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HomeMy WebLinkAbout23783AGREEMENT INFORMATION AGREEMENT NUMBER 23783 NAME/TYPE OF AGREEMENT DAVID W. MACEY, ESQ. DESCRIPTION EXPERT CONSULTANT AGREEMENT/ALLEGATIONS RAISED IN CHIEF OF POLICE MEMORANDUM OF MISCONDUCT & INTERFERENCE/MATTER ID: 22-73 EFFECTIVE DATE February 3, 2022 ATTESTED BY TODD B. HANNON ATTESTED DATE 2/3/2022 DATE RECEIVED FROM ISSUING DEPT. 2/3/2022 NOTE DOCUSIGN AGREEMENT BY EMAIL DocuSign Envelope ID: C9C82BF4-5D04-4C0E-98E5-A2D79974F818 CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Department of Procurement DEPT. CONTACT PERSON: Aimee Gandarilla EXT. 1906 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: DAVID W MACEY IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑■ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT YES YES ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT NO NO OTHER: (PLEASE SPECIFY) PURPOSE OF ITEM (BRIEF SUMMARY): EXPERT CONSULTING AGREEMENT DAVID W MACEY COMMISSION APPROVAL DATE: FILE ID: ENACTMENT NO.: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASEPRINTAND SIGN DIRECTOR OF PROCUREMENT/CHIEF PROCUREMENT OFFICER PR22063 February 2, 2022p 'nPIPllFr3'3�JPEST Docn5f9nea ny: SIGNATURE: [me-^^µ 2-7 69549EW3CAC166... RISK MANAGEMENT February 2, 2022 Ann -Marie Sharpe I 11:41:17D FLSTby SIGNATURE: [bra,.. GeAvy CITY ATTORNEY Matter 22-73 February 2, 2022 2739506318214E7 Victoria Mendez I 15:22:48- D 9 any: Docesl9�a by SIGNATURE �469�684 Cow ASSISTANT CITY MANAGER, CHIEF FINANCIAL OFFICER February 2, 2022 o A BDDD4C6... o2� Fernando Casamayor I 16:18: 53.ny: SIGNATURE: '-271w72EC6G14DQ ASSISTANT CITY MANAGER, CHIEF OF OPERATIONS Natasha Colebrook -Williams SIGNATURE: DEPUTY CITY MANAGER Nzeribe Ihekwaba, Ph.D., PE SIGNATURE: CITY MANAGER February 3, 2022Arthluor lyc�rina EST IIj t� Docuslgnea ny: SIGNATURE: C Novi CITY CLERK February 3, 2022 850CF6C372DD42A... Todd Hannon 1 12:19:44 EST SIGNATURE:r E46D7560DCF1459... PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER DocuSign Envelope ID: C9C82BF4-5D04-4C0E-98E5-A2D79974F818 City of Miami Office of the City Attorney Legal Services Request To: Office of the City Attorney From: Yadissa Calderon Contact Person Assistant Director Title 1 /31 /2022 Date: Procurement Requesting Client (305) 416-1907 Telephone Legal Service Requested: Matter 22-73 - To execute expert consultant agreement with David W Macey. etz Complete form and forward to the Office of the City Attorney or e-mail to Legal Services. Do not assume that the Office of the City Attorney knows the background of the question and/or issue, such as opinions on the same or similar issues, the existence of relevant memos, correspondence, etc. Please attach to this form and/or e-mail all pertinent information relating to the subject. Once your request has been assigned, an e-mail will be sent to you with the Assigned Attorney's name and the issued matter identification number. All attorneys in the Office of the City Attorney shall fully comply with the Rules Regulating the Florida Bar. For Legal Services requesting an opinion from the Office of the City Attorney: FlIssue opinion in writing. Publish opinion after issuance. Authorized by: Annie Perez Date response requested by: BELOW PORTION TO BE COMPLETED BY THE OFFICE OF THE CITY ATTORNEY Assigned Attorney: Date: File No. Approved by: Ultimate Client: Comments: D / R Date: Type: Matrix: Category: Copy returned to Requesting Client Copy to Ultimate Client rev. 04/14/2017 DocuSign Envelope ID: C9C82BF4-5D04-4C0E-98E5-A2D79974F818 EXPERT CONSULTANT AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND DAVID W. MACEY, ESQ. THIS AGREEMENT ("Agreement") is made and entered into this 3rd day of February 2022, effective upon signature ("Effective Date"), by and between the City of Miami, Florida, a municipal corporation of the State of Florida ("City"), whose address is 444 S.W. 2nd Avenue, Miami, Florida 33130, and David W. Macey, Esq., an individual over the age of 21 years ("Expert Consultant"), whose address is 135 San Lorenzo Ave, PH 830, Coral Gables, FL 33146. WITNESSETH: WHEREAS, the City, from time to time, retains individuals acting as independent contractors on a contractual basis for a specific term to perform certain specialized and defined tasks for the City and which tasks, by their nature, require independent and autonomous judgment; and WHEREAS, the City must retain the professional services of the Expert Consultant to provide the City's Office of the City Attorney ("OCA") with the Scope of Services defined in Exhibit "A", attached and incorporated ("Services"); and WHEREAS, the City, through