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Resolution 77-15448 RESOLUTION NO. 77-15448 A RESOLUTION APPROVING AND AUTHORIZING CONSULTANT AGREEMENT BY AND BETWEEN MIAMI BEACH REDEVELOPMENT AGENCY; THE ENVIRONMENTAL PLANNING INSTITUTE, INC. ; AND THE CITY OF MIAMI BEACH. WHEREAS, pursuant to Resolution No. 77-15283 and Resolution No. 77-15291, the City Council has authorized and approved a redevelopment plan for the City of Miami Beach under the provisions of Chatper 163, Florida Statutes, and WHEREAS, Environmental Planning Institute, Inc. has heretofore been employed by the City of Miami Beach and the Miami Beach Redevelopment Agency to render certain consultant services , and WHEREAS, said contract has heretofore expired by its terms, and it is necessary that said contract be renewed and extended, and WHEREAS, the proposed form of agreement between the Miami Beach Redevelopment Agency, the Environmental Planning Institute, Inc. and the City of Miami Beach has been prepared and approved by the Miami Beach Redevelopment Agency and the Environmental Planning Institute, Inc. , and WHEREAS, the City Council is familiar with the terms and provisions thereof; a true and correct copy thereof being attached hereto and made a part hereof, and WHEREAS, the said proposed agreement has been approved as to form by the City Attorney and embodies certain changes therein as recommended by the City Manager, and WHEREAS, the City Council deems it to be in the best interest of the City and its residents to enter into said agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City Clerk be and they are hereby authorized and directed to execute and deliver said agreement for and in the name of the City of Miami Beach, Florida. PASSED and ADOPTED this 29th day of September , 1977 . Ma • Attest: )21 ,47:4-96t-t, City Clerk OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 29th day of September, 1977, by and between the MIAMI BEACH REDEVELOPMENT AGENCY, whose address is 1212 Fifth Street, Miami Beach, Florida, hereafter referred to as "Agency, " ; ENVIRONMENTAL PLANNING INSTITUTE, INC. , whose address is 5151 Collins Avenue, Miami Beach, Florida, 33140 , hereafter referred to as "EPI" ; and the CITY OF MIAMI BEACH, a Florida municipal corporation, hereafter referred to as the "City. " WITNESSET H: WHEREAS, the parties acknowledge the following facts to exist: (A) The Agency is a governmental authority created under the provisions of Florida Statutes Chapter 163 (the Community Redevelop- ment Act of 1969) by the City of Miami Beach for the purposes of planning and ultimately implementing a redevelopment plan more fully referred to hereafter. (B) A plan for redevelopment was submitted and approved by the City Council at the City of Miami Beach on the 2nd day of March, 1977 by Resolution No. 77-15283, and 'amended March 30, 1977 by Resolution No. 77-15291, which said Resolution and Amendment is made a part of this Agreement by reference whether attached or not. (C) The Agency is engaged in further and continuing planning activities in pursuance of the approved plan and requires, in order, to function and carry out its continued mission the services of a highly qualified and skilled planning consultant as hereafter more fully described. EPI has from the inception of the creation of this Agency performed consultant services, including the services described in Article (E) 2 hereafter. That the principal officer and stockholder of EPI, namely, Stephen A. Siskind, has been principal officer and sole stockholder from that date and will continue in such capacity with EPI . OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 The expeditious uninterrupted continuation of the planning process is vital to its successful completion in the public interest and the Agency finds in accordance with the provisions of FMC 74-4 Attachment 0 3C (6) (a) that public exigency will not permit the delay incident to advertising. (D) The funds being utilized for EPI ' s compensation as here- after set forth, as well as for other purposes, shall derive from City of Miami Beach Marina Bond Funds, appropriated by the City to the Agency for the uses and purposes herein referred to. Addi- tional funds may also derive in the future from Federal Department of Housing and Urban Development, Community Development Block Grant Funds allocated to the City of Miami Beach, Florida, and appropriated by the City to the Agency for the uses and purposes herein referred to and accordingly it is acknowledged and agreed that this Contract is entered into in compliance by the parties with: (1) Section 3 of the Housing and Urban Development Act of 1968 as amended. (12 USC 170 U) as more fully recited on Attach- ment I attached to this Agreement and made a part hereof; (2) The Equal Employment Opportunity requirements for contracts not subject to Executive Order 11246 as more fully set forth in Attachment II; (3) All applicable provisions of the following Federal regulations as they may apply to this Contract which said regula- tions are incorporated herein reference namely: Flood Disaster Protection Act of 1973 (P.L. 93-234) HUD Lead-Based Paint Regulations, 24 CFR Part 35 Clean Air Act, as amended, 42 USC 1857 et seq. Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq. Regulations of Environmental Protection Agency, 40 CFR Part 15, as amended Federal Labor Standards, 29 CFR Parts 3, 5 and 5a of Department of Labor Nondiscrimination Under Title VI of the Civil Rights Act of 1965 Federal Management Circulars, 74-4 and 74-7 Hatch Act (4) Due to the facts and circumstances more fully and specifically set forth in Section C above and in accordance with the provisions of Federal Management Circular 74-4 Attachment of, - 2 - OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 the Agency has chosen to secure this Agreement by negotiation as therein provided and subject to all restrictions therein contained. (E) The parties further acknowledge and agree that in the event of the curtailment or withdrawal of such funds for any reason, this Agreement may be cancelled by either party, and as otherwise provided hereafter. AND IN CONSIDERATION of the premises and mutual covenants this day entered into, it is hereby agreed: 1 . EMPLOYMENT AND TERM. Agency agrees to employ EPI and EPI agrees to be employed_by Agency on an hourly consultant basis retroactive to July 15, 1977, in accordance with all of the covenants, terms, conditions and provisions of this Agreement. The term of this Agreement shall continue until March 31, 1978 unless earlier terminated under its terms and subject to extension and modification as herein provided. 2. SCOPE OF EPI 'S SERVICES. The services to be per- formed by EPI shall relate solely to the Marina portion of the Redevelopment project (Phases lA and 1C) until determination of compliance with above Paragraph D, and shall be as follows: (a) Provide the continuing services of Stephen A. Siskind, President and sole stockholder of EPI, as for the operation of EPI in the performance of its services under this Agreement and to supervise and control EPI ' s activities hereunder. (b) To support the Agency' s continuing planning and marketing activities, to coordinate the securing of necessary govern- mental development permits, to develop the Agency' s acquisition and disposition program, to assist the Agency' s Director of Administration in developing and implementing a community information program, and to generally be responsible for planning the Agency' s development- related activities, including plan review and engineering design. Additionally, EPI agrees to supervise the services performed by employees and consultants selected and engaged by the Agency to perform planning; economics; environmental and marketing services. - 3 - OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 3 . COMPENSATION. In consideration for the provision of the services of Stephen A. Siskind as herein set forth, EPI shall be compensated for his time at the rate of Twenty-five Dollars ($25. 00) per hour, with payments to be made on a bi-weekly basis or at such other intervals as the parties may hereafter otherwise agree to in writing. The total amount of compensation to EPI by the Agency during any one bi-weekly period, however, shall not exceed a total of Two Thousand Five Hundred Dollars ($2, 500. 00) . In addition, EPI shall be entitled to be reimbursed for specific non-local Agency-related travel, including air and ground trans- portation and related costs plus lodging and meals. Said expenses may be incurred only with prior approval by Agency and otherwise in accordance with the Agency rules and regulations. It is expressly understood and agreed by the parties hereto that monies contemplated by this Agreement to be used for the payment compensation, in addition to funds from other sources, originate from grants of Federal Community Development funds. Accordingly, the parties acknowledge and agree to all restrictions, limitations which are imposed upon such grant of funds and which have been previously referred to, and incorporated in previous Sections of this Agreement whether specifically incorporated herein or not. It is expressly understood and agreed that in the event of curtailment of non-production of said Federal grant funds, that the financial sources for continuing to pay EPI ' s compensation will thereby terminate effective as of the time that it is determined that said funds are 'no longer available. In the event of such determination, EPI agrees that it will not look to the present or future members of the Agency as individuals for the performance of this Agreement and each of the parties hereto shall be released from further liability to the other under the terms of this Agreement. 4. ADDITIONAL RESPONSIBILITIES OF THE AGENCY AND EPI . Agency agrees to designate one of its members as a liaison with EPI in the performance by EPI of its responsibilities under this - 4 - OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 Agreement. Additionally, Agency shall make available to EPI adequate office space and furnishings, utilities, secretarial services and necessary equipment and supplies as needed by EPI in the performance of its services herein set forth, and that EPI shall reimburse the Agency for such space, furnishings, utilities, services and supplies in accordance with the Schedule attached hereto and made a part hereof and referred to as Attachment III. Said reimbursement shall be deducted at both prorated and direct costs on a bi-weekly basis. It is understood that Agency shall provide, at no cost to EPI , services of a copying, mailing, noticing and advertising nature which relate to the on-going function of the Agency. 