HomeMy WebLinkAboutR-77-0778Nijrb
1O/13/77
RE50LUT I ON N0. 7 7. i 778
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE THE ATTACHED CONTRACT FOR PRO-
FESSIONAL CONSULTANT SERVICES WITH DR. ERNEST
R. BARTLEY IN CONNECTION WITH THE REVISION
OF THE CITY'S COMPREIHENSIVE ZONING ORDINANCE
WITH FUNDING FOR SAID CONTRACT TO BE ALLOCATED FROM
THIRD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS IN AN AMOUNT NOT TO EXCEED $50,000.
WHEREAS, the City of Miami has previously engaged the
services of Dr. Ernest R. Bartley for planning consultant services
leading to the adoption of Ordinance No. 8234, dated February 28,
1974, (City Code Chapter 62), which established the Planning Advi-
sory Board and Zoning Board as separate entities; and
WHEREAS, the City of Miami has adopted the Miami Compre-
hensive Neighborhood Plan with modifications 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 Com-
prehensive Neighborhood Plan, completed their work in Phases III
and IV being recommendations for comprehensive revisions to the
Comprehensive Zoning Ordinance No. 6871; consistent with the land -
use recommendations of the Miami Comprehensive Nieghborhood Plan;
"DOCUMENT ., INDEX
ITEM NO. "
WHEREAS, the third year application for Community Develop-
ment Block Grant funds submitted by the City of Miami to the U.S.
Department of Housing and Urban Development dated February 14, 1977
(Resolution No.77-198, dated February 24, 1977), identified Planning
and Management Development as an eligible activity of which Phase V
of the Miami Comprehensive Neighborhood Plan is a part; and
WHEREAS, the City of Miami desires to extend the sub -
consultants' professional consulting services for land use controls
CITY COMMISSION
MEETING OF
OCT 1 3 1977
mwwrnh no.=
for Er. Ernest R. $artley and Bair, Abernathy and Associates to
enable them to prepare a revised text, schedule of district regti=
lations, and official zoning atlas to replace the Comprehensive
Zoning Ordinance No. 6871; such work being Phase V of the Miami
Comprehensive Neighborhood Plan; 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 aEthe City;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
execute the attached contract 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 Third Year Community Development Block Grant
Funds in an amount not to exceed $50,000.
PASSED AND ADOPTED this 13th day of October, 1977.
`TTEST :
RALPH G. ONGIE, CITY CLERK
PREPARED AND APPROVED BY:
MICHEL E. ANDERSON
ASSISTANT CITY ATTORNEY
Mauric A. Ferre
MAURICE A. FERRE, MAYOR
D AS TO FORM ,PdtD-CORRECTNESS:
CEORGE F,
f-
X, JR. ,
Y ATTORNEY
77-778
MM
his agteeteh't made this
of Miami, Florida, a mtinici ai corer+
b and between the Cityp
tich of the State of Florida, hereinaftet called the "CiVi"
Ernest R+ Bartley, hereinafter called the "CONSULTANT"+
THAT
WITNESSETH
WHEREAS, the City of Miami has preViously engaced
services of Dr. Ernest R. Bartley for planning consulting sort
viees leading to the adoption of 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 Cotnpre=
he'nsive Neighborhood Plan with modifications 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 in Phases
I1.7 and IV being recommendations for comprehensive revisions to
the'compehensive Zoning Ordinance 46871; consistent with the
land -use recommendations of the Miami comprehensive Neighborhood
and
WHEREAS, the third year application for Community
1opment Block Grant funds submitted by the City of Miami to
he U.S. Department of Housing and Urban Development dated February
14,. 1977, (Resolution 77-198 dated February 24, 1977), identified
Planning and Management ievelopment as an eligible activity of
Which Phase V of the Miami Comprehensive Neighborhood Plan is a
p ar.1; and
WHIREAS,the City of Miami desires to extend the sub
Consultants' professional consulting services for land use con-
trots for Dr. Ernest. R, Bartley and Bair, Abernathy and Associates
to enable them to prepare a revised text, schedule of district
regulations, and official zoning atlas to replace the Comprehensive
Zoning Ordinance #6871; such work being (Phase Vi of the Mimi
77-77t
C14titehensive Neighborhood Plan) and
WHEREAS, Dr, Ernest R, Bartley and Bair, Abernathy
Associates are qualified to undertake this project and desire to
petfortn these professional services under the direction of and
for the account of the CITY;
WHEREAS, the Miami City Commission by Resolution
dated authorized and directed the City Manager and the
City Clerk to negotiate and execute an agreement with Dr, Ernest R,
Bartley for continued professionalservices to be rendered by him
and by Bair, Abernathy and Associates related to the comprehensive
revision of the Comprehensive Zoning Ordinance #6871;
NOW THEREFORE, the CITY and the CONSULTANT for the
considerations hereinafter set forth, do agree and covenant,
Unto the other as follows:
SECTION I. GENERAL
A. The CONSULTANT shall perform the professional ser�`
hereinafter set forth; and
B. The CITY shallpay the CONSULTANT a fee of $50,000
for the performance of the Work
vices as
(Fifty Thousand Dollars)
outlined herein.