the City Manager's Office, has deemed the Expert Consultant qualified in accordance with Sections 18-72,18-73, and 18-116 of the Code of the City of Miami, Florida, as amended ("City Code"), and the Expert Consultant agrees to perform the Services as defined and described herein; NOW, THEREFORE, pursuant to Sections 18-72, 18-73, and 18-116 of the City Code, in consideration of the mutual obligations expressed herein and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, the City and the Expert Consultant agree as follows: Section 1. Recitals and Incorporations. The foregoing recitals are true and correct and are hereby incorporated into and made a part of this Agreement. Section 2. Scope of Services. Pursuant to the City Code, the City Manager may retain an Expert Consultant and assign the same to a City Department. The Expert Consultant identified above will be assigned to assist the OCA, or its designee, and shall perform the Services outlined in Exhibit "A", attached and incorporated. The Expert Consultant represents to the City that the Expert Consultant is now, upon execution of this Agreement, and shall at all times during the term of this Agreement remain, fully qualified, competent, and capable to perform the Services under this Agreement. Section 3. Remuneration, Audit and Inspection. A. The Expert Consultant shall receive One Hundred Seventy -Five Dollars ($175.00) per hour for the Services specified in Exhibit "A". Even if there is, at the discretion of the City, an Amendment to increase the renumeration, in no event shall the total of remuneration for all Services exceed One Hundred Twenty -Five Thousand Dollars ($125,000.00) per year. The City, in its best interest, reserves Page 1 of 17 DocuSign Envelope ID: C9C82BF4-5D04-4C0E-98E5-A2D79974F818 the right to request additional related Services to be provided by the Expert Consultant. Any additional Services in excess of those described in Exhibit "A" shall be negotiated and pre -approved in writing by the City Manager or designee prior to the Services being rendered. The Expert Consultant will provide a detailed invoice listing daily work for any billing period and will also report the number of hours worked and tasks completed as enumerated in Exhibit "A" during that period. B. The Expert Consultant shall not be entitled to any employment emoluments and, as such, the Expert Consultant shall be required to complete Internal Revenue Services ("IRS") Form W-9 prior to execution of this Agreement. Further, the Expert Consultant expressly acknowledges that the Expert Consultant shall not acquire status, benefits, or rights as a City employee, temporary or permanent, classified or unclassified, by virtue of this Agreement. The Expert Consultant shall provide the City Manager with the completed IRS Form W-9 at the time of execution of the Agreement. C. Unless otherwise specifically provided in Exhibit "A", pursuant to the Florida Prompt Payment Act, payment will be made within forty-five (45) days after receipt of the Expert Consultant's invoice, which shall be accompanied by sufficient supporting documentation and contain sufficient detail to allow proper audit of expenditures should the City require one to be performed. D. The City may, at all reasonable times and for a period of up to three (3) years following the date of final payment by the City to the Expert Consultant under the Agreement, audit, cause to be audited, inspect, or cause to be inspected those books and records of the Expert Consultant which are related to the Expert Consultant's performance under the Agreement. The Expert Consultant agrees to maintain such books and records at a location within the City for a period of three (3) years after final payment is made under the Agreement. Section 4. Term. The Agreement shall become effective as of the Effective Date as defined on its first page and shall be for the duration of one (1) year with two (2) one (1) year options to renew at the City's sole discretion. The City, acting by and through the City Manager, shall have the option to extend or terminate the Agreement for convenience. Section 5. Termination. This Agreement may be terminated at any time by either party, with or without cause. In the event of termination of this Agreement for any reason with or without cause, the Expert Consultant shall not have recourse to any City Grievance or Disciplinary Procedure. In the event of termination, the Expert Consultant will be compensated for actual Services rendered up to and including the date of termination. Section 6. Relationship Between Parties. A. The Expert Consultant, under the terms and conditions