HomeMy WebLinkAboutR-84-0483J-84-414
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RESOLUTION NO. 84-483.
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO NEGOTIATE A CONTRACT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH
RICHARD ROSICHAN TO SERVE AS THE
DIRECTOR OF THE COMMITTEE FOR
"RESPONSIBLE BONDS FOR PEOPLE AND
PARKS"; ALLOCATING THEREFOR AN AMOUNT
NOT TO EXCEED $10,000 FOR SUCH
SERVICES FROM SPECIAL PROGRAMS AND
ACCOUNTS CONTINGENT FUND.
WHEREAS, the City Commission, on April 5, 1984, directed the
City Manager to prepare a contract for RICHARD ROSICHAN to be
retained as the director of The Committee for "Responsible Bonds
for People and Parks"; and
WHEREAS, the City Manager was instructed to bring the
proposed contract back to the City Commission for approval; and
WHEREAS, the City Comilli.ssion has ' placed two City of Miami
Bond Issues for voter approval on the September 4, 1984 state
primary election ballot; and
WHEREAS, the City Commission on April 5, 1984 appointed a
committee of outstanding citizens to assist the City in
achieving voter approval for said bonds; and
WHEREAS, the City Commission, has by Resolution 84 -371 and
84-380, appointed Richard Rosichan as a member of said committee
indicating that he would be the director of this committee;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to execute
an agreement, in substantially the attached form, with RICHARD
ROSICHAN to serve as the director of The Committee for
"Responsible Bonds for People and Parks".
CITY COMMISSION
MEETING OF
APR 26 19
RESOLUTIu,. ,,. - ;-
REMARKS
Section 2. An amount not to exceed $10,000.00 is hereby
allocated for said agreement from Special Programs and Accounts,
Contingent Fund.
PASSED AND ADOPTED this 26th day of April, 1984.
MAURICE A. FERRE
M A Y 0 R
ATTEST:
✓ �FRAIPH G. ONGIE, CITY C K
PREPARED AND APPROVED BY:
ea_4
41-1-11
C &a " W( f
OBERT F. CLA K
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
GARCIA-PEDROSA
�C—OSE
ITY ATTORNEY
6101l
CITY OF MIAM1. FLORIDA �
INTER-OFFICE MEMORANDUM
Howard V. Gary
City Manager
DATE 4/19/84
F1LF.
SUHJE�t Contract for Director
for the Committee for
"Responsible Bonds for
People and Parks"
1ROM lark Merrill iLFERL N':ES
Assistant to the City Manager for
Intergovernmental Affairs/Cable
It is recommended that the attached
Resolution authorizing the City
Manager to negotiate a contract
with Richard Rosichan to be the
Director for The Committee .for
"Responsible I3onds for People and
Parks" be submitted to the City
Commission for their
eonsideration.This committee will
represent the public effort to
inform citizens of Miami as to the
need for the city to authorize
these bond issues. in preparation
of the September 4, 1984 City of
Miami Special Election State
Primary and authorizing a payment
not exceeding $1,000.00 from the
Contingent Fund.
On January 5, 1984 the City Commission passed resolution 84-371
and 84-380, attached which established The Committee for
"Responsible Bonds for People and Parks" which included Richard
Rosichan as a member. In discussing this issue the City
Commission indicated its desire that Richard Rosichan should
serve as its director and instructed the City Manager to prepare
a contract to compensate him for his services.
The attached professional services agreement identifies the
services to be provided and the compensation to be paid to
Richard Rosichan.
This item is for the discussion by the City Commission at their
April 26, 1984 meeting for the purpose of refining the elements
of this contract and authorizing the City Manager to proceed with
the execution of the contract.
W
CITY OF Mitk BSI, S10 A
The Honorable Mayor and
City Commissioners
14 Howard V. Gary
City Manager Y_
April 25, 1984 + t>
Contract for the Director
of the Committee for
"Responsible Bonds For
People and Parks"
Contract & Resolution
Please replace the Contract for Richard Rosi chap that was distributed with
the Agenda, with the attached contract which has been modified. The modifi-
cations include an effective date of April 26, 1984 and a compensation of
$2,000 per month for a period of five (5) months.
