Loading...
HomeMy WebLinkAboutR-90-0076ii 9 J-90-117 01/25/90 RESOLUTION NO. 90- 0076 A RESOLUTION, WITH ATTACHMENT, RATIFYING, APPROVING AND CONFIRMING THE ACTIONS OF THE CITY MANAGER IN ENTERING INTO AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH AMY H. JORDEN, FOR THE PURPOSE OF PROVIDING ADMINISTRATIVE ASSISTANCE TO THE MAYOR AT A COST NOT TO EXCEED $6,000, WITH FUNDS THEREFOR ALLOCATED FROM BUDGETED FUNDS OF THE OFFICE OF TEE MAYOR. WHEREAS, the City desired entering into a professional services agreement to provide media relations/administrative assistance for the Mayor; and WHEREAS, the City acknowledged that such services would represent a significant area of interest and impact upon the City; and WHEREAS, Amy H. Jorden expressed a desire to perform the required services needed; and WHEREAS, the funds necessary for the execution of this agreement are available in budgeted funds of the Office of the Mayor; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute a professional services agreement, in substantially the attached form, with Amy H. Jorden, to provide administrative assistance to the Mayor, with funds therefor hereby allocated in an amount not to exceed $6,000 from budgeted funds of the Office of the Mayor. Section 2. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 25th day of Jan , 1990. ATTEST: CAVIER UAREZ, AYOR Z:56-41(1�u xw-� RATEY HIRAI, CIVrY CLERK CITY Cp MEETING pr JA� �6 >OLUTION No, BARKS: a PREPARED AND AP P OVED BY: MINE HUMBERTO HERNANDEZ ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: .r JO GE F RNANDEZ CITY ATTO EY HH:yv:M1363 - 2- S 'PROFESSIONAL SERVICES AGREc'RIENT This Agreement entered Into this jOth day of October, 1989, by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to us "CITY", .and Amy H. Jorden, an individual, hereinafter referred to as "CONSULTANT." RECITAL: WHEREAS, the CITY is most desirous of having the CONSULTANT represent it in the area of Media Relations/Administrative Assistant for the Mayor which represent a significant area of a interest and impact upon the CITY. 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: I TERM: The term of this Agreement shall be from October 0, 1989 through December 30, 1989. SCOPE OF SERVICES: CONSULTANT shall handle Media Relations and Administrative duties for the Mayor for the term stated above. (a) Represent the Mayor to organizations and functions. This incluues welcoming visitors dignitaries and the coordinating of meetings. (b) Utilize personal expertise to expedite the interaction of City of Miami departments with the private sector. (c) Keep regular contact with Public Affairs :snd Media Representatives (err similar persons). (d) To represent the Mayor at various functions as requested. (e) To report directly to the Mayor and/or City Commission as directeu. (f) To become: activeiy related to iI (a-f). involved wita all other matters iEN QRf u#i ..�•. tvn Furti MO. PRASE ICBM AS (g) To become actively involved with all matters as di- rected by the Mayor. iII - COMPENSATION:74 A. CITY shall pay CONSULTANT, as maximum compensation for - the services required q pursuant to Paragraph II hereof, F� -_ $j,000.00 (Three Thousand Dollars), per month. B. Such compensation shall be paid upon completion of the contract. C. CITY shall have the right to review and audit the time zz- records and related records of CONSULTANT pertaining to - — any payments by the CITY. - IV COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Both parties shall comply with all applicable laws, ordinances and codes of federal, state and local governments. GENERAL CONDITIONS: A. RP V All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personiAl service, or by registered mail addressed to the other party at the address indicated herein or as tare 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 '11AMI Mayor's Off ice 3500 Pan American Dr. Miami, Florida C014SULTAIIT Achy H. Jorden 2427 Fisher Island Dr.' Fisher Island, F1. J.009 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 Lontairreu in any attached documents, the terms in this Agreement shall -2- D. No waive, breach F an rovision ' this Agreement .)r reac 1 o y p g 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. Shoula 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 molifiable 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. VI 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 II hereof and shall become the property of C:7Y, 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 furtiier 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 CUNSULTANT 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. -3- A. 