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HomeMy WebLinkAboutReso 2012-1853RESOLUTION NO. 2012- I Q53 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A CONSULTANT AGREEMENT WITH CARLOS ESPINOSA, TO ASSIST THE CITY ON LOCAL AND STATE ENVIRONMENTAL ISSUES, ATTACHED HERETO AS EXHIBIT "A "; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT AND TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Carlos Espinosa has been employed by Miami -Dade County as the Director of the Department of Environmental Resources Management and during his tenure, he has gained extensive knowledge of local and state environmental issues; and WHEREAS, the City wishes to retain Carlos Espinosa's services on an as- needed basis in order to assist the City on local and state environmental issues, including but not limited to permitting issues, at the rate of Ninety Dollars ($90.00) per hour; and WHEREAS, the City wishes to enter into a Consultant Agreement with Carlos Espinosa to assist the City on local and state environmental issues on an as- needed basis, effective for six (6) months, in an amount of Ninety Dollars ($90.00) an hour, attached hereto as Exhibit "A ". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Consultant Agreement. The City Commission hereby approves the Consultant Agreement with Carlos Espinosa to provide assistance to the City on local and state environmental issues including permitting issues, in the amount of Ninety Dollars ($90.00) per hour, attached hereto as Exhibit "A ". Section 2. Authorization of City Manager. The City Manager is hereby authorized to execute said Agreement and to do all things necessary to effectuate this Resolution. Section 3. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 16th day of February 2012. Orman S. Edelcup, Mayor ATTEST: Jane A. Hines, CMC, City Clerk 82012- Carlos Espinosa Consultant Agmt Page I of 2 SJNNY /t[ S CITY OF SUNNY ISLES BEACH CONSULTANT AGREEMENT WITH r,of =ua'°o,4 CARLOS ESPINOSA CONTRACT NO: C1011 -065 THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement ") is made in duplicate, this 16A day of au , 2012, by and between the City of Sunny Isles Beach, Florida, (hereinafter refe red to as ' City"), and Carlos Espinosa, (hereinafter referred to as "Consultant "), whose Federal I.D. is # WHEREAS, Consultant has been employed by Miami -Dade County as the Director of the Department of Environmental Resources Management; and WHEREAS, during his tenure, Consultant has gained extensive knowledge of local and state environmental issues; and WHEREAS, the City wishes to retain Consultant's services on an as needed basis throughout the term of this Consultant Agreement in order to assist the City on local and state environmental issues, including but not limited to permitting issues, at the rate of $90.00 (ninety dollars) per hour ( "Services "). 1. RECITALS. The recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. SERVICES. Consultant shall provide the Services as described in the above recitals. 3. TERM. The term of this Agreement shall commence upon execution of this Agreement by both parties and shall terminate 6 (six) months thereafter. 4 COMPENSATION. Payment to Consultant for all charges and tasks under this Agreement shall be $90.00 (ninety dollars) per hour in accordance with this Agreement. The Consultant shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Consultant with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Consultant. 5. INDEPENDENT CONTRACTOR RELATIONSHIP The Consultant is an independent Contractor and shall be treated as such for all purposes. Nothing contained in this agreement or any action of the parties shall be construed to constitute or to render the consultant an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent Contractor other than those obligations which have been or shall have been undertaken by the City. Consultant shall be responsible for any and all of its own expenses in performing its duties as contemplated under this agreement. The City shall not be responsible for any expense incurred by the Consultant. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Consultant, other than those set forth in this agreement. Consultant shall furnish its own Page 1 of 5 C1011 -065 Carlos Espinosa Agreement 1 U transportation, office and other supplies as it determines necessary in carrying out its duties under this agreement. 6. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Consultant pursuant to this agreement and related services to this agreement are intended and represented for the ownership of the City only. Any other use by Consultant or other parties shall be approved in writing by the City. 7. TERMINATION. A. If, through any cause within the reasonable control the Consultant shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this agreement, the City shall have the right to terminate the services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of the agreement and grant Consultant ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this agreement (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Consultant (and sub consultant(s)) shall be delivered to the City and the City shall compensate the Consultant for all services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. (ii.) Notwithstanding the foregoing, the Consultant shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the agreement by Consultant and the City may reasonably withhold payments to Consultant for the purposes of set -off until such time as the exact amount of damages due the City from the Consultant is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the services then remaining to be performed at any time by given written notice which shall become effective ten (10) days following receipt by Consultant. The terms of Paragraphs A(i) and (ii) shall be applicable hereunder. 8. ASSIGNMENTS. TRANSFERS, SUBCONTRACTING. The Consultant shall not subcontract, assign or transfer any work under this agreement without the prior written consent of the City. 9. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami -Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non - prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. Page 2 of 5 CI011 -065 Carlos Espinosa Agreement Sd 10. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: Alan J. Cohen, City Manager City of Sunny Isles Beach 18070 Collins Avenue Fourth Floor Sunny Isles Beach, Florida 33160 Tel: (305) 792 -1701 If to the Carlos Espinosa Consultant: 13261 SW 100 Terrace Miami, FL 33186 Tel: ( 305) 385 -5479 With a copy to: Hans Ottinot, City Attorney City of Sunny Isles Beach 18070 Collins Avenue Fourth Floor Sunny Isles Beach, Florida 33160 Tel: (305) 792 -1702 11. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 12. NON - DISCRIMINATION. The Consultant agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Consultant will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital /familial status, or status with regard to public assistance. The Consultant will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non- discrimination clause. The Consultant agrees to comply with any Federal regulations issued Page 3 of 5 C101 1-065 Carlos Espinosa Agreement pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 13. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed by the Miami -Dade County Conflict of Interest Ordinance Section 2 -11.1, as amended; and by Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the services. The Consultant further covenants that in the performance of this agreement, no person having any such interest shall knowingly be employed by the Consultant. No member of, or delegate to the Congress of the United States shall be admitted to any share or part of this agreement or to any benefits arising therefrom. 14. CONFLICTING PROVISIONS. The terms and conditions in this agreement supersede any other conflicting provisions that are contained in any other document. 15. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by a writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. WITNESSES #1: LL,') ( 4� Signature Print Name WITNESSES #2: Signature e �, r Print Name C1011 -065 Carlos Espinosa Agreement Vage 4 of 5 CITY OF SUNNY ISLES BEACH BY: BY: Q!A I Jane A. Hines, C C, City Clerk Alan J. C ien, City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY Page 5 of 5 C1011 -065 Carlos Espinosa Agreement Hans Ottinot, City Attorney L-4 Preview Page 1 of 1 I, 0{ "0 " City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949 -3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Alan J. Cohen, City Manager DATE: 2/16/2012 RE: Contract with Carlos Espinosa for environmental regulation consulting services RECOMMENDATION: Approve the contract REASONS: The City is in need of assistance to better navigate local and state environmental permitting processes for several capital projects, including but not limited to the North Bay Road Emergency Bridge, Bella Vista Park, and the WASD Demo/Park project. Mr. Espinosa has extensive experience working for government enviromental regulatory agencies and will be able to assist us in moving our projects forward. ATTACHMENTS: Resolution http: / /sibagenda. sibfl. netlagendalPreview.aspx ?ItemlD= 715 &MeetinglD= O &MectingDate =... 2/9/2012