The attached Resolution has been revised to show the amount of funds needed
to fund this contract.
t
j
r,
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made this day of APRIL, 1984, by
and between the CITY OF MIAMI, a municipal corporation
under the laws of the State of Florida (hereinafter
referred to as the"CITY") and RICHARD ROSICHAN, 141 N.
E. 45th STREET, MIAMI, FLORIDA, 33137 (hereinafter
referred to as the "CONSULTANT").
WITNESSETH:
WHEREAS,
the City Commission, on April 5, 1984, directed the
City Manager
to prepare a contract for RICHARD ROSICHAN to be
retained as
the director of The Committee for RESPONSIBLE BONDS
FOR PEOPLE AND
PARKS; and
WHEREAS,
The City Manager shall bring the proposed contract
back to the
City Commission for approval.; and
WHEREAS,
the City Commission has placed two City of Miami
Bond Issues
for voter approval on the September 4, 1984 state
primary elect;ion
h81.1.0t; and
WHEREAS,
the City Co;r,mission on April 5 1984 appointed a
committee of outstanding citizens to assist the City in
achieving voter approval for said bonds; and
WHEREAS,
the City Commission has by resolution 84 —371 and
84-380 has
appointed Richard Rosichan as a member of said
committee indicating
that he would be the director of this
committee
NOW, THEREFORE, the CITY and the CONSULTANT agree as
follows:
1. TERM
The term of this agreement shall be for a period of
five (5) months beginning on April 26,1984.
PAGE 1
0
2. BASIC SERVICES
The CONSliLTnNT vhall provide the following services:
Coordination of Committee Activities
Maintain continuous liaison with the appropriate City
staff in the preparation of information relating to
the City of Miami's Bond Issues as directed by the
City Manager or his designee.
Directing the Activities of The Committee for
"Responsible Bonds for People and Parks"
Provide direction and supervision of The Committee for
"Responsible Bonds for People and Parks" affecting the
CITY OF MIAMI.
Reporting to Miami
Coordinate with and keep Miami officials informed
about activities of the committee and notify them of
all meetings that are scheduled.
Counseling with Miami Officials
Advise and consult with Miami officials on bond
election st-l-;.tef'y and tactics.
Preparation for the September 4, 1984 Bond Election
Assist in the development of the strategy fo,,
presenting information regarding the City of Miami
Bond Issues to the citizens of the City of Miami.
3. COMPENSATION
A. The CITY shall pay the CONSULTANT, as compensation for
services required pursuant to Paragraph 2, hereof, a fee not to
exceed $10,000.00. The fee to be paid hereunder shall be paid
monthly at the rate of $2,000.00 on the first of each month
during the term of this contract.
u. COIIPLIANCE 14ITH_FEDERAL, STATE AND LOCAL LAWS
Both parties shall comply with all applicable laws,
ordinances and codes of Federal, State and Local Governments.
PAGE 2
ra
5. NONDFT,FGA9TT,TTY
It is ijn--Ir.00d and agreed that the CONSULTANT shall not
assign its rights or obligations under this Agreement without
the prior, wi ,.Lur;i �unsent of the CITY. All work under this
Agreement shall be performed by the CONSULTANT, and no
independent consultant shall be hired and assigned to the job to
be undertaken pursuant to this Agreement without the prior
written consent of the CITY.
6. CONSTRUCTION OF AGREEMENT
The parties hereto agree that this Agreement shall be
construed and enforced according to the laws, statutes and case
laws of the State of Florida.
7. OWNERSHIP OF DOCUMENTS
All writings, diagrams, tracings, charts, and schedules
developed by the CONSULTANT under this Agreement, shall be
delivered to th(= CTTY by said the CONSULTANT upon completion of
work and sh,, 11 become the }property of. the CITY, without
restriction or limitation or, their use. The CONSULTANT agrees
that all documents, records and reports maintained and generated
pursuant to this contractual relationship between the CITY and
the CONSULTA14T shall be subject to all provisions of the Public
Record Laws, Chapter 119, Florida Statutes.