SECTION II. DEFINITIONS
. CITY - The City of Miami, Florida
CITY MANAGER - the City Manager of the City of Miami.
CONSULTANT - Dr. Ernest R. Bartley;
SUBCONSULTANTS - I3air, Abernathy and
. Bair.
CONSULTANTS 7 the CONSULTANT and:the SUBCONSULTANTS
them.
COUNTY - is hereby defined a$ Dade County, :Florida.
PROJECT COORDINATOR - is hereby defined as the
Director.
F, WORK - is hereby defined as the professional and
service to be rendered as provided by the CONSULTANTS.
G, FIXED FEE '- is hereby defined as the amount of money
Ty agrees to pay the CONSULTANT for those professional and
0,41 services required to complete the WORK as further defined
Associates, and
or
• H ••• •• • •••• • '•• • •••• • • • ••• • '::•:••-• • • : : • • . . . • . • • . • ,
SERVICES
g.t.TON III, SCOPt OF PROFESSIONAL SERVICES
The work to be performed by the CONSULTANTS shall haVe
the objective of completing a CONSULTANT'S draft of the text and
schedule of district regulations of a reorganized and completely
redrafted zoning ordinance for the City of Miami that commenced
under Phase IV, and to provide consultation for the preparation of
the proposed official zoning atlas. The parties to this agreement
mutually recognized that such ordinance is one of several necessary
instruments 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 perform work within the
following context and subject to the considerations set forth as follows:
A.
• Completion of CONSULTANT'S draft of text of
zoning ordinance and of schedule of district
regulations.
and
the schedule of district regulations for a zoning ordinance for
commenced under Phase IV. The draft will include
annotation and commentary on those portions of the
the CITY that
appropriate
CONSULTANT
will complete a
draft of the
text
text or schedule of district regulations requiring explanation, in
:order to better facilitate citizen education on those features not
incorporated in the present zoning ordinance, or those features of
the present zoning ordinance utilized in new or different context
4-11 the draft.
Form of Draft Text and Responsibility for
Reproduction,
The CONSULTANT will provide the remainder of an
ted readable manuscript copy of the text suitable for typing
CITY personnel on mag typewriter, and one copy each of diagrams
by
(camera-ready) to he incorporated in the text will be provided by
CONSULTANT. The CONSULTANT will proof final typing before the
CITY undertakes reproduction.
Form of Draft Schedule of Distric Regulations
and Responsibility for Reproduction.
The CONSULTANT will provide a master copy of the
schedule of district regulations; on milar and photographi
calY 'teduced, ready for reproduction.
D, Consultation on the Proposed Official
Zoning Atlas,
The CONSULTANT shall provide advice, oversight at
consultation in the preparation of the proposed official
For purposes of direction, advice
CONSULTANTS will, at the direction of the Planning Department
hold meetings and workshops with City Boards or official committees.
Revisions to the Text of the Zoning Ordinance
and of the Schedule of District Regulations.
The CONSULTANTS shall provide revised language for
schedule of district regulations where revisions a
necessary by the Planning Department as a result of
lugs. and workshops with the Planning Department, City Boards•
agents, or other official committees.
Work with Planning Department.
In the course of completing the draft
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.
In recognition that liaison must be maintained
the City Department of Planning and the CONSULTANT during
the course of fulfilling this agreement, CONSULTANT 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
pl.aces 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
CONSULTANT additional
time for consultation with members
the Department of Planning, If deemed necessary by the CITY and
by; the CONSULTANT, CONSULTANT
to Spend sufficient time
4
iidisoh With the City CoinMission, Planning Advisory Soatd
Board, or other official committees during the preparation
the draft text, the schedule of district 'regulations, and the
official zoning atlas called for under this agreement. This
provision is included for the purpose of permitting the CONSULTANT
have direct liaison with these CITY bodies,
Six (6) man days of this agreement shall be held in
eserVe for the accomplishment of work not specifically covered by
this agreement, or to meet situations not forseen at the time this
agreement is executed. If those six (6) man days have not been
utilized within nine (9) months of the date of this agreement, the
six (6) reserve man days shall be reprogrammed for work under this
Work Completed Under Phase IV Contract.
It is understood that no charge shall be made undet;.
contract for proofing of mag typing or editing of those
prepared by the CONSULTANT under the Phase IV contract.`
SECTION IV. CITY'S SERVICES AND RESPONSIE3ILITIES
shall furnish the CONSUhTANT services
The Planning Director or person or persons
willbe available for consultation periods as
At the option of the CONSULTANT, additional consulta-
will be available with members of the Planning Department.
