision of a dispute hereunder,
the Contractor shall proceed diligently with the performance
of the Contract and in accordance with the County's decision.
4.9.2 Fairlure to comply with this Disputes provision shall be
the cause for termination in accordance with Section 4.7 of
this Contract.
. , ..••••• • ....,••. .
.•- .'• • . ' ....• .• • -•
The.-:-COntractorShall',:perMitfitte.::.'aithdriZedrepreSentatiVii-'26kithe
County, the State of Florida, U.S.Departrnent of Transportation and
• work,traCi.ngS.....planS, •
specifications, inaps, data and records gathered. Or developed under
this contract at any tirne within the duration of the contract and
within three (3) years after the final acceptance:=,Or.-:..terMi.nation of
the Services.
•-'•
4.11. ASSIGNMENT, TRANSFER OR SUBCONTRACTING
The Contractor shall not assign any interest in this contract and
shall not transfer any interest in the same (whether by assignment
or novation)without the prior written consent of the County.
4.12 CONFLICT OF INTEREST
4.12.1 The Contractor convenants that he presently has no interest
and shall not acquire any interest, direct or indirectly,
which would conflict in any manner or degree with the
performance of the Services. The Contractor further
covenants that in the performance of this Contract, no
person having any such interest shall knowingly be employed
by the Contractor.
4.13 IDENTIFICATION OF DOCUMENTS
All reports, maps, plans, drawings, specifications and other
documents completed as a part of this Contract, other than documents
exclusively for internal use within the County or the Contractor
shall carry the following notation on the front cover or title page
(or, in case of maps, in the same block containing the name of the
County):
7 9 -
f`
4.14
"The preparation of this(report, map, plan, drawing, etc.) has
been financed in part through a grant from the U.S. Department
of Transportation, Urban Mass Transportation Administration,
under the National Mass Transportation Assistance Act of 1964,.
as amended." The notation shall also include the date(month
and year) the document was prepared and the name of the
Contractor, the County and the Florida DOT.
EQUAL EMPLOYMENT OPPORTUNITY AND MINORITY BUSINESS ENTERPRISE
UTILIZATION
4.14.1 Equal Employment Opportunity
The Contractor shall not discriminate against any employee
or applicant for employment because of race, religion,
color, sex, age, ancestry, marital status, physical
handicap, place of birth, or national origin. The
Contractor shall take affirmative actions to insure
that applicants are employed and •that employees are
treated during their employment, without regard to
their race, religion, color, sex, age, ancestry,marital
status, physical handicap,.place of birth or national
origin. Such actions shall include, but not be limited
to the following: employment, upgrading, transfer or
demotion; recruiment, or recruitment advertising; lay-
off or termination; rates of pay or other forms of
compensation and selection for training including
apprenticeship.
The Contractor agrees that in the performance of work
authorized under the terms of this Agreement, the Contrac-
tor shall observe the terms of all applicable Federal
and State statutes and regulations concerning equal
employment; opportunity and any judicial orderor decree
directed to the Contractor construing or enforcing same.
4.14.2 Minority Business Enterprises Utilization.
In connection with the performance of work authorized
under this Agreement, the Contractor will use his.
best effort to insurethat qualified minority busi-
ness enterprises'.shall have equal opportunity to
compete on any purchase of materials and supplies
and subcontract work authorized" by.the:'Contrator
under this Agreement.
(2) For the purpose of this Agreement, the following_
terms and : phrases shall have the meaning set forth
below:
(a). Minority business enterprise, as used in this
Agreement means a business enterprisethat is.
owned and controlled by one or more minority`
persons.
(b) Minority person, means a person who is Black,
Hispanic, Asian American, American Indian,
Alaskan native, or a woman regardless of race
or ethnicity.
) Owned and controlled, as used in this definition,
means a business which is (1) a sole proprietor-
ship legitimately owned by an individual who is
a minority person; (2) a partnership or joint
venture controlled by minority persons, and in
which at least fifty-one percent (51%) of the
beneficial ownership interests legitimately are
held by minority persons, or (3) a corporation or
other entity controlled by minority persons, and
in which at least fifty-one percent (51%) of the
voting interests and fifty-one percent (51%)
of the beneficial ownership interests legit-
imately are held by minority persons.
