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