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HomeMy WebLinkAboutR-88-0067J-88 -83 12-30-88 RESOLUTION N0. SS-67 A RESOLUTION WAIVING BY A 4/5THS AFFIRMATIVE VOTE OF THE CITY COMr1ISSION THE REQUIREMENTS AND PROHIBITION CONTAINED IN CITY CODE SECTION 2-302; AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED, SUBJECT TO THE CITY ATTORNEY'S APPROVAL AS TO FORM AND CORRECTNESS, FOR PROFESSIONAL PLANNING SERVICES WITH REGINALD A. BARKER, AICP, PRIMARILY IN CONNECTION WITH THE PREPARATION AND FINALIZATION OF CERTAIN ELEMENTS AND TASKS OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1988-2000, FOR AN EIGHT AND ONE-HALF MONTH PERIOD FROM JANUARY 16, 1988, THROUGH SEPTEMBER 30, 1988, FOR A TOTAL FEE OF $41,000 WITH FUNDS IN THAT AMOUNT AVAILABLE FROM THE STATE OF FLORIDA LOCAL FY-88 GOVERNMENT COMPREHENSIVE PLANNING ASSISTANCE PROGRAM. WHEREAS, Reginald A. Barker, AICP, now a private consultant, resigned from the City of Miami on August 1, 1987, after over 3 years of faithful and effective service; and WHEREAS, the City of Miami has a vital interest in the completion of the Miami Comprehensive Neighborhood Plan 1988-2 000; and WHEREAS, Mr. Barker served as Project Manager for the City's 1985 Miami Comprehensive Neighborhood Plan Update and is well -qualified to undertake the preparation and finalization of certain elements and tasks of the new Comprehensive Plan, working under the general supervision of the Planning Director; and WHEREAS, Section 18-52.2(a)(2)(ii) of the City Code exempts this contract from competitive negotiations; and WHEREAS, no new jobs are created under this agreement, the First Source o Hiring Ordinance is not applicable; M NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The authorization set forth in Section 3 hereof is based upon the following findings: (a) The services of Reginald A. Barker, AICP, are unique in character as they relate to certain elements and tasks of the new Comprehensive Plan, which project will be the primary object of his services under the herein agreement. (b) The City of Miami cannot avail itself of such services without entering into the herein proposed agreement, the execution of which would be in violation of City Code Section 2-302 were there not a waiver of the requirements and the prohibition contained in said Section 2-302. CITY COMMISSION MEETING OF JAN 14 kgA8 SOLUTION No. s&-*1y �3 r]: 9 (c) The herein proposed agreement will be to the best interest of the City of Miami. Section 2. Based upon the findings set forth in Section 1 hereof, the requirements and prohibition contained in Section 2-302 of the City Code are hereby waived by a 4/5ths affirmative vote of the City Commission. Section 3. The City Manager is hereby authorized to enter into an agreement, substantially in the form attached, subject to the City Attorney's approval as to form and correctness, for professional planning services with Reginald A. Barker, AICP, primarily in connection with preparation and finalization of certain elements and tasks of the new Comprehensive Plan, for an eight and one-half month period commencing January 16, 1988, through September 30, 1988, for a total fee of $41,000 with funds in that amount allocated from the FY'88 State of Florida Local Government Comprehensive Planning Assistance Program. PASSED AND ADOPTED this 14th day of January , 1988. ATTEST: PREPARED AND APPROVED BY: CHIEF DEPUTY CITY ATTORNEY REVIEW BY: PRANK MAT-ACTIPVDIRECTOR MANAGEMENT AND BU APPROVED ,&3'T0 FORM AND CORRECTNESS: 1 • , ZTTrATTORNEY REVIEW BY: Ql� FINAIME DEPARTMENT C i I PROFESSIONAL SERVICES AGREEMENT This Agreement entered into this day of , 1988, by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY", and Reginald A. Barker, AICP, an individual, Post Office Box 650337, Miami, FL 33265, hereinafter referred to f - as "CONSULTANT." RECITAL: WHEREAS, preparation of the City of Miami Comprehensive Neighborhood Plan 1988-2000 (the "Plan") is currently underway to comply +1ith the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Florida Statutes and Chapter 9J-5 FAC, Minimum Criteria for Review of Local Government Comprehensive Plans and Determination of Compliance; and WHEREAS, it is in the best interest of the City of engage a well - qualified professional planner to work on the Plan under the general supervision of the Planning Director; and WHEREAS, funding for the Plan has been allocated from State of Florida i FY'88 Local Government Comprehensive Planning Assistance Funds; and WHEREAS, the City Commission passed and adopted Resolution No. 88- , on January 14, 1988, authorizing the City Manager to execute this agreement with Reginald A. Barker, AICP, for professional planning services. NOW, THEREFORE in consideration of the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: TERM: The term of this Agreement