of this Agreement, is an independent contractor and not a City employee. As the Expert Consultant is an independent contractor, the Expert Consultant shall not be entitled to any employment emoluments. Access and use of City property shall be at the sole discretion of the City Manager. The Expert Consultant acknowledges that such access to and use of City property does not alter the Expert Consultant's status as an independent contractor. B. Other than as legally required by the Expert Consultant in rendering his professional opinion, all other documents, information, materials, reports, and work product developed by the Expert Consultant in performing the Services pursuant to this Agreement are, and shall remain, the property of the City. The Page 2 of 17 DocuSign Envelope ID: C9C82BF4-5D04-4C0E-98E5-A2D79974F818 Expert Consultant understands and agrees that any information, documents, reports, materials, work product, or any other materials whatsoever which is given by the City to the Expert Consultant, or which is otherwise obtained or prepared by the Expert Consultant pursuant to or under the terms of this Agreement, is and shall at all times remain the property of the City. The Expert Consultant agrees not to use any such information, document, report, work product, or material for any other purpose whatsoever without the prior written consent of the City, which may be withheld or conditioned by the City in the City's sole discretion. C. The Expert Consultant shall work with the City to develop and undertake the schedule necessary to provide the Services as needed by the City. The Expert Consultant acknowledges that working with the City to provide necessary scheduling for the Services does not alter his status as an independent contractor and the Expert Consultant acknowledges and understands that compensation payment for his time is based upon the standards required by the IRS for payments to an independent contractor. Section 7. Indemnification. The Expert Consultant shall indemnify, save and hold harmless, and defend (at his own cost and expense), the City, its officers, agents, directors, employees, and instrumentalities from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of the Expert Consultant and persons employed or utilized by the Expert Consultant in the performance of this Agreement. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Expert Consultant shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Expert Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Expert Consultant shall in no way limit the responsibility to indemnify, save and hold harmless, and defend (at his own cost and expense), the City, its officers, agents, directors, employees, and instrumentalities as herein provided. The indemnification provided above shall obligate the Expert Consultant to defend, at his own cost and expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Expert Consultant or persons employed or utilized by the Expert Consultant. These duties described in this Section will survive the cancellation or expiration of the Agreement. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. The Expert Consultant shall require all sub -consultant agreements to include a provision that each sub - consultant will indemnify the City in substantially the same language as this Section. The Expert Consultant agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Expert Consultant in which the City participated either through review or concurrence of the Expert Consultant's actions. In reviewing, approving, or rejecting any submissions by the Expert Consultant or other acts of the Expert Consultant, the City, in no way, assumes or shares any responsibility or liability of the Expert Consultant or sub -consultant under this Agreement. Page 3 of 17 DocuSign Envelope ID: C9C82BF4-5D04-4C0E-98E5-A2D79974F818 Ten Dollars ($10.00) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Expert Consultant. Section 8. Insurance. The Expert Consultant fully understands and hereby agrees that it shall be the responsibility of the Expert Consultant to secure his own insurance coverage, as applicable insurance will not be paid by the City on behalf of the Expert Consultant while performing the Services. The Expert Consultant shall maintain insurance coverage and provide evidence of such insurance coverage in such amounts as may be required by the City's Risk Management Department in Composite Exhibit "B", including the Insurance Requirements, the W-9, and the Independent Contractor Letter, all attached and incorporated. The Expert Consultant has provided the required independent contractor letter