The Planning Department shall be responsible for all
mapping work in connection with the official zoning atlas, and
shall closely coordinate this
Lion of the CONSULTANT.
task with the advice and consulta-
D. The Planning Department will Make available to th
CONSULTANT all information in its
ossession relating to the WORK;
CITY shall bear all reproduction costs for reproducing this
The CITY assumes all responsibility for and the costs of
oduction of WORK documents in such quantities as it deems
from edited readable manuscript and camera-ready diagrams
pplied by the CONSULTANT.
F, The CONSULTANT shall be futnished eight (8) tepto=
aced copies of all WORK documents at no 'charge to the CONSULTANT.
G, The Planning Director shall be responsible for
atranging meetings with the City Commission, Planning Advisory
Board, Zoning Board, or official committees as appropriate after
clearance with the CONSULTANT.
SECTION V. COMPENSATION FOR SERVICES
For professional and technical services as authorized
in SECTION III SCOPE OF PROCESSIONAL SERVICES, the CITY agrees to
pay
the CONSULTANT a FIXED FEE of $50,000 (FIFTY THOUSAND DOLLARS).
Partial payments for the WORK shall be made as follows:
CONSULTANT will submit monthly billings in triplicate,
such
billings to be made over the signature of Ernest R.
Payment
shall be made by the CITY within forty-five (45)
receipt of
such billings. Payments shall be made to Ernes
Bartley, AIP.
performed to
paragraphs
Indicated
t R.
The amount of monthly billings due for the work
date shall be an amount calculated in accord with
C and D below and shall approximate the time estimates`.
on Exhibit A which is attached hereto.
CONSULTANT'S monthly billings will set out. hours
worked during the billing month at the rate of Three Hundred Fifty
Dol
and Three
for
ment
n
f
lars($350) per eight (8) hour day for Frederick H. Bair, Jr.,'
Hundred Twenty-five Dollars ($325) per eight (8)
Ernest R. Bartley.
A "man day" as used elsewhere
shall mean eight (8) hours.
living
hour day
in this agree -
The CITY shall not be liable-for.any transportation
expenses of the CONSULTANT. The CITY will be liable for
Professional expenses incident to the preparation of the draft
the text and the schedule or district regulations such as drafting
necessary diagrams, physical preparation of the milar schedule,
photographic
CONSULTANT
reduction
of the
SECTION VT WORK SCHEDULI
text
schedule, and the like incurred by
CONSULTANT shell deliver
nd the schedule of district
competed draft copy of the
zoning ordinance; in the form set out in Section III above, to the
CI`ft no later than August, 1978. The completed draft of the text
and the schedule of district regulations shall reflect changes in
language that may be required to that date after consultations with
the Department of Planning, City Commission, Planning Advisory
Board, or Zoning Board, as set out in Section II above.
In the process of completing the draft and schedule of
district regulations required by the preceding paragraph, the
CONSULTANT shall adhere generally to the following order of tasks
and shall conform generally to the time limitations set out as
follows:
Completion of ordinance teXt and commentary:
December 1, 1977,
Schedule of district regulations, including:
districts deemed to be basically residential in
character, districts deemed to be basically
commercial in character, districts deemed to be
basically industrial in character, districts
deemed to be of mixed commercial and residential
character, and any special districts (completion by
April 1, 1978).
Official Zoning Atlas:
Provide consultation, advice, and oversee the prepara-
tion of an official zoning atlas by the planning
department (completion by July, 1978).
It is understood that tasks as outlined generally above
e to be coordinated with the Planning Department and, as they are
completed, are to be submitted to the Planning Department for review.
The CONSULTANT reserves the right to present at any time material on
future tasks, not required to be submitted at the given point of
time. The Director of Planning and the CONSULTANT may mutually agree
in order of tasks set out generally above and to the altera-
to changes
tion of time requirements.
It is further agreed that the CONSULTANT will aid the
Plahhing Department within the limits of this contract in maintain,,,
i'hg the integrity and operative character of the existing zoryinc
ordinance during the period covered by this agreement.
SECTION VII. TERMINATION OF CONTRACT
The CITY retains the right to terminate this agreethei1
at any time prior to the completion of the WORK without penalty
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
o 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, them the CITY shall in
o way be obligated and shall not pay to the CONSULTANT any sum
whatsoever.
In the event of termination, all documents graphics, etc.
forth in SECTION VIII OWNERSHIP OF DOCUMENTS shall become
property of the CITY, subject to the provisions of SECTION VIII.