It is further understood by and between the parties that
any information, writings, contract documents, reports or any
other matter whatsoever which is given by the CITY to the
CONSULTANT pursuant to this Agreement shall at all times remain
the property of the CITY and shall not be used by the CONSULTANT
for any other purposes whatsoever without the written consent of
the CITY.
PAGE 3
mw
8. SUCCESSOR") AND ASSIGNS
This Agreement shall be binding upon the parties herein,
their heirs, executors, legal, representatives, successors, and
assigns.
9. AUDIT RIGHTS
The CITY reserves the right to audit the records of the
CONSULTANT pertaining to this Agreement and the performance
hereunder at any time during the performance of this Agreement
and for a period of one year after final payment is made under
this Agreement.
10.AWARD OF AGREEMENT
The CONSULTANTS warrant that he/she has not employed or
retained any company or person to solicit or secure this
Agreement and that he/she has not offered to pay, paid, or
agreed to pay any person or company any fee, commission,
percentage, b1'0k -raG(' fce, or Lifts of any kind contingent upon
or resultinL from the aatard of this Agreement.
The CONISUI,T:iNTS are aware of the conflict of interest
laws of the City of Miami. (Mliami City Code Chapter 2, Article
V), Dade County, Florida (Dade County Code, Section 2-11.1) and
the Florida Statutes, and agree that they will fully comply in
all respects with the terms of said laws.
11. INDEMNIFICATION
The COIISULTA14T shall indemnify and save the CITY harmless
from and against any and all claims, liabilities, losses, and
causes of action, which may arise out of the CONSULTANTS'S
activities under this Agreement, including all other acts or
omissions to act on the part of the CONSULTANT, its officers or
employees, and from and against any orders, judgments or decrees
which may be entered and from and against all costs and
attorney's fees, expenses and liabilities incurred in the
defense of any such claims, or the investigation thereof.
PAGE 4
12. INDEVLivuc,ivr yuNinACTOR
The '-U` i,JVl y:1►IT and its employees and agents shall be
deemed to be an independent contractor, and not an agent or
employee of the CITY, and shall. not attain any rights or
benefits under the Civil Service or Pension Ordinance of the
CITY, or any rights generally afforded classified or
unclassified employees; further he/she shall not be deemed
entitled to Florida Worker's Compensation benefits as an
employee of the CITY.
13. AMENDMENTS
The CITY and the CONSULTANT may, from time to time, agree '
to changes in the terms of this Agreement. Such changes,
including any increase or decrease in the amount of the
CONSULTANTS'S compensation, which are mutually agreed upon by
and between the parties shall be incorporated in written
amendments to this Agreement executed by both parties.
14. GENERAL CONDITION'S
(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 mail or
by telegraph
addressed to the other party at the address
indicated
herein or 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.
(B)
Titles 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 contained in documents,
the terms
in this Agreement shall rule.
(D)
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.
PAGE 5
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15. NON-DISCRIMINATION
The CONSULTANT agrees that he/she will not discriminate
as to race, sex, color, creed or national origin in connection
with his/tier performance under this Agreement.
16. DEFAULT PROVISION
In the event that the 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 the CITY, at its sole option, upon written notice
to the CONSULTANT may cancel and terminate this agreement, and
all payments, advances, or other compensation paid to the
CONSULTANT by the CITY while the CONSULTANT was in default of
the provisions herein contained, shall be forthwith returned to
the CITY.
17. GOVERNMENTAL AUTHORITY AND FORCE MAJEURE
No default in the performance of the terms, covenants or
conditions of this Agreement on the part
of the
C014SULTANT
or
the CITY (other than in the payment of any
accrued
billings
due
or in any other payment required hereunder
by one
party to
the
other) shall be deemed to continue if
and so
long as
the
CONSULTANT or the CITY, as the case may be, shall be delayed in
or prevented from remedying the same by (a) strikes or other
labor disputes, (b) acts of God or the public enemy, (c) any
order, directive or other interference by municipal, state,
federal or other governmental official or agency, or (d) any
other cause reasonably beyond the control of the CONSULTANT or
the CITY, as the case may be; but if and when the occurrence or
condition which delayed or prevented the remedying of such
default shall cease or be removed, it shall be the obligation of
the CONSULTANT or the CITY, as the case may be, without further
delay, to commence the correction of such default or to continue
the correction thereof.