to the Risk Management Department as part of Composite Exhibit "B", attached and incorporated. Section 9. Nondiscrimination. The Expert Consultant represents and warrants to the City that the Expert Consultant does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with the Expert Consultant's performance under this Agreement on account of race, color, gender, religion, age, disability, sexual orientation, marital status, or national origin. The Expert Consultant further covenants that no otherwise qualified individual shall, solely by reason of their race, color, gender, religion, age, disability, sexual orientation, marital status, or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. Section 10. Non -Assignment, Successors, and Assigns. The Expert Consultant's Services are unique in nature and are not assignable. Section 11. Ownership of Documents. The Expert Consultant understands and agrees that any information, document, report, plan, budget, or any other material whatsoever which is given by the City or on behalf of the City to the Expert Consultant pursuant to or under the terms of this Agreement is, and shall at all times remain, the property of the City. The Expert Consultant agrees not to use any such information, document, report, plan, budget, or any other materials without the prior written consent of the City, which consent may be withheld or conditioned by the City as the owner thereof. Section 12. Public Records. A. The Expert Consultant understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City Agreements, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under all applicable laws. The Expert Consultant's failure or refusal to comply with the provisions of this Section shall result in the immediate cancellation of this Agreement by the City and any potential penalties authorized by Chapter 119, Florida Statutes. B. The Expert Consultant shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keeping and maintaining public records that ordinarily and necessarily would be required of the City to perform this Service; (2) upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement's term and following completion of the Agreement if the Expert Page 4 of 17 DocuSign Envelope ID: C9C82BF4-5D04-4C0E-98E5-A2D79974F818 Consultant does not transfer the records to the City; and (4) upon completion of the Agreement, transfer, at no cost to the City, to the City all public records in possession of the Expert Consultant or keep and maintain public records required by the City to perform the Services. If the Expert Consultant transfers all public records to the City upon completion of the Agreement, the Expert Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Expert Consultant keeps and maintains the public records upon completion of the Agreement, the Expert Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. Notwithstanding the foregoing, the Expert Consultant shall be permitted to retain any public records that make up part of his work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Agreement. C. Should the Expert Consultant determine to dispute any public access provision required by Florida Statutes, the Expert Consultant shall do so in accordance with the provisions of Chapter 119, Florida Statutes, at his own expense and at no cost to the City. IF THE EXPERT CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE EXPERT CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, HE MUST CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1800, VIA ELECTORNIC MAIL AT PUBLICRECORDSAMIAMIGOV.COM, OR VIA REGULAR MAIL AT CITY OF MIAMI, OFFICE OF THE CITY ATTORNEY, 444 S.W. 2ND AVENUE, 9TH FLOOR, MIAMI, FLORIDA 33130. THE EXPERT CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY DEPARTMENT WHO IS ADMINISTERING THIS AGREEMENT. Section 13. Award of Agreement. The Expert Consultant represents and warrants to the City that the Expert Consultant has not employed or retained any person or company employed by the City to solicit or secure this Agreement and that he has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, finder's fee, or gift of any kind contingent upon or in connection with the award of this Agreement. Section 14. Compliance with Federal, State, and Local Laws. The Expert Consultant understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to open public meetings, public records, conflicts of interest, procurement procedures, record keeping, etc. The Expert Consultant agrees to comply with and to observe all applicable laws, codes, and ordinances, as they may be amended from time to time. Section 