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HomeMy WebLinkAboutR-85-0317A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MARILYN F. REED FOR PROFESSIONAL CONSULTANT SERVICES IN THE AREA OF ENVIRONMENTAL EXPERTISE CONCERNING LEGISLATIVE AND ADMINISTRATIVE ACTIVITY WHICH IMPACTS THE EXERCISE OF JURISDICTION BY THE CITY; ALLOCATING THEREFORE AN AMOUNT NOT TO EXCEED $19,000 FOR SUCH SERVICES AND AN ' AMOUNT NOT TO EXCEED $9,000 FOR ' REIMBURSABLE EXPENSES FROM SPECIAL PROGRAMS AND ACCOUNTS CONTINGENT FUND. WHEREAS, Motion 84-139 passed and adopted on February 9, 1984 authorized and directed the City Manager to develop an agreement for Marilyn Reed to provide certain services to the City; and WHEREAS, the City Manager and Marilyn Reed provided legislative consultant services for the 1984 session of the state legislL:;ure; and WHEREAS, Marilyn Reed has great expertise in environmental issues and legislation that affect the City of Miami; and WHEREAS, The City has a great interest in said issues because of its proximity to Biscayne Bay and the Miami River; and WHEREAS, the legislature will be targeting sensitive growth management issues in its 1985 session; and WHEREAS, it is now both appropriate and in the best interests of Miami to continue the legislative and environmental consulting services services of Marilyn Reed; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF M I AM I , FLORIDA: CITY COMMISSION MEETING Or MAR 281985 ws no. 85-31' REMARKS. Section 1. The City Manager is hereby authorized to execute an ' agreement, in substantially the attached form, with Marilyn F. Reed for professional consultant services in the area of environmental expertise concerning legislative and administrative activity which impacts the exercise of jurisdiction by the City. 3 Section 2. An amount not to exceed $19,000 is hereby allocated for said agreement together with an additional amount not to + exceed $9,000 for reimbursable expenses under said agreement from Special Programs and Accounts, Contingent Fund. PASSED AND ADOPTED this 28th day of MARCH , 1985. ATTEST: LPH G. ONGIE, CITY CLERK LEGAL REVIEW: Rv-AaA ROBERT F. CLARK DEPUTY CITY ATTORNEY APPROyPD A,S'Tja..FORM AND CORRECTNESS: LUCIA A`. " OUGH CITY ATTORNEY - 2 - MAURICE A. FERRE M A Y O R 85-31`- Y i 7 i i Y tr ��`� PROFESSIONAL SERVICES AGREEMENT This Agreement is entered into this day of , 1985, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida (hereinafter referred to as "CITY"), and MARILYN REED, an individual (hereinafter referred to as "CONSULTANT"), for professional services rendered by CONSULTANT for and on behalf of CITY as (1) special environmental legislative lobbyist, and (2) environ- mental consultant, as set out more specifically below: WITNESSETH: WHEREAS, the City Commission on February 9, 1984, by Motion M84-139, indicated its desire for CONSULTANT to represent CITY in certain areas of special environmental expertise concerning legislative and agency staff proposals, committee bills, numbered 1 House and Senate bills, amendments and revisions, all to be considered by the 1985 legislature, and which could either adversely affect the authority of CITY or which are of special interest to CITY; and WHEREAS, CITY has indicated its desire to obtain CONSULTANT's specialized advice, as -needed representation and continuing consulting services, all relating specifi- cally to environmental permitting laws and regulations (including but not limited to Army Corps of Engineers (ACOE), Florida Department of Environmental Regulation (FDER), Florida Department of Natural Resources (FDNR), and Department of Environmental Resource Management (DERM)) as they apply to development, planning, and waterfront projects in and along Biscayne Bay and its tributaries within CITY's jurisdiction, and to assist various CITY departments in the environmental permitting, regulation, planning, and coordinating process as well as identifying grant money appropriate for CITY application under environmental laws; and WHEREAS, the Florida legislature is and will continue to be considering important growth management and environmental legislation that will affect CITY as it applies to CITY -wide development and planning, and to waterfront projects in and along Biscayne Bay and its tributaries within CITY's jurisdication, the 1985 legislative growth management package, including but not limited to Development of Regional Impact revisions (Chapter 380), Coastal Management Element, a Coastal Conservation Element, revisions to Coastal Development and to Local Government Comprehensive Planning Act (Chapter 163), Capital Improvements, Housing, Local Zoning, State Minimum Building 85--31'7 V a z a M Code for Coastal Construction (Chapter 553), a Model Building Code, Coastal Barrier Construction Codes, Sub State District proposals, Local Government Infrastructure and Funding, State and Regional Master Land Use Plan, and Guidelines for Local Government; and WHEREAS, CONSULTANT has special capabilities and knowledge regarding the above enumerated proposed legislative actions and needs of CITY; NOW THEREFORE, in consideration of the mutual promises, covenants, and obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: ARTICLE I TERM A. The term of this Agreement shall be from January 1, 1985, through December 31, 1985. This Agreement may be extended as necessary, as determined by the City Manager. B. CITY retains the right to terminate this Agreement for cause and upon 30 days written notice to CONSULTANT, at any time prior to the completion of the services required herein without penalty to CITY. In that event, notice of termination of this Agreement and reasons therefore shall be given in writing to CONSULTANT. CONSULTANT shall be paid for those services performed prior to the date of termination. In no case, however, will