PAGE 6
18. TERMINATION OF CONTRACT
The CITY retains the ;fight to terminate this Agreement at
any time prior to the completion of worst without penalty to the
CITY. In that event, notice of termination of this Agreement
shall be in writing to the CONSULTANT who shall be paid for all
worst performed prior to the date of receipt of the notice of
termination.
It is hereby understood by and between the CITY and the
CONSULTANT that any payment made in accordance with this Section
to the CONSULTANT shall be made only if said CONSULTANT is not
in default under the terms of this Agreement. If the CONSULTANT
is in default under the terms of this Agreement, then the CITY
shall only be obligated to pay the CONSULTANT such sums for work
performed to date of default.
IN WITNESS 14HEREOF, the parties hereto have caused these
presents to be executed by the respective officials thereunto
duly authorized, this the day and year first above written. the
CONSULTANT'S activities under this contract, including all other
acts or omissions to act on Lhe part of the CONSULTANT or any of
them, including any person acting for or on his or their behalf,
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.
CITY OF MIAMI, A Florida
Municipal Corporation
By:
HOWARD V. GARY
CITY MANAGER
PAGE 7 ,�, —4
ATTEST:
RALPH G. ONGIE, CITY CLERK
RICHARD ROSICHAN
WITNESS RICHARD ROSICHAN
WITNESS
APPROVED AS TO FORM AND CORRECTNESS:
JOSE R. GARCIA-PEDROSA
CITY ATTOR14EY
PAGE 8
IL
lu-
OFTM
RESUME
.7ichard Harry :'.osichan
2060 Alton i"oa.d
Miami 3ench !& T-L. 33140
Tel. (305) 67/4 -91.43
T.(IItraYiI)n
Born :lay 10, 1941 at Pittsbur^,ll,PA .
Married, 3 daughters
APRIL, 1.984
najor, History minor, State University of N.Y. at
Buffalo,:1Y. ,Au+;ust ,1964.
;I.Libr. (:;asters De ;ree in Librarianship) , Emory University,
Atlanta,GA. ,June,1967.
Also too:: a year of ;racluate T:n„lish lit. courses at Emory,
1964-65. Under;raduate education included two years at the
Univ.o.f. ' inni,1961--63, w1iicll included 3 semesters in the
late Fred Silaw's creative writing workshop.
6lork E: , erience
Several parttine librarian jobs crere lield before receivin-
".Libr.ill 1.967. I was a1.;;o active is a i-:ailorder deaI.er. in
rare coins fr.or, .1961 tbrou,;h 1971, and in 1965 and 1906 oper-
ated a rare Cni.rl store, The l i.,,lll.'ind Coin '))lop, in t,tlarta.
1967: "Professional assistant" it Queensborou,;h Public Library,
I;ays i(ie branch ('75 (;)
1961E Librarian ill cfrar,;e of (now (lefunct) Brentwood branch
cariptis library of C.17.1)ost Colle, e/Lon,- Iceland University.
1968-69: Director of i:i.n ;ston,iiY. public library.
1969-71: Director of Coldt,rater,':I. public library.
1971-72: :'or.lcedl inter.riittentl.y as substitute teacher ill Dade
County Sclioolc and as spe-cial project, librarian at
"iami's Central r� enc� f.or Je ais}1 17(iucztion.
1972-77: Library.: n/cultural affairs person at Jewish Comriunity
Centers of South Florida. ,also (lid considerable social
%Dori, kith the Olderl".
Library posi.t-i-o,i;s included coilsi.derable research .,ork, public
relations, media (ont Ict, sore lobbyillalldi.o-visual_ work,ete.
Since I_077 1 tl�rvc been >e1_ferlpl_oy(d as ,a froelance. ,ari.ter, editor
and researcher, have done extensive resenrcll in t'1le acadcrlic, pol-
itical, medical and cor.lnercial fields, and have served on a paid
basis in �;cvcral political campai^ns and on ;Miami's Planning Ad-
visory Board.