shall be from January 16, 1988 through September 30, 1988. II. SUPERVISION: The CONSULTANT shall be under the general supervision of the Planning Department Director and under the direct supervision of the Chief of Advance Planning. III. SCOPE OF SERVICES: Phase A (January 16, 1988 - June 17, 1988) The CONSULTANT is assigned the following tasks for this phase: Task 1 - NEIGHBORHOOD DATA AND ANALYSIS This task consists of coordinating and conducting a neighborhood analysis for each of the City's eight (8) Community Development (CD) Target Areas, seven (7) Remaining Neighborhood Areas and twenty (20) Special Areas (see Attachment A) as follows: (a) for the eight (8) CD Target Areas and seven (7) Remaining Neighborhood Areas, a comprehensive demographic/socio-economic analysis of the population using 1970 and 1980 tract level census data _. (b) for the twenty (20) Special Areas: a description and analysis of the particular nature, character and/or attributes of the area. The final product is to be a report consisting of text, tables and figures. Task 2 - NEIGHBORHOOD GOALS, OBJECTIVES AND POLICIES This task consists of coordinating and preparing neighborhood plans for each of the City's eight (8) CD Target Areas, seven (7) Remaining Neighborhood Areas and twenty (20) Special Areas as follows: (a) The plans should: 1) address the area's problems and opportunities, 2) set goals and objectives and 3) determine policies to alleviate problems, seize upon opportunities, and accomplish objectives to acheive goals. The above is to be reflected in a land use map for each area. A cursory zoning analysis is to be undertaken for each area. The final product is to be a report consisting of text, tables, figures and maps. -2- V P Task 3 - EXISTING LAND USE DATA This task consists of coordinating and preparing the necessary products to meet the Existing Land Use Data Requirements (9J5.006(1), Minimum Criteria for Review of Local Government Comprehensive Plans and Determination of Compliance) including: (a) coordinating the preparation of an existing land use map or map series (b) preparing a table of the approximate acreage and general range of density of land use by category (c) presenting city population projections The final product is to be a report consisting of a map or map series, tables and explanatory text. Task 4 - LAND USE ANALYSIS This task consists of coordinating and preparing the necessary products to meet the Land Use Analysis Requirements (9J5.006(2), Minimum Criteria for review of Local Government Comprehensive Plans and Determination of Compliance) including: (a) an analysis of the availability of facilities and services to serve existing land uses and land for which development orders have been issued (b) an analysis of the character and magnitude of existing vacant or undeveloped land in order to determine its suitability for use (c) an analysis of the amount of land needed to accommodate the projected population ■ (d) an analysis of the need for redevelopment ■ ■ (e) an analysis of the proposed development and redevelopment of flood prone areas. The final product is to be a report consisting of text, tables and figures. - 3 - Task 5 - FUTURE LAND USE MAP This task consists of coordinating and preparing the necessary products for the Future Land Use Map (9J5.006(4), Minimum Criteria for Review of Local Government Comprehensive Plans and Determination of Compliance) including: (i) showing the proposed distribution, extent, and location of no less than the eight (9) listed generalized land uses (ii) showing the City's natural resources (iii) showing areas of mixed use. The final product is to be a map or map series along with explanatory text and tables. Phase 8 (June 18, 1988 - September 30, 1988) During this phase the CONSULTANT shall be assigned specific tasks related to the Plan on an as needed basis. IV. - COMPENSATION: A. CITY shall pay CONSULTANT, as maximum compensation for the services required pursuant to Paragraph III hereof, $41,000, allocated as $26,000 for the period of January 16, 1988 - June 17, 1988 and $15,000 for the period June 18, 1988 - September 30, 1988. B. Such compensation shall be paid on the following basis: The CONSULTANT shall be paid $4,000 upon initiation of services to the CITY for Phase A of the Scope of Services. ® For Phase A. the period January 16, 1988 - June 17, 1988, wupon completion of any of the tasks listed below, the City shall compensate the CONSULTANT in the amount listed immediately to the right of the task and its associated deadline. Such payment shall be made only upon presentation of an invoice from the CONSULTANT and certification by the Chief of Advance Planning to the Planning Director that the subject task has been completed satisfactorily. - 4 - Deadline Payment Task 1 - Neighborhood Data and Analysis