CITY pay CONSULTANT an amount in excess of the total sum provided by this Agreement. C. CONSULTANT may terminate this Agreement upon 30 days written notice for any reason whatsoever without penalty of any kind to CONSULTANT. In that event, CITY shall make all payments due to CONSULTANT for services performed prior to the date of termination, as per the regular payment schedule. A 11 T1/-1 C IT SCOPE OF SERVICES CONSULTANT shall provide the following services: A. Legislative/Lobbying Service: I. Representation Service Represent CITY in certain areas of special environmental expertise concerning legislative, agency, and staff proposals, committee bills, numbered House and Senate Bills to be considered by the 1985 Florida State Legislature which either could adversely affect the authority of CITY, or are of special interest to CITY. This service specifically includes action on behalf of CITY during the 1985 legislative session and 2 85-317 i before appropriate committees prior to and during the 1985 legislative session having to do with environmental and growth management laws and bills that may adversely affect CITY's interest, authority, or special concern. This service may include other actons or representations within CONSULTANT's area of environmental regulation expertise that CITY Commission and/or City Manager shall direct, including but not limited to Cabinet meetings, Cabinet task force meetings, State agency and task force meetings where CITY needs representation and where actions l i taken may directly or indirectly affect CITY by such action. I 2. Coordination of Services CONSULTANT shall coordinate with, assist, and maintain liaison with CITY's full-time legislative liaison to Tallahassee on all environmental C bills that are of concern to CITY prior to and during the regular 1985 legislative session in Tallahassee. CONSULTANT shall coordinate with and carry out directions of CITY's full-time legislative liaison with regard to reporting to and counseling of officials, legislative strategy and development of legislative issues for Commission approval, B. Environmental Consulting Service: 1. CONSULTANT shall advise, inform, and consult with CITY officials on environmental regulations and associated subject matter affecting CITY on an as -needed basis. 2. CONSULTANT shall, on a continuing basis, monitor other government (state, federal, and county) actions related to environmental regulation 1 that affect CITY, and to timely report such actions to appropriate CITY officials for action necessary to protect CITY's interests. 3. CONSULTANT shall be available on a continuing basis to the City Y Manager or his designee, CITY boards and various department heads and/or staff, including but not limited to the departments of Public A Works, Planning, Parks and Recreation, Waterfront/Marine, Special Projects director, as necessary, to assist, advise, consult with, help coordinate or act as liaison to programs that involve environmental regulation and associated matters within CONSULTANT's knowledge and i expertise. C. Availability: 1 I. CONSULTANT will also be available, on call, at the discretion of the a City Manager or City Commission. It is understood however, that it is .j 77 I 3 85-31'7`. not the intention of this agreement that CONSULTANT will work full time. The actual time spent will be dependent upon the demands of the job objectives. A n rTt-1 C ,,, COMPENSATION FOR SERVICES AND REIMBURSEMENT OF EXPENSES A. For out of town work performed in Tallahassee pursuant to Article II, Section A including legislative committee meetings. hearings, and conferences prior to the regular legislative session and work performed during the full legislative session for 1985: (1) all expenses incurred by CONSULTANT in performance of her duties, including transportation, lodging, meals, fees, and local and long distance calls, are to be reimbursed by CITY to CONSULTANT. ' (2) compensation for personal services shall be on a per diem basis at the rate of $225.00 per day for each day spent traveling to or from Tallahassee, and for each day spent in Tallahassee. B. Other out-of-town work CITY, the City Manager or his designee may direct, desire, or need during the term of this Agreement: (1) all expenses incurred by CONSULTANT in performance of her duties, including transportation, lodging, meals, fees, and local and long distance calls, are to be reimbursed by CITY to CONSULTANT. (2) compensation for personal services shall be on a per diem basis at the rate of $225.00 per day for each day spent traveling to or from Tallahassee, and for each day spent in Tallahassee. C. For consulting services as set out in Article II, Section B, i.e., consultant work D. q E. `3 i performed on a local, continuing and as -needed basis: (1) all expenses incurred by CONSULTANT in performance of her duties, including long distance calls, are to be reimbursed by CITY to CONSULTANT. (2) Compensation for personal services shall be paid at the rate of $400.00 per month, in advance. Total compensation, including reimbursement of expenses, for 12 months of this Agreement in A, B, and C above shall not exceed $28,000. (1) Payments as described in Section AM, A(2), B(1), B(2), and C(l) shall be made monthly within ten (10) days of receipt of an itemized invoice for the work and expenses incurred during the previous month. (2) Payment as described in Section C(2) shall be made monthly, in advance, LA 85-319 9 beginning June 1, 1985, and continuing each month thereafter through December 1985. F. During the term of this Agreement and for one year thereafter, CITY shall have the right to review and audit CONSULTANT's time records and other records related to the subject of this Agreement and pertaining to any payments by CITY. ARTICLE IV INDEPENDENT CONTRACTOR CONSULTANT shall be deemed to be an