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. Vill AUDIT RIGHTS: CM reserves the right to audit the records of C014SULTANT at any time during the performance of this Agreement and for a period of one year after final payment is made under this - Agreement. IX AWARD OF AGREEMENT: _- CONSULTANT warrants that it :lag 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. X CONSTRUCTION OF AGREEMENT: This agreement shall be construed and enforced according to the laws of the State of Florida. XI SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. XI i INDEMNIFICATION: CONSULTANT shall pay on behalf of, defend, indemnify and � save CITY harmless from and against any and all claims, -4- liabilities, loaseo", and causes of action whivn may arise out of - CONSULTANT's activities under this Agreement, including all other acts or oraissions 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 olaims, or in the Investigation thereof. _ XIII CONFLICT OF INTEREST: A. CONSULTANT covenants that no person under its employ who w 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 suuh 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 small fully comply in all respects with the terms of said laws. Xiv IN➢EPEN➢ENT CONTRACTOR: CONSULTANT and its 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 tie/she i shall not be deemed entitled to the Florida Workers' Compensation benefits as an employee of CITY. X y c v TERMINATION OF CONTRACT: -Et CITY retains the right to terminate this Agreement at any. -�° time prior to the completion of the services required pursuant to paragraph II 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 caSG, however, will CITY pay CONSULTANT an amount in excess of the total sum provided by this Agreement. A 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 a default, then CITY shall in no way be obligated and shall not pay to CONSULTANT any sum whatsoever. v XVI 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. Xvii MINORITY PROCUREMENT COMPLIANCE: CONSULTANT acknowledges tliat it has been furnished a copy of Ordinance No. 10538, 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. XVII.I CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of fund3 and continued authorization for programs activities and Is subject to amendment or termination due to lack of funds, or authorization, reduction of funds, and/or change in regulations. XiX 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. XX 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 of effect. XXI AMENDMENTS: No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. IN WA'TNESS WHEREOF, the parties hereto ilave caused this instrument to be executed by the respective officials thereunto duly authorized, this the day and year first above written. 3 + � (;I ry tip" �Z", a tiiCipc 1 Corporation of the STATE of ATTEST: Florida RATTY HIRAI - City Clerk WITNESSES: s to C0N3ULTAN APPROVED AS TO INSURANCE REQUIREMENTS: poll SEGUNDO . PERE Insura ee Coo rnator dla y_ CESAR H. ODIO City Manager CONSULTANT: Amy H. Jorden jj/ln,d, ) By Amy . Jo den *PPROVED AS TO FORM AND CORRECTINESS: [)Of %� JOR E L. FE NANDEZ Cit At ey J ry f i --• •# — ^� k� 41 F_ it ��y'k 1 M A RESOLUTION AUTHUit1•Z11M., THE 01TY RAWER TO JIMMOY INDIVIDUALS OR FIRMS ON A CONTRACTUAL TASK RELATED BASIS IN LIEU OF HIRING FULL TIME OR PART TIME P.MP7.r0YER*q TAOVIllED TOAT SUCH CONTRACTUAL RELATM SERVICES AAA WITHIN THR CURRENTLY ADOI)TED APPROPRIATIONS OF THR • CITY OF MTA142. WJIBj EAS, t1i(s City annually adopts ar! aapproprintiona Ordinauoo providing for peruonnel norvimen: and c. WHEREAS, the. City Co mmina lon 1A desirous of reduoing the ooUt of govornment to citi?onn of the City of Miami without 1000 of nervioe8: and KIIEREAS , the City Manager ' liar. determined t hmt oartain effloionoles oan be obtained through the avcluia ltion of p©raonnol nervioca on a oontrauwal taFtk welatod: NOW, THEREFORE, M IT RE OLVED I)Y THE COMISISSION OF THE 01TV = OF. HIAMI, FLORIDA: Sootion a. The City Manager lu hereby authorired t0 employ tndividualc or firms on a oontraot;ual task rotated basic in lieu of hiring full time or part time employoou provided that suoh oontrmotual. tank related cervices" are within: the ourrently adopted aypropriationr, of tho City or Miami. PASSED AND ADOPTED ti,ia...70h _(lay or__.OLt:aber. �� 1080. ATTE " NATTY 91RAI CITY CLERK XAVIER L. SUAR' MAYOR CITY COMMM QRDJr OCTMEETING or 1 146 MOLUxloft a RCWARK:: .71 PROFE3"310NAL ")EHVICE3' AGREEMENT F This Agreement entered into this 30th day of October, 1989, by and between the City of Miami, a municipal corporation of the =- State of Florida, hereinafter referred to as "CITY", and Amy Ii. Borden, an individual, hereinafter referred to as "CONSULTANT." 