15. Notices. All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered, certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given, as herein provided. Notice shall be deemed given on the day on which personally delivered; or if by U.S. Mail, on the fifth (561) day after being posted or the date of actual receipt, whichever is earlier. Page 5 of 17 DocuSign Envelope ID: C9C82BF4-5D04-4C0E-98E5-A2D79974F818 To Expert Consultant: David W. Macey, Esq. 135 San Lorenzo Ave, PH 830 Coral Gables, Florida 33146 dm@davidmacey.com To the Cit City Manager's Office ATTN: Arthur Noriega V, City Manager City of Miami 444 S.W. 2nd Avenue, 10th Floor Miami, Florida 33130 Procurement Department ATTN: Annie Perez, CPPO, Director City of Miami 444 S.W. 2nd Avenue, 6th Floor Miami, Florida 33130 Office of the City Attorney ATTN: Victoria Mendez, City Attorney City of Miami 444 S.W. 2nd Avenue, Suite 945 Miami, Florida 33130 Section 16. Contingency Clause. Funding for this Agreement is contingent upon the availability of funds and continued authorization of City activities and the Agreement is subject to (A) an amendment due to lack of funds, reduction of funds, and/or change in regulations or the Code, upon written notice, or (B) termination pursuant to Section 5 hereof. Section 17. Miscellaneous. A. The Agreement shall be construed and enforced according to the laws of the State of Florida. The parties hereto agree that venue for all federal, state, and local matters, if any, arising under the Agreement shall be in the applicable respective federal, state, and/or local courts located in Miami -Dade County, Florida. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The parties irrevocably waive any rights to a jury trial. Each party shall pay its own costs and attorneys' fees. B. Should any provision, paragraph, sentence, word, or phrase contained in the 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, such provision, paragraph, sentence, word, or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then the same shall be deemed severable, and in either event, the remaining terms and provisions of the Agreement shall remain unmodified and in full force and effect. C. No waiver or breach of any provision of the Agreement shall constitute a waiver of any other breach or of any subsequent breach of the same or any other provision hereof and no waiver shall be effective unless made in writing. Page 6 of 17 DocuSign Envelope ID: C9C82BF4-5D04-4C0E-98E5-A2D79974F818 D. The Agreement constitutes the sole and entire agreement between the parties hereto relating to the subject matter hereof 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 the Agreement, including the Exhibits hereto, are of no force and effect. No modification to, supplement of, deletion from, amendment, or addition to the Agreement shall be valid unless in writing and executed by the properly authorized representatives of the parties hereto. Section 18. Survival. The parties acknowledge that the obligations in this Agreement will survive the term, termination, and cancellation hereof. Accordingly, the respective obligations of the Expert Consultant and the City under this Agreement shall survive termination, cancellation, or expiration hereof. Section 19. Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be an original as against either party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. Page 7 of 17 DocuSign Envelope ID: C9C82BF4-5D04-4C0E-98E5-A2D79974F818 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above w EXPERT ONS LTANT David cey, Esq. STATE OF FLORIDA COUNTY OF (/)17°'-L The foregoing instrument was acknowledged before me this 3/ day ofa711 , 2022, by David W. Macey, Esq. He is personally knowri to me or k's produced , as identification and did/did not take an oath. Notary Public Printed Name: My Commission Expires: ATTEST: uaignea oy: Todd Hannon City Clerk TVs" Pry,Notary Public State of Florida Luke Ford My Commission GG 191624 ri.cr Expires 03/0112022 CITY OF MIAMI, FLORIDA: DocuSigned by: Docu5lgnetl by: Cam. Navies Arthur Noriega V City Manager APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: E-77_ Victoria Mendez City Attorney REQUIREMENTS: Docu5lgnetl by: Frtunk 6bn vy Ann -Marie Sharpe Risk Management Director Page 8 of 17 DocuSign Envelope ID: C9C82BF4-5D04-4C0E-98E5-A2D79974F818 Exhibit "A" SCOPE OF SERVICES The Expert Consultant shall investigate matters concerning the City's Police Department ("Police"). Specifically, the Expert Consultant shall investigate the following matters: 1. Any and all misconduct by any employee or official of the City (including but not limited to elected officials and the Chief) in relation