Community Tnvolverlent
Actively involved in Niami community affairs since 1976. have
belonged to/worked with conmunity development projects, neigh-
borhood or ;anizations and political caiapaigns. Three runs for
public office: For the Ulster County (NY) County Legislature
(1969) and the 1liami City Commission (1977 and 1981). Served
on the City of 'tiarii Planninf; Advisory Board, 19713 through
1980.
Professional .�clliever^.cuts i n d CaLab111ties
I have developed a close acquaintance with the City of iliani,
its government, institutions and people. I lived in the city
from 1960 through 1963 and (.is a property -owner) from 1972
throu- it 1983. 1 still ovn my 'Iiami property at 141 11I.E.45 `;t.,
lease out the Plain house and retain the rear apartment.
I have completed a very wide variety of research projects in
the acnder'lic, political, r.iedical and business fields. I have
also done lc,;al research projects, and have represented myself
as ;llaiatiff si:: tides in bade County Court, with five wills
or favorable settlel:ents and one disriissal. I an a capable
writer and e('.itor o-r books, articles and reports. Ili 19741 my
annotatc(l bil)liol,,rapliy/re£t�.rence wort: Star--,ps and Collis was puh-
IisileEl bY Lil)r.aric•s Villivite.d.Tlic. of 1,ittleton,(:(). ever.
hundred of ),y boot: 1'evi( s have appeared in past i:;sues of
Librar•! Jollrnrll anti :.11orivin ';cference ?'ooks j�nnu 1. I liave
a 1)articuIar ca,pabiIity for obtaill iii I cts frot.l pul,Iic end
private. ,otlrces, or;,a nizill t'.teII Ertl('. ruportino on tilcl::. I
arm also aLlu tO (:irectlY ,with .i wic'.e variety of I,cople.
I have LIetle a nu.iber of research projects for private clients
involving; urban affairs both in this area and. elsewhere.
P ArE TS'0 RESUME r^.ICHARD !I. nOSIC?'AN
Tnterests and }iobbier;
T ;Iave been an active coin col.ler_tor since eaxl.!r childhood; many
of ry enrll j urr.}I;Ises Ij)j)r.eci.ate(i in value over 5�0 tines.
I ;lave ;II,o bililt t,,, ,In ncti.ve 1.iisr-It or} thc-, ,IIbjI- r_t 111d 1,0e11
involved (lith n((I-si.nmatic assnci.;Iti.nly; I -rlm devote(', t() v;'a'iotie
f )rr's of ru.Si C, I`)'i r:ari.1�' c1 I�ssic;II s Y ':• Jon,
to i ()tIc t'Ic 1 ocal
T rionds of. (!I ;IrIi)F:I "u sic ,IjI(j ti)e ';nIIt:I :'lorida ";l.uc;;ras, :+?�socT
ii.tioil. on a I.orc. i_nfcrl}al ba,i_,, T IJ.: o ellj0Ir coll.ect111;-1 art
;i01-%s, ol.(I booI-s and niner.al ,-,pecimens. I enjoy traVel�.il1
ar interested in cone aspect-, of astronomy, nn(' iave t-rav(!11ed
to ranr marts of the world to observe a total of 7 solar eclii -
ses; I'r, t:orki.n,; on a boo}c a})out those tri.h.,. I've always been
intere,ted in c(>rliItInity and civic ,1roble..s:Is. In At1;Inta, in 1966,
I t•ras involved in the rove7ient to brim; Former ov( rnor T;11is
Arnal1 )ac}; to the ,-,overnorsItip, z -•:over:cnt in r..hich T;r. ::in
and ein(}rC',? YOIIIIf tdCrC Il:iO involve(j• In 1.9619, I used i':v j`OSit--
ion in I'in —ton to force -- there,- is no ot}Ier. •,ord - the ni)cning
of branch Iirary i':inpson'G block neiChborhood. In the
mid-1970's, r;y father and I both arran,;ed for the financing and
Cie 1977 oj)enin,� of Dade County's Clnire ;osichan Park, in
Brownsville, in neriory of riy mother.
F.cf.erences
Supplied uj)on request.
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