2001-24545 Consultant Agreement
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\cLmiami-beach.fJ.us
COMMISSION MEMORANDUM NO.
S-/8-(}/
TO:
Mayof Neisen O. Kasdin and DATE: July 25, 2001
Members of the City Commission
Jorge M. Gonzalez "\ ~
City Manager U tJ'f 0
A RESOLUTION APPROVING AND RATIFYING THE CONSULTANT
AGREEMENT BETWEEN THE CITY AND RICHARD BARRETO.
FROM:
SUBJECT:
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
ANALYSIS:
Under the Deferred Retirement Option Plan (DROP), Police Chief Richard Barreto is scheduled to
retire effective September 30, 2001.
Chief Barrelo joined the Miami Beach Police Department in October 1970. For the past 6 years he
has served as the Chief of Police. During his career with the City of Miami Beach he has served
with honor and distinction. His historical and present knowledge of the Police Department and the
City is invaluable.
It is the recommendation of the Administration to retain Richard Barreto in a consulting capacity.
His duties will include ensuring a smooth command transition within the Police Department and to
perform additional duties such as providing public safety advise, assist the Fire Department in the
development of a strategic plan and criteria needed for accreditation, provide expert testimony in
pending grievances, arbitrations, and law suits, and assist the City Manager as needed.
The lerm of the agreement is for a period of 18 months from the date of approval by the City
Commission. Richard Barreto has committed to serve the City no less than 40 hours per month and
will be compensated at a rate of $5,000 per month. He will submit monthly reports of his work
activities.
JMG:RP
F:\CLER\CLER\FORMSIBARRETO.CM
Agenda Item C 7A
Date 7-C}.S-o/
CONSULTANT AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND RICHARD BARRETO
2--11.- ~
THIS AGREEMENT made this ~ day of , 2001 by and between the CITY OF
MIAMI BEACH, FLORIDA (City), which erm shall include its officials, successors, legal
representatives, and assigns, and RICHARD BARRETO (Consultant).
RECITALS
WHEREAS, Richard Barreto has completed seven years of creditable service as Police Chief for the
City; and
WHEREAS, he served 24 years as an Officer on the Police Force prior to attaining the position of
Chief; and
WHEREAS, Richard Barreto has through his service obtained knowledge and expertise, which the
City deems to be of great value and which the City desires to have available for a period of time
subsequent to his intended retirement as of September 30,2001; and
WHEREAS, Richard Barreto is willing and desirous of providing such contracted service on a
consultant basis as hereafter set forth.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
SECTION 1
DEFINITIONS
Agreement:
This written Agreement between the City and the Consultant.
Manager:
"Manager" means the Chief Administrative Officer of the City.
Consultant:
For the purposes of this Agreement, Consultant shall be deemed to be an
independent contractor, and not an agent or employee of the City.
Services:
All services, work and actions by the Consultant performed pursuant to or
undertaken under this Agreement described in Section 2.
Termination:
Termination of Consultant Services as provided in Section 4.5 of this
Agreement.
SECTION 2
SCOPE OF WORK AND SERVICES REQUIRED
The scope of work to be performed by the Consultant as follows:
2.1 ( a)
(b)
(c)
(d)
Pending Grievances, Arbitrations, and Law Suits: With respect to this
area, the Consultant will be available to consult with and assist the City
Attorney's Office and the Manager or his designee and attend relative
grievance hearings, arbitration hearings, as well as be available for
depositions and testify in any pending lawsuits or any additional lawsuits or
arbitrations that may derive from the period of time that he served as Chief.
Public Safety Advice: The Consultant will be available to consult with the
City Manager and/or the Police Chief on any issue relating to public safety.
The Chief also agrees to aid in the ensuing transition once a new Chief is
selected and aid the City Manager as needed.
Fire Department: The Consultant agrees to assist the Miami Beach Fire
Department in the strategic planning process and the development of a
strategic plan. In addition, the Consultant will assist the Fire Department in
identifying the criteria for Accreditation, analyzing the challenges and
developing a plan to accomplish the same.
Assist the City and the City Manager in other duties as assigned.
2.2 Consultant agrees to devote no less than 40 hours per month to the Services under
this Agreement and will provide a monthly report on his work during that period.
2.3 Consultant agrees not to accept employment to provide Services which would be
adversarial to or in conflict with the City or its interests.
3.1 FIXED FEE
SECTION 3
COMPENSATION
Consultant shall be compensated for providing the above referenced Services, as follows:
(a) He will be granted title to 1999 Ford Truck, VIN #IFTNX20LlXEA07303. Said
vehicle shall be valued at $22,000 and is conveyed to him as consideration for
entering into this Agreement.
2
(b) He will be paid the sum of $5,000.00 per month payable monthly on the last business
day of each month for the term of this Agreement.
(c) He will have the use of a City provided cell telephone to be used for City related calls
during the term of this Agreement.
3.2 REIMBURSABLE EXPENSES
Reimbursable expenses are in addition to the compensation for the Services and include actual
expenditures made by the Consultant in furtherance of the Services contemplated in the Agreement
after prior approval by the Manager. Reimbursable expenses shall include, but not be limited to, the
following:
(a) Expenses such as long distance telephone, delivery and messenger services, and
incidentals and other costs associated with performing the Services.
(b) Invoices or vouchers for Reimbursable Expenses shall be submitted along with
supporting receipts, and other back up material required by the City, and the
Consultant shall certify as to each such invoice that the amounts and items claimed
as reimbursable are "true and correct and in accordance with the Agreement."
