2000-23904 RESO
RESOLUTION NO. 2000-23904
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A FIRST AMENDMENT TO AN EXISTING
PROFESSIONAL SERVICES AGREEMENT WITH SIEMON & LARSEN
TO PERFORM ADDITIONAL LEGAL SERVICES RELATED TO THE
CONCURRENCY MANAGEMENT SYSTEM (CMS) AND
TRANSPORTATION CONCURRENCY MANAGEMENT AREA (TCMA)
ORDINANCES, AS WELL AS THE TCMA AMENDMENTS TO THE
MIAMI BEACH COMPREHENSIVE PLAN; AND FURTHER
APPROPRIATING $5,000 IN CONCURRENCY MITIGATION FUNDS FOR
THE AMENDMENT PURPOSES.
WHEREAS, on August 14, 1998, the City Manager executed a Professional Services
Agreement with Siemon & Larsen, in the amount of$9,999, for the performance oflegal services
related to the Miami Beach Automated Concurrency Management System (CMS), being developed
by Carr Smith Corradino; and
WHEREAS, additional legal assistance, above and beyond the original Scope of Services,
needs to be provided in the near future regarding the CMS and its related Transportation
Concurrency Management Area (TCMA) ordinances, as well as the TCMA amendments to the
City's Comprehensive Plan; and
WHEREAS, the additional Scope of Services is herein attached as Exhibit "A-I" to the
proposed First Amendment to the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby authorize the Mayor and City Clerk to execute a First Amendment to the
Professional Services Agreement with Siemon & Larsen, dated August 14, 1998, to perform
additional legal services related to the Concurrency Management System (CMS) and Transportation
Concurrency Management Area (TCMA) ordinances, as well as the TCMA amendments to the
Miami Beach Comprehensive Plan; and further appropriate $5,000 in concurrency mitigation funds
for the Amendment purposes.
PASSED AND APPROVED this the 10th of
May
, 2000.
ATTEST:
if G1-t \ d fitt dL-
CITY CLERK
111
MAYOR
APPROVED AS TO
FOR1V\ & LANGUAGE
& FOR EXECUTION
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.f1.us
COMMISSION MEMORANDUM NO. 3S 2 -00
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: May 10, 2000
FROM:
Lawrence A. Levy ~
City Manager
SUBJECT:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A FIRST AMENDMENT TO AN EXISTING
PROFESSIONAL SERVICES AGREEMENT WITH SIEMON & LARSEN
TO PERFORM ADDITIONAL LEGAL SERVICES RELATED TO THE
CONCURRENCY MANAGEMENT SYSTEM (CMS) AND
TRANSPORTATION CONCURRENCY MANAGEMENT AREA (TCMA)
ORDINANCES, AS WELL AS THE TCMA AMENDMENTS TO THE
MIAMI BEACH COMPREHENSIVE PLAN; AND FURTHER
APPROPRIATING $5,000 IN TRAFFIC MITIGATION FUNDS FOR THE
AMENDMENT PURPOSES.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
As authorized by the City Code, on August 14, 1998, the City Manager executed a Professional
Services Agreement with Siemon & Larsen, in the amount of $9,999, for the performance of
emergency legal services related to the Miami Beach Automated Concurrency Management System
(CMS), being developed by Carr Smith Corradino. Originally, these services were to be performed
by the City Attorney's legal staff, who subsequently realized they lacked the degree of expertise
required by the task and recommended Siemon & Larsen as the best suited firm to provide the
specialized growth management-related legal services needed by the City.
Additional legal assistance, above and beyond the original Scope of Services, need to be provided
in the near future regarding the CMS and its related Transportation Concurrency Management Area
(TCMA) ordinances, as well as the Comprehensive Plan amendments regarding TCMAs. The
additional Scope of Services is herein attached as Exhibit "A-I" to this first and last amendment to
the agreement with Siemon & Larsen, which shall not exceed $5,000 in cost.
The Administration recommends approval ofthe Resolution, which also includes the appropriation
of$5,000 i~fiC mitigation funds for the purposes of this amendment.
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FUNDING APPROVED
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nd Budget
AGENDA ITEM C. I 'f
DATE 5--10 - LX)
FIRST AMENDMENT TO
EXISTING AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND SIEMON & LARSEN
TO PERFORM ADDITIONAL SERVICES REGARDING
THE CMS/TCMA ORDINANCES AND COMPREHENSIVE PLAN AMENDMENTS
THIS FIRST AMENDMENT to Agreement dated August 14, 1998, is made this /t) fA day
of 14 '!l ' ~, by and between tbe CITY OF MIAMI BEACH, FLORIDA (City), which
term shal mclude Its offiCials, successors, legal representatIves, and aSSIgns, and SIEMON &
LARSEN (Consultant).
NOW, THEREFORE, in consideration of mutual covenants and mutual promises hereafter
exchanged and other good and valuable consideration, the receipt of which is hereby acknowledged,
the City and Consultant agree as follows:
1. SECTION 2 of the Agreement, entitled "Scope of Work and Services Required," and
Exhibit A thereto, are herein amended to incorporate the proposal attached to this First Amendment
as Exhibit A-I, to provide the following:
a) Additional presentations ofthe Concurrency Management System (CMS) and
Transportation Concurrency Management Area (TCMA) ordinances, and
Comprehensive Plan amendments at City workshops and hearings; and
b) Further legal assistance in the redrafting of the CMS and TCMA ordinances
and Comprehensive Plan amendments; and
c) Miscellaneous legal planning and direction concerning issues involved in the
CMS and TCMA ordinances and Comprehensive Plan amendments; and
d) Legal assistance with the final CMS and TCMA ordinances and
Comprehensive Plan amendments, once adopted, if needed.
2. SECTION 3.1 of the Agreement, entitled "Fixed Fee," is herein amended to read as
follows: Consultant shall be compensated for the Services performed herein on a fixed fee basis of
Five Thousand and 00/1 00 Dollars ($5,000), for providing the services as set forth in Exhibit "A-l"
hereto.
4. Except as modified herein, all other terms and conditions ofthe Agreement are hereby
ratified and confirmed.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to the
Agreement to be executed by their appropriate officials, as of the date first entered above.
FOR CITY:
ATTEST:
CITY OF MIAMI BEACH, FLORIDA
BY:~ rlut~
City Clerk
By:
1JI
Mayor
FOR CONSULTANT:
ATTEST:
SIEMON & LARSEN
By: ~ l. \ L\ I) (~; I
_gecrctary
(LciAt .) \.
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By:
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Partner '
Corporate Seal
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A:\LARSEN#I.AMD/AJ
APPROVED AS TO
FOR,\A & LA.NGU,t,C:{;
& FOR EXECUT!ON
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APR. 27.2000 8:58AM
SIEMON & LARSEN
NO. 488
P.2
EXHIBIT" fA-i-
SCOPE OF SERVICES
This Scope of Services is an amendment to th.e Soope of Services provided in the Contract betweell
Siemon & Lar~en and the City of Miami Beach d.ated August 14. 1998:
Tasl{ 1.
Additional presentations of the concurrency management ordinance, transportation
concnrrency managemel1t area eTCMA") and comprehensive plan amendments at
City workshops and hearings.
Task 2.
Further assistance in the redrafting of the concllrrency management oIdinan~e,
TCMA and comprehensive plan amendments.
Tasl,3.
Providing miscellaneous legal, pla1wng and direction concerning i~Slles involved in
the concurrency management ordi,nance, TCMA and comprehensive plan
amendments.
Tasli 4.
Assistance in preparation of final concurrency management ordinance, TCMA and
comprehensive plan amendments, once adoptee!. if needed.