Completed Draft for Departmental Review Feb. 12 $39000 Final Report Mar. 11 $29000 Task 2 - Neighborhood Goals, Objectives and Policies Completed Draft for Departmental Review Apr. 15 $59000 Final Report May 20 $29000 Task 3 - Existing Land Use Data Completed Draft for Departmental Peview Feb. 26 $19000 Final Report Mar. 25 $1,000 Task 4 - _� Land Use Analysis Completed Draft for Departmental Review Apr. 1 $39000 Final Report Apr. 29 $10000 Task 5 - Future Land Use Map Completed Draft for Departmental Review June 3 $29000 Final Report June 17 $29000 For the period June 18, 1988 - September 30, 1988, the CONSULTANT shall provide planning services related to the Plan. The CONSULTANT shall be paid up to $2,000 biweekly depending on the nature of the task and amount of time required, as determined by the Planning Director. The CONSULTANT shall not be paid more than $2,000 during any two -week pay period. This fee will be paid on a biweekly basis. Payment of all taxes and expenses such as income tax, social security, health and major medical insurance, personal insurances and general expenses of any kind not provided for in this Agreement will be the responsibility of the CONSULTANT. - 5 - �i All office space, supplies, equipment and parking required in connection with the Project shall be furnished by the CITY. The CONSULTANT shall be reimbursed for travel and mileage expenses, at $0.20 per mile, authorized by the Planning Director and approved by the City Manager. Such supplies, equipment, parking, mileage and travel expenses shall not be considered as compensation for the purposes of the maximum compensation limit set forth in paragraph IV A. above. C. CITY shall have the right to review and audit the time records and related records of CONSULTANT pertaining to any payments by the CITY. V. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Both parties shall comply with all applicable laws, ordinances and codes of federal, state and local governments. VI. 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 addressed to the other party at the address indicated herein or as the same may be changed from time to time. 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 the date of actual receipt, whichever is earlier. CITY OF MIAMI CONSULTANT City Manager Reginald A. Barker, AICP 3500 Pan American Drive Post Office Box 650337 Miami, FL 33133 Miami, FL 33265 B. Title 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 any attached documents, the terms in this Agreement shall rule. - 6 - 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. E. Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. VII. OWNERSHIP OF DOCUMENTS: All documents developed by CONSULTANT under this Agreement shall be delivered to CITY by said CONSULTANT upon completion of the services required pursuant to paragraph III hereof and shall become the property of CITY, without restriction or limitation on its use. CONSULTANT agrees that all documents maintained and generated pursuant to this contractual relationship between 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 CITY to CONSULTANT pursuant to this Agreement shall at all times remain the property of CITY and shall not be used by CONSULTANT for any other purposes whatsoever without the written consent of CITY. The CONSULTANT shall not discuss assignments or reports, or release documents to the news media, without the oral or written consent, respectively, as the case may be, of the CITY. —1— C c VIII. NONDELEGABILITY: That the obligations undertaken by CONSULTANT pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the performance or assignment of such service or any part thereof by another person or firm. IX. AUDIT RIGHTS: CITY reserves the right to audit the records of 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. X. AWARD OF AGREEMENT: CONSULTANT warrants that it has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the CITY any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. XI. CONSTRUCTION OF AGREEMENT: This Agreement shall be construed and enforced according to the laws of the State of Florida. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. —8- - se-si V 0, XIII. INDEMNIFICATION CONSULTANT agrees to be bound by the terms and conditions of the City of Miami/State of Florida Department of Community Affairs Local Government Comprehensive Planning Assistance Program Contract for FY '81-'88. CONSULTANT shall indemnify and save CITY and the Florida Department of Community Affairs harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of CONSULTANT's activities under this Agreement, and/or the aforementioned City of Miami/Florida Department of Community Affairs contract, including all other acts or omissions to act on the part of CONSULTANT, including any person acting for or on its behalf, and, from and