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Home My WebLink AboutR-84-0346A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH .x 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 THERFOR AN AMOUNT NOT TO EXCEED $109000 FOR SUCH SERVICES AND AN AMOUNT NOT TO EXCEED $6,000 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 have developed an agreement to provide said services; 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 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. Section 2. An amount not to exceed $10,000 is hereby allocated for said agreement together with an additional amount not to exceed $6,000 for reimbursable expenses under said agreement from Special Programs and Accounts, Contingent Fund. PASSED AND ADOPTED this 29th day of March, 1984. CITY COMMISSION MEETING OF MAR 29 IM RESGIU11W Wu. 84"346 REMARKS. MAURICE A. FERRE M A Y O R EST: � R G. ONGIE, CITY C RV PREPARED AND APPROVED BY: ,6: t ROBERT F. CLARK DEPUTY CITY ATTORNEY APPROVED AS TO FOR, AND CORRECTNESS: Lc JOSE R. GARCIA—PEDROSA ;CITY ATTORNEY 84"-346 PROFESSIONAL SERVICES AGREEMENT This agreement made and entered into this day of , 1984, by and between the CITY OF MIAMI, a municipal corporation, located in Dade County, Florida, (hereinafter referred to as the "CITY"), and MARILYN F. REED, (hereinafter referred to as the "CONSULTANT"), for a period beginning February 16, 1984, and a termination date of December 31, 1984. This agreement may be extended as determined necessary by the City Manager. WITNESSETH: WHEREAS, the City Commission on February 9, 1984 by Motion M-84- 139 indicated its desire for the CONSULTANT to represent the City in certain areas of special environmental expertise concerning legislative and agency staff proposals, committee bills, numbered house and senate bills to be considered by the 1984 legislature which could adversely affect the authority of the CITY; and WHEREAS, the CITY has indicated to the CONSULTANT its desire of obtaining specialized advice, representation on an as -needed basis, and consulting services on a continuing basis relating specifically to environmental permitting laws and regulations (Army Corps of Engineers, Florida Department of Environmental Regulation(DER), Florida Department of Natural Resources(DNR)) as they apply to development, planning, and waterfront projects in and along Biscayne Bay and its tributaries within the City's jurisdiction and to assist various city departments in the environmental permitting process. - This agreement is for the purpose of providing professional services to the CITY through the City Manager for the above listed services and to specifically include that the CONSULTANT will act on behalf of the CITY during the 1984 legislative session and before appropriate committees prior to and during the 84-346 1984 session having to do with environmental laws and bills that may adversely affect the city's interests or authority; to 0 coordinate with and assist the City's full-time legislative liaison to Tallahassee on those bills that may adversely affect the city's authority; and to perform such other services within the CONSULTANT's area of environmental regulation expertise that the City Commission and or City Manager shall direct. This may include but is not limited to Cabinet meetings, Cabinet task force meetings, state agency and task force meetings such as DER, DNR, DCA, where the City has had no representation heretofore, and where certain actions taken by these agencies may directly or indirectly affect the City. The CITY recognizes that the CONSULTANT has, since approximately 1981, without benefit of contract and on a pro-bono basis monitored other government (county, state and Federal) actions that affect the CITY, and that CONSULTANT has timely reported certain actions to city officials so that appropriate action to protect the CITY'S interest could be taken. It is the City's desire that the CONSULTANT shall continue to perform this service to the CITY under the terms of this contract and Exhibit A. For the purpose of this agreement, the CONSULTANT shall be deemed to be an independent contractor and not an employee of the CITY and shall not attain any rights or benefits under the civil service or pension ordinances of the City, or any rights generally afforded classified or unclassified employees; further, the CONSULTANT shall not be deemed entitled to Florida Workers Compensation benefits as an employee of the CITY. There will be no expenses paid to the CONSULTANT other than those provided for in the compensation schedule attached hereto and made a part of this agreement as Exhibit A, including those expenses that are incurred in direct relationship to this agreement for expenses and travel outside of Dade County. i PAGE 2 84�346 ail Payment will be per month and will be made within ten (10) days The City reserves the right to audit the records of the CONSULTANT at any time during the term of this agreement and for 1 year after final payment is made. It is agreed that the CONSULTANT will be able to participate in other personal or professional services agreements with any agency, organization, or individual which does not create an actual conflict of interest with the City. However, the City shall be timely informed of such professional participation. In the event that clerical or secretarial services are necessary for the preparation of any memoranda or reports, said services will be provided as reasonably necessary at the discretion of the City Manager; but it is further understood these services will be provided at City offices. The CONSULTANT will also be available, on call, at the discretion of the city manager and/or the city commission. It is understood however, that it is not the intention of this agreement that the CONSULTANT will work full time. The actual time spent will be dependent upon the demands of the job. Because of the complexity of this task and the CONSULTANT'S association with the CITY, it is agreed that in the event any action is taken against the city or the CONSULTANT as related to this agreement, the city will provide full legal counseling and defense against such actions. It is further agreed that this agreement may be altered, extended, and amended only upon the written consent of both parties hereto; however, this agreement may be cancelled by either party upon thirty (30) days written notice. PAGE 3 84--346 in w-Luticza wizz, Cvt , WIC F01 R.iea LAVJ e..v .ay. a e-- -- to be executed by the respective officials thereunto authorized, this day and year first above written. CONSULTANT WITNESSES: -------------------- -------------------- MARILYN F. REED the CITY OF MIAMI, a municipal corporation of the state of Florida By --- — HOWARD V. GARY City Manager ATTEST RALPH G. ONGIE City Clerk APPROVED AS TO FORM AND CORRECTNESS: ---------------------- JOSE R. GARCIA-PEDROSA City Attorney PAGE 4 84-3463 C EXHIBIT A - Compensation Schedule x; -r The following reimbursement and compensation arrangement shall apply: I. Out of town work performed in Tallahassee pursuant to Commission Motion M-84-139 including legislative committee hearings prior to the regular legislative session and work performed during the legislative session for 1984. (a) all expenses to be paid by the City to CONSULTANT (transportation, lodging and meals and long distance phone bills) (b) compensation on a per diem basis @ $200 per day when traveling to or in Tallahassee. II. Other out of town work the City may direct, desire, or heed during the life of this contract. Compensation and expenses the same as in item no. 1 above III. Other work classified as consulting services as set out in the second "whereas" paragraph in this contract.... work performed on a local as needed basis. Compensation will be paid on a hourly basis at the rate of $50 per hour plus long distance telephone expenses relating to services to be provided by this contract. IV. Total compensation not including reimbursement of expenses for the term of this contract shall not exceed $10,000 unless authorized by the City Manager. PAGE 5 84-346