97-22619 RESO
RESOLUTION NO.
97-22619
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT
WITH JOSEPH W. MCMANUS FOR PROFESSIONAL SERVICES TO THE
PLANNING, DESIGN AND HISTORIC PRESERVATION DIVISION ON A
TEMPORARY BASIS.
WHEREAS, the Planning, Design and Historic Preservation Division is currently recruiting
to fill a vacant position of Senior Planner and has a need for interim professional planning services;
and
WHEREAS, Joseph W. McManus is a member of the American Institute of Certified
Planners, has thirty (30) years of experience as a professional planner and has served over twenty-
two (22) years in senior administrative positions in municipal government and is qualified and
willing to undertake this interim assignment; and
WHEREAS, the attached Professional Services Agreement with Joseph W. McManus will
allow the Division to staff the Planning Board until the position is filled; and
WHEREAS, funds to cover the cost of this Agreement are available from the salary in the
adopted budget for the Senior Planner position.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk
are authorized to execute the attached Professional Services Agreement with Joseph W. McManus
for services to the Planning, Design and Historic Preservation Division on a temporary bases.
PASSED AND APPROVED this the 17th day of
December
,1997
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MAYOR
ATTEST:
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APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO.
tZl-9i
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: December 17, 1997
FROM:
Jose Garcia-Pedros
City Manager
"
SUBJECT: Temporary Prafes onal Services for the Planning Division
Administration Recommendation
Approve the Resolution.
Background
On September 22, 1997, Malcom Foley resigned from the Senior Planner position in the Planning
Design and Historic Preservation Division. Mr. Foley served as the principal staff support to the
City's Planning Board and fulfilled a number of other planning related functions.
At present, the Planning, Design and Historic Preservation Division with its current assignments and
workload responsibilities is unable to shift staff resources to fulfill the needs of staff to the Planning
Board. The process to fill the position has been started and the Division anticipates that it will be
filled within the next several months.
The proposed professional services agreement with Joseph W. McManus, from December 22, 1997
to February 16, 1998, will allow the Division to fully staff the Planning Board until such time as the
position is filled.
Funds to cover the cost of this Agreement are available from the salary in the adopted budget for the
Senior Planner position.
Conclusion
Approve the professional services agreement for temporary assistance with fulfilling the staff needs
of the CityfS~PI ing Board.
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AGENDA ITEM r: IT
DATE \'2 -11.::31
AGREEMENT
This Agreement is entered into this R day of December1998, between Mr. Joseph W. McManus
(Contractor) and the City of Miami Beach (City), for a period of eight weeks with effective starting date of
December 22, 1997, and a termination date of February 16, 1998.
This agreement is for the purpose for providing consulting services to the Planning, Design and
Historic Preservation Division; to assist with all staff services pertaining to the City of Miami Beach
Planning Board; including intake, notices and advertisements, consultation, written recommendations,
referrals, meetings and minutes; maintenance of Planing Board files, and other consultant services as
necessary, to assist in general comprehensive planning and zoning projects.
For the purpose of this Agreement, Mr. McManus shall be deemed to be an independent contractor,
and not an agent or employee of the City, and shall not attain any rights or benefits under the Civil Service
or pension Ordinance of the City, or any right generally afforded classified or unclassified employees.
Further, he shall not be deemed entitled to Florida Worker's Compensation benefits as an employee of the
City or accumulation of sick or annual leave.
In consideration of the services to be provided, the City agrees to pay Contractor a flat hourly rate
of $30.00 per hour, commencing on December 22, 1997 and to be based upon a thirty (30) hour work week,
said hours to be determined by the City's Director of Development, Design and Historic Preservation
Services.
It is agreed Contractor will be able to participate in other personal service agreements with any
agency or individual which does not create any actual or inferred conflict of interest with the City of Miami
Beach.
This Agreement may be terminated for convenience of either party, by giving written notice to the
other party of such termination, which shall become effective within seven (7) days following receipt by the
other party of the written termination notice.
In the event such termination for convenience of either party, the Contractor shall be paid a sum
equal to all payments due to him up to the date of termination of this Agreement, provided Contractor is
continuing to provide all services pursuant to the Agreement up to the date of termination.
Contractor agrees to indemnify, defend 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 or omissions or other wrongful conduct of the Contractor or his subcontractors, employees, or agents
in connection with the Contractor's performance of service pursuant to this Agreement. The Contractor's
obligation under this article shall not be 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.
The City desires to enter into this Agreement only if in so doing the City can place a limit on City's
liability for any cause of action for money damages due to an alleged breach by the qty of this Agreement,
so that its liability for any such breach never exceeds the sum of $5,000.00. Contractor hereby expresses his
willingness to enter into this Agreement with Contractor's recovery from the City for any damage action for
breach of contract to be limited to a maximum amount of $5,000.00 less the amount of all funds actually paid
by the City to Contractor pursuant to this Agreement. Accordingly, and notwithstanding any other term or
condition of this Agreement, Contractor hereby agrees that the City shall not be liable to Contractor for
damages in an amount in excess of $5,000.00 which amount shall be reduced by the amount actually paid
by the City to Contractor pursuant to this Agreement, for any action or claim for breach of contract arising
out of the performance or non-performance of any obligations imposed upon the City by this Agreement.
Nothing contained in this subparagraph 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.
All notices under the terms of this Agreement shall be sent to the following:
CONTRACTOR:
Joseph W. McManus
2400 South Ocean Drive, #81141
Ft. Pierce, FL 34949-7962
CITY:
City of Miami Beach (with copies to City Attorney)
Development, Design and Historic Preservation Department
Planning Design and Historic Preservation Division
1700 Convention Center Drive
Miami Beach, FL 33139
Attn: Harry Mavrogenes, Director
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 be in Dade County, Florida.
It is further agreed that this Agreement may be altered, and amended only upon the written consent
of both parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by the
respective officials thereunto duly authorized, this date and year first above written.
CITY OF MIAMI BEACH,
a Florida Municipal Corporation
Contractor:
Witness (.
Attest: ~~JL,u.l <f 'p iU~
City Clerk
Mayor
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APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
/Yf1!lfljL
City Attorney
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