5. TERMINATION. The Agency, or the City, by written notice to EPI, may terminate this Agreement, provided that said Notice shall be given not less than 30 calendar days prior to the effective date of termination. EPI, by written notice to the Agency, or the City, may terminate this Agreement, provided that said Notice shall be given not less than 30 calendar days prior to the effective date of termination. Upon termination for any reason it is agreed that EPI shall be entitled to that portion of its compensation earned but unpaid as of the effective date of termination. 6 . MODIFICATION AND EXTENSION. The parties agree that this Agreement may be modified as to scope and compensation and the term hereof may be extended by mutual agreement of parties which said Agreement shall be reduced' to writing and executed by the parties. 7. ENTIRE AGREEMENT. This document sets forth the entire Agreement between parties and each party represents to the other that there are no representations, promises or statements which have been made each to the other not embodied within the provisions hereof. - 5 - OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 IN WITNESS WHEREOF, we have hereunto set our hands and seals this 13th day of October, 1977 . MIAMI BEACH REDEVELOPMENT AGENCY lal✓ / By- ATTEST: -)11:11:64444:14Ad ENVIRONMENTAL PLANNING INSTITUTE, INC. By: /STEPHEN A.-151SKIND, as President and individually as to personal covenants or as applicable in -1/4.11;64444.44_, the context of this Agreement. /1/1147* CITY OF MIAM :EACH r,. J Arf .y: ayor City Clerk - 6 - • OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 ATTACHMENT I SECTION 3 CLAUSE The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to tbe'requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170u. Section 3 requires that to the greatest extend feasible oppor- tunities for training and employment be given lower income residents ' of the project area and contracts for work in connection with the project he awarded to business concerns which are located in , or . owned in substantial part by persons residing in the area of" the e, ,w project. D.' The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR, and all applicable rules and orders of. the Department issued there- under prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. Thecontractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labororganization of workers' representative of his commitments under. this Section 3 Clause and shall post copies of the notice in conspicuous places available to employees and applicants for employ- Ment or. training. 4 s The contractor will include this Section 3 Clause in every subcontract for work in connection with the project and will , at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR. The contractor will not subcontract with any subcontractor where it has notice or - knowledge that the latter has been found in violation of regulations under 24 CFR, and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR, and all applicable rules and orders of the Depart- ment issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its con- tractors and subcontractors, it successors, and assigns to those • sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR 135. . f '+ ATTACHMENT II EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTS NOT SUBJECT TO EXECUTIVE ORDER 11246 . . In carrying out the contract, the contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment,, without regard to their race, color, religion, sex, or national •origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection' for training, including apprenticeship. The contractor shall post in conspicuous places , available to employees and applicants for employment, notices to be provided by the Government setting forth the provisions. of this nondiscrimination clause. The contractor shall state that all qualified candidates will receive consideration for employment • without regard to race, color, religion, sex or national origin. /! t ATTACHMENT III REIMBURSE*?F•� SCHEDULE OF -- The following pro-rated facility costs sha' bt. from EPI fees on a bi-weekly basis ; Item Office space ;7 ,23 Furniture rental 9•OU Utilities ainten ante 130 , 97 The direct cost of all office supplies .� -rvices p provided as p c h the Agency at. u=� '.._ze� :,j• ;N• . .,m E ��:es ata 0, :��.-tv�e4t�• b�.., is shall also be deducted from T ORIGINAL RESOLUTION NO. 77-15448 (Authorizing Consultant Agreement by and between Miami Beach Redevelopment Agency;the Environmental Planning Institute, Inc. ; and the City of Miami Beach) IIII . . _ .. .,_ , ,.. .. _ _ . . .,... _ ..., _ , _,_ . ..., , _ , . ,, . . . . _ .. _.. _ , . , _ _ . 1111111111 , . , _ , __ , _ , . . _ . . ____ , _ _ .. .. , _ ,