independent contractor, and not an agent or employee 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 she shall not be deemed entitled to the Florida Workers' Compensation benefits as an employee of CITY. A D IM- 1 C v NONDELEGABILITY 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. ADTif`l C'L/i AWARD OF AGREEMENT CONSULTANT warrants that she has not employed or retained any person employed by CITY to solicit or secure this Agreement and that she has not offered to pay, paid, or agreed to pay any person employed by CITY any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. ARTICLE VII CONFLICT OF INTEREST 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 shall fully comply in all respects with the terms of said laws. However, nothing contained herein shall prevent CONSULTANT from participating in other personal or professional activities or service agreements for or with any agency, organization, or individual, provided same does not create an actual conflict of interest with CITY. CONSULTANT shall timely inform CITY of such professional participation. 5 85-317 beginning June 1, 1985, and continuing each month thereafter through December 1985. F. During the term of this Agreement and for one year thereafter, CITY shall have the right to review and audit CONSULTANT's time records and other records related to the subject of this Agreement and pertaining to any payments by CITY. ARTICLE IV INDEPENDENT CONTRACTOR CONSULTANT shall be deemed to be an independent contractor, and not an agent or employee 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 she shall not be deemed entitled to the Florida Workers' Compensation benefits as an employee of CITY. ARTICLE V NONDELEGABILITY 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. ARTICLE VI AWARD OF AGREEMENT CONSULTANT warrants that she has not employed or retained any person employed by CITY to solicit or secure this Agreement and that she has not offered to pay, paid, or agreed to pay any person employed by CITY any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. ARTICLE VII CONFLICT OF INTEREST 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 shall fully comply in all respects with the terms of said laws. However, nothing contained herein shall prevent CONSULTANT from participating in other personal or professional activities or service agreements for or with any agency, organization, or individual, provided same does not create an actual conflict of interest with CITY. CONSULTANT shall timely inform CITY of such professional participation. 5 85•-31'7 ARTICLE VIII OWNERSHIP OF DOCUMENTS All documents developed by CONSULTANT under this Agreement shall be delivered to CITY by CONSULTANT upon completion of the services required herein, and shall i 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. i Any information, writings, maps, contract documents, reports or any other matter whatsoever given by CITY to CONSULTANT pursuant to this Agreement (excluding a copy of this Agreement properly executed by CITY) 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. ARTICLE IX SUPPORT SERVICES In the event that clerical or secretarial services are necessary for theepreparation of any correspondence, memoranda, or reports, said services will be provided as reasonably necessary by the office of the City Manager or as he otherwise designates; but it is further understood these services will be provided at City offices. A n IM-1 C v INDEMNIFICATION Because of the complexity of services to be performed and CONSULTANT's association with CITY, it is agreed that in the event any action related to this agreement is taken against CITY or CONSULTANT, CITY will provide full legal counseling, representation, and defense against such actions, and shall indemnify CONSULTANT against any claim, liability, loss or cause of action, and from and against any orders, judgments, or decrees which may be entered, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof, unless CITY proves that CONSULTANT acted with malice and intent to injur. ARTICLE XI 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 or certified mail, addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such b 85-31'7 i 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 Marilyn Reed 3500 Pan American Drive 3183 McDonald Street P. O. Box 330708 Coconut Grove, Florida 33133 Miami, Florida 33133 B. Both parties shall comply with all applicable laws, ordinance and codes of —' federal, state and local governments. 1 i C. Title and paragraph headings are for convenient reference and shall not be construed as a part of this agreement. D. 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. E. 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. 1 F. Should any provisions, paragraphs, sentences, words or phrases contained in i this Agreement be determined by a court of competent jurisdiction to be i ' 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. G. CONSULTANT shall not discriminate as to race, sex, color, creed, or national origin in connection with her performance of this Agreement. H. CONSULTANT has been furnished a copy of Ordinance No. 9775, the Minority Procurement Ordinance of the City of Miami, and shall comply with all applicable substantive and procedural provisions therein, including any amendments thereto. I. No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. J. This Agreement shall be construed and enforced according to the laws of the State of Florida. K. This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. 7 85-31'7 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, this the day of , 1985. ATTEST: RALPH G. ONGIE CITY CLERK WITNESSES: CITY OF MIAMI, a municipal Corporation of the State of Florida By: CITY MANAGER CONSULTANT: MARILYN REED, an individual By: ' MARILYN REED /:,.� ; J-elf•. /�,