against any orders, judgements, or decrees which may be entered and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. - XIV. CONFLICT OF INTEREST: A. CONSULTANT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, with CITY. CONSULTANT further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests on the part of CONSULTANT or its employees, must be disclosed in writing to CITY. B. CONSULTANT is aware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Dade County Florida (Dade County Code Section 2-11.1) and the State of Florida, and agrees that it shall fully comply in all respects with the terms of said laws. - 9 - n 611 INDEPENDENT CONTRACTOR: CONSULTANT and XV. his employees and agents shall be deemed to be independent contractors, and not agents or employees of CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of CITY, or any rights generally afforded classified or unclassified employees; further he/she shall not be deemed entitled to the Florida Workers' Compensation benefits as an employee of CITY. XVI. TERMINATION OF CONTRACT: CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to paragraph III hereof without penalty to CITY. In that event, notice of termination of this Agreement shall be in writing to CONSULTANT, who shall be paid for those services performed prior to the date of its receipt of the notice of termination. In no case, however, will CITY pay CONSULTANT an amount in —! excess of the total sum provided by this Agreement. It is hereby understood by and between CITY and CONSULTANT that any payment made in accordance with this Section to CONSULTANT shall be made only if said CONSULTANT is not in default under the terms of this Agreement. If CONSULTANT is in default, then CITY shall in no way be obligated and shall not pay to CONSULTANT any sum whatsoever. XVII. NONDISCRIMINATION: CONSULTANT agrees that it shall not discriminate as to race, sex, color, creed, national origin, or handicap in connection with its performance under this Agreement. Furthermore that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, creed, national origin, or handicap, be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. - 10 - V V- XVIII. MINORITY PROCUREMENT COMPLIANCE: CONSULTANT acknowledges that it has been furnished a copy of Ordinance No. 10062, the Minority Procurement Ordinance of the City of Miami, and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. XIX. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds, or authorization, reduction of funds, and/or change in regulations. XX. DEFAULT PROVISION: In the event that CONSULTANT shall fail to comply with each and every term and condition of this Agreement or fails to perform any of the terms and conditions contained herein, then CITY, at its sole option, upon written notice to CONSULTANT may cancel and terminate this Agreement, and all payments, advances, or other compensation paid to CONSULTANT by CITY while CONSULTANT was in default of the provisions herein contained, shall be forthwith returned to CITY. XXI. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only Agreement of the parties hereto relating to said grant and correctly sets forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. XXII. AMENDMENTS: No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, this the day and year first above written. CITY OF MIAMI, a municipal Corporation of the State of ATTEST: Florida By H. 0010 City Clerk City Manager WITNESSES: CONSULTANT: By REGINALD A. ARK R, P SS# 265-13-3405 (NOTE: If CONSULTANT is not a Corporation, two witnesses must sign.) APPROVED AS TO INSURANCE APPROVED AS TO FORM AND REQUIREMENTS: CORRECTNESS: HARRY GORDON LUCIA A.0 R Insurance Manager City Attorney -12- AN ATTACHMENT A Comprehensive Plan Neighborhoods Community Development Target Areas: 1) Allapattah 2) Coconut Grove 3) Downtown 4) Edison - Little River 5) Little Havana 6) Model City 7) Overtown 8) Wynwood Remaining Neighborhood Areas: Special Areas: 1) Brickel1 2) Flagami 3) Greater Coconut Grove 4) Greater Little Havana 5) Northeast 6) Shenandoah 7) Virginia Key 1) Allapattah Industrial District 2) Buena Vista 3) CBD 4) Civic Center 5) Design Center 6) Edison Center 7) Edgewater 8) Garment Center 9) Goverment Center 10) Grove Center 11) King Heights 12) Latin Quarter 13) Little Haiti 14) Little River Industrial District 15) Morningside 16) Omni 17) River Corridor 18) River Quadrant 19) Roads 20) Southeast Overtown/Park West 0. CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO. Honorable Mayor and Members DATE: �jp+Ilr, A ' ' FILE: of the City Commission Deenln�inn Ili�l+nv+�.an �Mn th ' CITY CF MIAMI. =:ORICA sNTER-OFF?Cc 1EMORANDUy1 Honorably Mayor and Members . ATE January 14, 1988 Of the C�ty Commission _,;,,EC_ � •, City Commission Meeting January 14, 1988 Vd/o Dougherty EFERENCES Agenda Items #21, #23, City Attorney #82, #64 and #78 iVCL75URE5 (1) The following information and material should be considered by you in your deliberations at today's Meeting: Agenda Item #2i (J-88-44) [Resolution authorizing acquisition of property] The resolution language authorizing the acquisition of land parcels from the expansion of Roberto Clemente Park has been changed to authorize the City Manager instead of the City Attorney to acquire said parcels. Of course, our office will assist the administration as necessary in regard to the acquisition. Agenda Item #23 (J-88-46) [Resolution supporting Dade County Special Taxing District and authorizing exeoution of an agreement to include an area located within the City in said district] The authorization for the City Manager to "execute" an agreement with Dade County has been changed to authorize the City manager to "negotiate" as agreement with the County. HOTS: At the time the Consent Agenda is voted upon, if these Items 021 and #23) are not removed from the Consent Agenda and considered separately, there should be an announcement made by the Mayor that Items #21 and #23 are berg voted upon was modified'. Agenda Item 082 (J-88-68) [Ordinance amending City Code Section 38-40 by establishing "Boat Ramp Fees"] The language referring to an assessment of the $4.00 boat ramp user fee has been modified from a "per launch per day" basis to a "per launch" basis. 9g-67 C� Mayor and Members of City Commission January 14, 1988 Page 2 agenda item ee4 (J-88-72) [Resolution calling for special municipal election] The resolution has been modified to provide for the operation of a full -service boatyard, marina, restaurant and marine -related retail facility instead of being limited to the operation of a full -service boatyard and marina. The additional informative language appears in the title. the public notice and the ballot question. The attached resolution should be substituted for the item previously distributed in the packet. Agenda Item *7B (9-88-83) (Resolution waiving section of Code and authorizing execution of agreement with former City employee] The proposed professional services agreement which is an attachment to this resolution has been modified by adding a clause requiring indemnification by the former employee, which indemnification is required by the State of Florida in its grant award of funds for the Program. LAD:RFC:bss:P487 co: Cesar H. Odio. City Manager Natty Hirai. City Clerk Walter Golby, Director, Department of Parks, Recreation and Public Facilities Att: Diane Johnson Donald Cather, Director, Department John Gilchrist, Director, Department Sergio Rodriguez. Director. Planning Att: Dave Whittington of Public Works of Development Department Linda G. Kelly, Assistant City Attorney Rafael Suarez -Rivas, Assistant City Attorney an M& 98-67 CITY OF MIAMI. FLORIDA 78 INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members of the City Commission 01 FROM: V Cesar H. Odio City Manager RGbN7 ON: DATE: d111fI iNkr;j FILE: SUBJECT: Resolution Authorizing the City Manager to Execute an Agreement for Professional Services with Reginald A. Barker, AICP REFERENCES: ENCLOSURES: It is respectfully recommended that the City Commission adopt the attached resolution waiving the requirements and prohibition in City Code Section 2-302 and authorizing the execution of an agreement, in substantially the formed attached hereto and subject to the City Attorney's approval as to form and correctness, with Reginald A. Barker, AICP, for professional planning services primarily in connection with the preparation and finalization of the Miami Comprehensive Plan Neighborhood Plan 1988-2000. The Planning Department proposes to finalize the Miami Comprehensive Neighborhood Plan 1988-2000 by the State deadline of July 1988 in conformity with the Florida Growth Management legislative passed in 1986. Reginald A. Barker, AICP, now a private consultant, resigned from the City of Miami on August 1, 1987, after over 3 years of faithful and effective service. During Mr. Barker's tenure with the Planning Department he served as Project Manager on the 1985 Comprehensive Plan Update and the City has a sizeable investment in his expertise on this project. Mr. Barker is willing to offer his professional services on a full-time basis; therefore it is in the best interest of the City to engage a well -qualified professional planner with sufficient expertise to coordinate the preparation and finalization of certain tasks of the Plan, via this agreement. Funding for this agreement has been allocated from the State of Florida FY'88 Local Government Comprehensive Planning Assistance Program. The indemnification clause customarily a part of professional services agreements has been deleted solely while Mr. Barker is working on the Comprehensive Plan. 7g - / '98-67