3 RECITAL: WHEREAS, the CITY is most desirous of having the CONSULTANT represent it in the area of Media Relations/Administrative Assistant for the Mayor, which represent a significant area of Interest and impact upon the CITY. NOW, THEREFORE in consideration of the mutual covenants and - obligations herein contained, and subject to the terms and conditions hereinafter staled, the parties hereto understand and agree as follows: - TERM: The term of this Agreement shall be from October 30, 1989 through December '>0, 1989. _ 717 1I SCOPE OF SERVICES_: CONSULTANT shall handle Media Relations and Administrative duties for the Mayor for the term stated above. - (a) Represent- the Mayor to organizations and functions. "- i This includes welcoming visitors dignitaries and the coordinating _ Of meetings. _ (b) Utilize pc:rsoraal expertise to expedite the interaction of City of Miami departments with the private sector. _ (e) Keep regular contact with Public; Affairs` and Media Representatives (or similar persons). (d) To represent the Mayor at various functions as requested. (e) To report directly to the 1,1ayor and/car City Comra:ission as directed. (f) To become; actively involved Nita related to 11 (a-f). y To bccom,.! actively involvc;d with all mattNrs as (11- - rerted by the Mayor. _ COMPENSATION: A. CITY shall pay C0110ULTANT, as rnaxiinurn compensation for - -` the services required pursuant to Paragraph II hereof, - $j,000.00 (Three Tnousand Dollars), per month. - B. Such compensation shall be paid upon completion of the contract. C. CITY shall have: the right to rQv iew and audit the titne records and related records of CONSULTANT pertaining to any payments by the CITY. IV COMPLIANCE WITH FEDERAL.,STATE_AND_LOCAL LAWS: Both parties shall cornp1y with all applicable laws, ordinances arid codes of federal, state and local governments. V GENERAL CONDITIONS: A. All notice::a or other communications welch shall or may _ be given pursuant to this Agreement shall be in writing and shall be delivered by personal uervice, or by registered mail addressed to the other party at the address indicated herein ur 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 Mayor's office Amy It. Jordan ;5UO Pan American Dr. 2427 Fisher Island Dr. Kiarni, Florida ; ,, I jj Fisher Island, Fl. 3IU9 B. Title; and paragraph headings are for convenient reference grid are not a part of this Agreement. C. In the event of conflict between the terms of this Agreviaent and any terns or conditions contained in any 4 attached documents, the ter►as in this Agreement shall ruler. -2- moll N11111NE - D. Ho 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 la►as 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. V1 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 parabraph ti hereof and shall become the property of CITY, without restriction or limitation on its use. CUNSULTANT agrees that all documents maintained and generated pursuant to this contractual relationship between CITY and C0113ULTANT shall be subject to all provisions of the Public Records Law, Chapter 119, Florida itatutes. 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. -S- VII 11 NONDELEGABILITY: That the obligations undertaken by COIiaULTANT 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. Vill 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. Ix AWARD OF AGREEMENT: CONSULTANT warrants that it !ias 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. x CONSTRUCTION OF AGREEMENT: This Agreement shall be construed and enforced according to the laws of the State of Florida. xI SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. x1i INDEMNIFICATION: CONSULTANT shall pay on buhalf of, defend, indemnify and save CITY harmless from and against any and all claims, Mc liabilities, l.osseg, and causes of action which may arise out of CON,ULTANT's activities under this Agreement, including all other acts or omissions to act on the part of COtJ:IULTANT, 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 defonse of any such claims, or in the investigation thereof. XIII 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 t4iami (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 tercns or said laws. Xi:V INDEPENDENT CONTRACTOR: CONSULTANT and its 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 lie/she shall not be deemed entitled to the Florida Workers' Compensation benefits as an employee of CITY. _5_ X 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 II 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. XVI NONDISCRIMINATION: CONSULTANT agrees that it shall not discriminate as to race, sex, color, creed, national origin, or handicap in connection with its perfor►aance 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. XVII MINORITY PROCUREMENT COMPLIANCE: CONSULTANT acknowledges that it has been furnished a copy of Ordinance: No. 10538, 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. XV 111 CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for programs activities and Is subject to amendment or termination due to lack of funds, or authorization, reduction of funds, and/or change in regulations. XIX DEFAULT PROVISION: In the event that C0113ULTA14T shall fail to comply with each and every terra 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. XX 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 of effect. XXI 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. I ATTEST: MMA1TY HIRAI City Cleric WITNESSES: s to CONSULTAN 11 APPROVED AS TO INSURANCE REQUIREMENTS: SEGUNDO K. PERE Insuratce Coo 1nator dla CITY OF 14IAMI0 a municipal Corporation of the STATE of Florida By CESAR H. ODIO City Manager CONSULTANT: Amy H. Jorden By Amy Jo den APPROVED AS TO FORM AND CORRECTINESS: 101 JOR E L. FL' NANDEZ Cit Att ey