to the allegations raised in the Chief's memorandum; 2. Interference with MPD Internal Affairs Division investigation; and 3. Interference with and improper use of MPD resources. Page 9 of 17 DocuSign Envelope ID: C9C82BF4-5D04 4C0E-98E5-A2D79974F818 �^ ATE OF INSURANCE JIMMY PATRONIS CHIEF FINANCIAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION * * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW * * NON -CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 1/26/2022 PERSON: DAVID MACEY FEIN: 201126451 BUSINESS NAME AND ADDRESS: DAVID W. MACEY P.A. EXPIRATION DATE: 1/26/2024 EMAIL: DM@DAVIDMACEY.COM 135 SAN LORENZO AVENUE, PENTHOU, SE 830 MIAMI, FL 33146 SCOPE OF BUSINESS OR TRADE: Attorney -All Employees & Clerical, Messengers, Drivers IMPORTANT: Pursuant to subsection 440.05(14), F.S., an officeraeorp igrirdho elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this chapter. ant to subsection 440.05(12), F.S., Certificates of election to be exempt issued under subsection (3) shall apply only to the corporate officer named on the no ce of election to be exempt and apply only within the scope of the business or trade listed on the notice of election to be exempt. Purs n subsection 440.05(13), F.S., notices of election to be exempt and certificates of election to be exempt shall be subject to revocation if, at any time afte ling of the notice or the issuance of the certificate, the person named on the notice or certificate no longer meets the requirements of this section for issu ce of a certificate. The department shall revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this section. DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 08-13 E01473855 QUESTIONS? (850) 413-1609 Page 10 of 17 DocuSign Envelope ID: C9C82BF4-5D04-4C0E-98E5-A2D79974F818 ERTIFICATE OF INSURANCE rim Florida Lawyers Mutual I N SUR A NCE COMPANY 541 E. Mitchell Hammock Road Oviedo, Florida 32765 Phone: 800-633-6458 Fax: 800-781-2010 www.flmic.com Lawyers Professional Liability Policy This is a Claims Made and Reported Policy. Please read it carefully. Declarations Policy Number: 102125 Item 1. Named Insured: Mailing Address: Item 2. Policy Period: From Item 3. Limit of Liability: Item 4. Deductible: Item S. Policy Premium: /1 135 San Lorenzo Avenue S 14,f 830 Coral Gables, FL 331 01/26/2022 to� /2023 at 12:01 A.M. (, C indard Time at Your Address Shown Above (300,00(i51\ Per Claim 04Q0 Total Limit Q $10,000 Annual Aggregate P $1,366.00 Annual Premium Macey Law Item 6. Forms and Endorsements Attached at Policy Issuance: FLPL-101 (R.10/01/2018) FLPL-108 (R.08/01/2011) FLPL-200 (R.03/01/2014) FLPL-103 (R.08/01/2011) FLPL e-JDTM (R.01 /01 /2016) The Policy is not valid until signed by Our authorized representative. January 26, 2022 Date Issued FLPL-100 (R.08/01/2011) Page 1 of 1 Page 11 of 18 DocuSign Envelope ID: C9C82BF4-5D04-4C0E-98E5-A2D79974F818 EXHIBIT B- CERTIFICATE OF INSURANCE FO Florida Lawyers Mutual INSURANCE COMPANY Lawyers Professional Liability Policy This is a Claims Made and Reported Policy. Please read it carefully. RETROACTIVE DATE SCHEDULE ENDORSEMENT Named Insured: Macey Law Policy Number: 102125 Endorsement Number: 1 `, Effective Date: 01/26/2022 V It is understood and agreed that the Retroactive Date of P lawyer is as shown below: Name q V Retroactive Date David W. Macey ('�S 01/26/2022 'J� 4Ce t\ All other terms and conditions of the Policy remain unchanged. January 26, 2022 Date Issued FLPL-103(R.08/01/2011) Page 1 of 1 Page12of17 DocuSign Envelope ID: C9C82BF4-5D04-4C0E-98E5-A2D79974F818 EXHIBIT Ii- CER'TIFICATE OF INSURANCE FLI Florida Lawyers Mutual INSURANCE COMPANY Lawyers Professional Liability Policy This is a Claims Made and Reported Policy. Please read it carefully. SUPPLEMENTAL CLAIMS EXPENSE EXCLUSION ENDORSEMENT Named Insured: Macey Law Policy Number: 102125 Endorsement Number: 2 / Effective Date: 01/26/2022 V V In consideration of a reduced premium, it is understo � . "d a eAhat paragraph B. Supplemental Claims Expense Coverage, under Section IV. LIMITS 0 '11 A AND DEDUCTIBLE, is deleted in its entirety. ` ((''kV� 1\ All other terms and conditions of the Polii1�a�'p upianged. January 26, 2022 Date Issued ative FLPL-108 (R.08/01/2011) Page 1 of 1 Page 13 of 17 DocuSign Envelope ID: C9C82BF4-5D04-4C0E-98E5-A2D79974F818 January 13, 2022 Ann -Marie Sharpe, Director Department of Risk Management City of Miami 444 S.W. 2nd Avenue, 9th Floor Miami, Florida 33130 Re: Status as Independent Contractor Dear Ms. Sharpe: In connection with my Expert Consultant Agreement ("Agreement") with the City of Miami ("City") through its City Manager's Office, I am writing