(d) Best efforts, as used in this Agreement, means
(1) the Contractor,shall submit a written state-
ment expressing a Commitment to utilize MBEs in
all aspects of procurement to the maximum extent
feasible; (2) the. Contractor shall show efforts
to insure that known minority business enterprises
will have an equitable opportunity to compete for
subcontracts, particularly by arranging solicita-
tions, time for the preparation of bids, quantities,
specifications and delivering schedules so as to
facilitate the participation of minority business
enterprises under this Agreement; (3) the Contrac-
tor shall keep records showing procedures which
have been adopted to comly with the minority
business enterprise policies and obligations set
forth in Agreement including awards to MBEs and
specific efforts to identify and award contracts
to MBEs; (4) the Contractor, out of his own volition
has established MBE's goals in its subcontracting
and procurement programs.
(3) The Contractor agrees to submit to the County quarterly
reports showing:
(a) Total number and dollar value of all purchases or
materials and supplies, and subcontracted work.
(b) Number, addresses, scope of work, and dollar value
of all materials and suPPlies purchased from MBEs,
and all work subcontracted to MBEs.
(4) Failure by the Contractor to carry out the requirements
set forth above shall constitute a breach of the contract,
and may result in termination of the Agreement or such
other remedy as the County deems appropriate.
•
4.15 NOTICES
All mmunieations relating to the day-to-day activities
shall be exchanged between the Contractor and the representati
designated by the CounrY
4.15.2 All other Notices and communications in writing required or
permitted hereunder may be delivered personally to t e
representatives of the Contractor and the County listed
below or may be mailed by registered mail, postage prepaid.
Until changed by notice in writing, all such notices and
communications shall be addressed as follows:
John A. Dyer, Transportation Coordinator
Metropolitan Dade County
Office of Transportation Administration
44 West Flagler Street, 17th Floor -
Miami, Florida 33130
Jim Reid, Director
Planning Department
City of Miami
Dinner Key
Miami, Florida, 33133
4.15.3 Notices hereunder shall be effective: on delivery if delivered
personally; on the day following postmark if mailed to an addre
in the city of dispatch; and on the seventh day following Post-
mark if mailed to an address outside the city of dispatch.
7 — , •
/
PUBLICITY NEWS RELEASES
The:Contractor shall not.
Contract, disseminate any
regarding this project or
approval of the County or
during or after performance,Of this
information outside its organization
the Services .,without prior written
Project Manager.
IN WITNESSW11EREO1', this Contract amendment has been
as of the day and year first written above.
STIERHEIM
COUNTY MANAGER
APPROVED
LAW DEPARTMENT
executed by the parties
Joseph Grassie
TITLE: City Manager
hereto
ATTEST:
RalphG. Ongie, City`Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
Attorney
911 COURTHOUSE
MIAh11, FLORIDA 33130
TELt 579-5311
Mr.: Richard Fosmoen
Assistant City Manager
City of Miami
P. 0. Box 330708
Miami, Florida 33133
Dear Mr. Fosmoen:
OFFICE OF COUNTY MANAGER
January 16,.1979
In order to continue your agency's participation in OTA's Station Area
Design and Development (SADD) program, we are in the process of firming
up additional federal funding from the Urban Mass 'transportation Adminis-
tration. This funding .:ill enable us to support your agency's partici-
pation in the SADD pro' an through the balance of this fiscal year.
Until we execute a new contract with the City of : iami to cover your
SADD participation for the period beginning January 1, 1979, this letter
will serve as a letter of no prejudice to incur costs related to your
previously approved scope of work. We are uncertain as to the exact
level of funding that will be secured from UATA, and, therefore, will
keep you advised of any changes in the level of effort which can, be
participated in by the City.
We acknowledge the fine work your agency has completed to date in the SADD
program and appreciate your cooperation during this interim period.
JAD/js.
cc: Jim Reid ter;
E. R. Preston
John Richeson
cerely,
ohn A. Dyci�
ansportaJ on Coordinator