SECTION 4
GENERAL PROVISIONS
4.1 RESPONSffiILITY OF THE CONSULTANT
With respect to the performance of the Services, the Consultant shall exercise that degree of skill,
care, efficiency and diligence normally exercised by recognized professionals with respect to the
performance of comparable Services. In its performance of the Services, the Consultant shall comply
with all applicable laws and ordinances, including but not limited to applicable regulations of the
City, County, State, Federal Government, ADA and EEO Regulations and Guidelines.
4,2 PUBLIC ENTITY CRIMES
State of Florida form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on
Public Entity Crimes shall be filed by Consultant.
4.3 TERM OF AGREEMENT
The term of this Agreement shall be for a period of 18 months beginning October I, 2001 after
approval of this Agreement by the Mayor and City Commission.
3
4.4 INDEMNIFICATION
Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers,
employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses,
including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death,
loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen from
the negligent acts, errors, omissions or other wrongful conduct of the Consultant, or any other person
or entity acting under Consultant's control, in connection with the Consultant's performance of the
Services pursuant to this Agreement.
The Consultant's obligation under this Section shall not include the obligation to indemnify the City
of Miami Beach and its officers, employees and agents, from and against any actions or claims which
arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the
City and its officers, employees and agents. The parties each agree to give the other party prompt
notice of any claim coming to its knowledge that in any way directly or indirectly affects the other
party.
4.5 TERMINATION. SUSPENSION AND SANCTIONS
Termination for Cause
If through any cause within the reasonable control of the Consultant, the Consultant shall fail to
fulfill in a timely manner, or otherwise violates any of the covenants, agreements, or stipulations
material to this Agreement, the City shall thereupon have the right to terminate the Services then
remaining to be performed. Prior to exercising its option to terminate for cause, the City shall notify
the Consultant of its violation of the particular terms of this Agreement and shall grant Consultant
fifteen (15) days to cure such default. If such default remains uncured after fifteen (15) days, the City
may terminate this Agreement by giving written notice to the Consultant of such termination, which
shall become effective upon receipt by Consultant of the written termination notice.
In that event, all finished and unfinished documents, data, studies, surveys, drawings, maps, models,
photographs, reports and other work products prepared by the Consultant shall be properly delivered
to the City and the City shall compensate the Consultant in accordance with Section 3 for all
Services performed by the Consultant prior to Termination.
Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages
sustained by the City by virtue of any breach of the Agreement by the Consultant, and the City may
reasonably withhold payments to the Consultant for the purposes of set-off until such time as the
exact amount of damages due the City from the Consultant is determined.
4.6 ASSIGNMENT. TRANSFER OR SUBCONTRACTING
This is a Contract for the Personal Services of Consultant. The Consultant shall not subcontract,
assign, or transfer any work under this Agreement without the prior written consent of the City.
When applicable, and upon receipt of such consent in writing, the Consultant shall cause the names
of the party responsible for the major portion of each separate specialty of the Services to be inserted
into the pertinent documents or data. The Consultant shall include in any such subcontract the
4
appropriate versions of the Sections of this Agreement as are necessary to carry out the intent of this
Agreement, as instructed by the City.
4.7 CONFLICT OF INTEREST
The Consultant agrees to adhere to and be governed by the Metropolitan Dade County Conflict of
Interest Ordinance (No. 72-82), as amended; and by the City of Miami Beach Charter and Code,
which are incorporated by reference herein as if fully set forth herein, in connection with the contract
conditions hereunder.
The Consultant covenants that he presently has no interest and shall not acquire any interest, directly
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.
4.8 NOTICES
All communications relating to the day-to-day activities shall be exchanged between the Consultant
and the City Manager or his designee.
All other notices and communications in writing required or permitted hereunder may be delivered
personally to the Consultant and the City at the addresses listed below or may be mailed by certified
mail, return receipt requested.
Until changed by notice in writing, all such notices and communications shall be addressed as
follows:
TO CONSULTANT:
Richard Barreto
6831 S.W. 108 Court
Miami, FL 33173
TO CITY:
Office of the City Manager
Attention: City Manager Jorge M. Gonzalez
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Notices hereunder shall be effective:
if delivered personally, on delivery; if mailed to an address in the city of dispatch, on the day
following the date mailed; and if mailed to an address outside the city of dispatch on the
seventh day following the date mailed.
4.9 ENTIRETY OF AGREEMENT
This writing and the Scope of Services embody the entire Agreement and understanding between the
5
parties hereto, and there are no other agreements and understandings, oral or written with reference
to the subject matter hereof that are not merged herein and superseded hereby.
No alteration, change, or modification of the terms of this Agreement shall be valid unless amended
in writing, signed by both parties hereto, and approved by the Mayor and City Commission of the
City of Miami Beach.
4.10 LIMITATION OF CITY'S LIABILITY
Notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the
City shall not be liable to the Consultant for damages in an amount in excess of $10,000.00 for any
action or claim for breach of contract arising out of the performance of non-performance of any
obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or
elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon
City's liability as set forth in Section 768.28, Florida Statutes.
4.11 VENUE
This Agreement shall be enforceable in Dade County, Florida, and if legal action is necessary by
either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive
venue for the enforcement of same shall lie in Dade County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
appropriate officials, as of the date first entered above.
FOR CITY:
CITY OF MIAMI BEACH, FLORIDA
A~twJ n
By: r~
City Clerk
By:
EDASTO
FORM & LANGUAGE
& FOR EXECUTION
RICHARD BARRETO 111 }1'~ulJ.
By~~~Ctty~
Richard Barreto
~_ I)-V!
Dale
Mayor
FOR C?Z;;t7
Witness
4
MHD:lm
F:\A TIO\DUBM\AGREEMEN\BARRET02.CON
6