to inform the City of the following: 1. I am entering into the Agreement as an Independent Contractor; and 2. I will be providing Expert Consultant Services on an as -needed basis and will not have any decision -making authority; and 3. I will not employ or subcontract from any other person in order to provide Expert Consultant Services to the City for this engagement; and 4. I am exempt from, and am not required to maintain any worker's compensation insurance coverage for myself; and 5. I am requesting and affirming that it is my instruction to you that any and all payments for the Expert Consultant Services provided in accordance with this Agreement shall be made to Macey Law for Tax related consequences, if any, which are solely mine and/or of the payee. If you require any further information in connection with the Agreement, please contact me at the address and telephone number provided below. Sincerely, David W. Macey, Esq. 135 San Lorenzo Ave, PH 830, Coral Gables, FL 33146 (305) 860-2562 dm©davidmacey.com Page 14 of 17 DocuSign Envelope ID: C9C82BF4-5D04-4C0E-98E5-A2D79974F818 INSURANCE ADDENDUM INSURANCE DEFINITIONS, REQUIREMENTS AND CONDITIONS The VENDOR/CONTRACTOR/CONSULTANT agrees to provide and maintain throughout the life of this Agreement, and at Vendor/Contractor/Consultant's expense, insurance coverage outlined herewith as applicable insuring all operations related to the Agreement and any extensions thereof. Workers Compensation and Employers Liability Statutory and subject to the Laws of the State of Florida. This coverage protects against lawsuits stemming from workplace accidents. It provides for medical care to injured employees, along with compensation for lost income. Commercial General Liability It protects against accidents and injuries that occur on company property or the property of a customer. It compensates an injured person or owner of property for injuries and property damages, and the cost of defending lawsuits, including legal settlements or investigations. This policy also covers claims resulting from products exposures, libel, slander, copyright infringement and other personal and advertisement injuries. Commercial Automobile Liability It protects against liability, no fault, medical payments, uninsured and underinsured motorist claims, collision and other than collision physical damage. In addition, this policy affords coverage on autos that are hired or borrowed or non -owned for use in the business. The non -owned can be autos owned by employees or members of their households. Non -Owned Auto exposures can be endorsed or added under the Commercial General Liability Policy. Professional/Errors and Omissions Liability Used by many professionals such as engineers, lawyers, accountants, stockbrokers, financial advisers, insurance agents, court reports, dentists, nurses, and teachers. It protects against the financial effects of liability lawsuits filed by clients. It basically protects professionals who cause harm to a client due to incompetence, errors, or negligence. Umbrella Liability It protects against liability and losses after primary insurance benefits have been exhausted. This supplemental coverage kicks in only after the underlined liability policies have paid their maximum benefits. Environmental Liability It protects against the financial costs of claims of injury or damage due to pollution, and other costs of cleaning up pollutants. These policies are designed to cover both property and liability risks. Directors and Officers Liability Page 15 of 17 DocuSign Envelope ID: C9C82BF4-5D04-4C0E-98E5-A2D79974F818 This coverage protects against claims from stockholders, employees and clients that are also aimed individually at directors and officers. These claims typically stem from errors in judgement, breaches of duty and wrongful acts in connection with company business. Cyber Liability It protects against costs of the theft, destruction, or unauthorized use of electronic data through computer viruses or network intrusions. It also adds protection to a business against such costs if a business fails to safeguard another party's electronic data. Companies sharing data outside their internal network benefit from this coverage. Commercial Property It protects against claims or damages to the insured's buildings, business personal property and personal property of others. It can also provide for loss of business income coverage or extra expenses incurred because of physical loss by a covered peril to the insured's property. Commercial Crime It protects against loss of money, securities, and other property because of a variety of criminal acts