SECTION VIII. OWNERSHIP OF DOCUMENTS
All writings diagrams, tracings, 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 CONSULTANT retains the right to utilize language,
iagrams, and approaches --together with explanatory materials --
st#bseyuent ordinances they may develop for other local governments
Florida or elseWhere or for articles, books, monographs they may
8
'r
is further understood by and between the patties that
ahy infottatjo , traps, 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
retained any company or
persons to
solicit
or secure this agreement
that they have not offered to pay, paid, or agreed
to pay any
person or company any fee, commission, percentage, brokerage fee,
gifts of any kind contingent upon or resulting from the award
f making this agreement.
The CONSULTANTS are aware
of the City of Miami (Miami
of the conflict of interest.
Code Chapter
, Article
Dade County, Florida (Dade County Code, Section 2-11.1) and
that they will fully comply in all respects with the terms
said laws.
SECTION X. AMENDMENT
This agreement represents
CITY and the CONSULTANT and supersedes all prior negotiations,
epresentations or agreements, either written or oral.
This agreement may be amended only by written instrument
accomplished by both the CITY and the CONSULTANT.
SECTION XI NON-DELEGAI3I LITY
It is understood and agreed that the obligations under -
the CONSULTANT pursuant to this agreement shall be performed
iy the CONSULTANTS named and defined in Section II (C) hereof, and
that such obligations shall not be delegated to any other person or
firm unless the CITY shall first consent in writing to the performance
services or any part thereof by another person or firm,
JCTION XII. SUCCESSORS AND ASSIGNS
This agreement shall be binding
legal
parties hereto,
SECTION XIII. AUDIT RIGHTS
The CITY reserves the 'right to audit the records Ofthe
CONSULTANTS 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 XIV, LIABILITY
CONSULTANT shall indemnify and save
and against any and all claims, liabilities, losses, and causes of
aotion which may arise out of CONSULTANT'S activities under this
contract, including all acts or omissions to act on the part of
CONSULTANTS or any of them, including any person acting
his or their behalf.
SECTION XV. RIGHT OF DECISIONS
All services shall be performed
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 prosecution and fulfillment
f the services hereunder, and the character, quality, amount, and
value thereof; and the Director's decisions upon all claims, questions
f fact, and disputes shall be conclusive and binding upon the parties
hereto, unless such determination is arbitrary and unreasonable.
the event the CONSULTANT does not concur in the judgment of the
Director of the Deparment 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 3n 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 law.
SECTION XVII. NON-DISCRIMINATION PROVISION
In
The CONSULTANTS warrants that
States Shall, on grounds of race, color,
Sek, marital status or physical handicap be subjected to discriminate
tide under this agreement and will immediately take any measures to
Cdrteet such discrimination and to ensure that such discrimination
Cannot occur in the future.
The CONSULTANTS warrants that he will comply in accordance
With the Housing and Community Development Act of 1974, Section 109,
With Title VI of the Civil Rights Act of 1974, Title VIII of the
Civil Rights Act of 1968, Executive Orders 11246 and 11046 and
Section 3 of the Housing and Urban Development act of 1968, Section
570. 303(3) (1) .
The CONSULTANT warrants that he will comply with the
poviSions of the Hatch Act as amended January 1,.1975, which
.limits the political activities of employees.
SECTION XVIII. CONSTRUCTION
The parties agree that this agreement shall be construed
and enforced according to the laws (statutes and case law) of the
State of Florida and any applicable City ordinance(s).
IN WITNESS WHEREOF, the parties have executed this
_._ the ,aa., and year first above set forth
The CONSULTANT, Ernest
Signed, sealed, and delivered
n the presence of:
con ton'
11
creed, national origin,
Ernest R. Bartley
The City of Miami
'(A municipal corporation of
,the State of Florida)
(SEAL)
City Manager
proved as to form and legality:
tr 1111
ir.l
1
la 1
Joseph rk. + rassit
City Manager
Richard L. 'ost-noen'z"
Director, Planning Department
'77 OCT AM Q '`5 3
1
ctober 3, 1977
Phase V of the Miami
eornprehehsirt a Plan
Attached is a proposed contract and resolution for professional services
by Dr. Ernest Bartley and Mr. Fred Bair on Phase V of the ;Miami
Comprehensive Neighborhood Plan. Their services will complete their
work on the land use control recommendations contained in the Compre-
hensive Plan which was adopted with modifications by the City Commission
on May 12, 1977. The work to be done by Dr. Bartley and M r. Bair in
coordination with the Planning Department staff will result in a completely
rewritten innovative comprehensive zoning ordinance that will contain a
new: (1) text (21 schedule of district regulations (31 zoning atlas.
Since Planning and Management Development is an eligible activity under
Community Development Block Grant Funds, this $50, 000 contract will
utilize City of Miami Block Grant Funds.
RLF:vb
Attachments
cc: Law Department
Finance Department
George Acton