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,
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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.
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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
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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.
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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
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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
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