such as employee theft or embezzlement, burglary, robbery, forgery, computer fraud, kidnapping and extortion. Crime insurance also covers money and securities against damage or destruction by almost any cause of loss, not just crime. Builders Risk It protects against damage to or destruction of buildings or other structures during their construction. Any party with a financial interest in a construction, remodeling, or repair project, benefits from this coverage. Surety Bonds Surety bonds are three party contracts. The principal is the party that undertakes the obligation and pays for the issuance of a bond by a surety company. The bond provides capital to guarantee the obligation will be performed. The obligee is the party that receives the benefit of the bond If the obligation is improperly performed. Valuable Papers It pays for the cost to reconstruct damaged or destroyed valuable papers and records. Typically defined to include almost all forms of printed documents or records with the exception of money or securities, and data and media which is usually excluded. Additional Requirements The Vendor/Contractor/Consultant shall furnish to the City's Departments of Procurement ("Procurement") and Risk Management ("Risk"), located at 444 S.W. 2nd Avenue Miami, Florida 33130, original certificates of insurance to be in force on the date of this Agreement, and renewal certificates of insurance thereafter. All policies indicated on the certificate shall be in compliance with all Agreement requirements. The failure of the City to obtain the applicable or corresponding certificates from Vendor/Contractor/Consultant is not a waiver by the City of any requirements for the Vendor/Contractor/Consultant. Page 16 of 17 DocuSign Envelope ID: C9C82BF4-5D04-4C0E-98E5-A2D79974F818 The Vendor/Contractor/Consultant shall furnish certificates of insurance listing the City as an additional insured. All insurance certificates shall be signed, dated, and reference the City contract number. The insurance shall provide for thirty (30) days prior written notice to be given to the City in the event coverage is substantially changed, canceled, or non -renewed. Any deductibles or self -insured retentions on referenced insurance coverages shall be borne by Vendor/Contractor/Consultant. The Vendor/Contractor/Consultant further agrees to have insurers waive their rights of subrogation against the City, its employees, elected officials, agents, or representatives. The coverages and limits furnished by Vendor/Contractor/Consultant in no way limit the Vendor/Contractor/Consutlant's liabilities and responsibilities specified within the Agreement or law. Any insurance or self-insurance programs maintained by the City shall not contribute with insurance provided by the Vendor/Contractor/Consultant under the Agreement. The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Agreement or any limitation placed on the indemnity in this Agreement given as a matter of law. If the Vendor/Contractor/Consultant is a joint venture or limited liability company, the insurance policies shall name the joint venture or limited liability company and each of its separate constituent entities as named insureds. The Vendor/Contractor/Consultant shall require all subcontractors to provide the insurance required herein. All subcontractors are subject to the same insurance requirements of the Vendor/Contractor/Consultant unless otherwise specified in this Agreement. If the Vendor/Contractor/Consultant or subcontractor desire additional coverages, the party desiring the additional coverages is responsible for the acquisition and cost. Notwithstanding any provision in the Agreement to the contrary, Risk maintains and reserves the right to modify, delete, alter, or change these requirements. Page 17 of 17 Olivera, Rosemary From: Gandarilla, Aimee Sent: Thursday, February 3, 2022 1:10 PM To: Hannon, Todd Cc: Lee, Denise; Olivera, Rosemary; Min, Barnaby Subject: Executed - EXPERT CONSULTING AGREEMENT DAVID W MACEY Attachments: EXPERT CONSULTING AGREEMENT DAVID W MACEY.pdf Good afternoon Todd: Please find attached the fully executed copy of an agreement from DocuSign that is to be considered an original agreement for your records. Qintex c ndemn& Procurement Assistant City of Miami Department of Procurement 444 SW 2' Avenue, 6th floor, Miami, FL 33130 P (305) 416-1906 F(305) 400-5338 agandarilla@miamigov.com https://miamiqov.com/Government/Departments-Organizations/Procurement LriribiiL;Itiy, and Transformaig oui w unit If you're not already a Vendor, click on or scan the QR Code to register as a new Vendor for the City of Miami. (r pax u G.& 1