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2003-36 AGREEMENT WITH WILLIAM J GREEN JR JDRESOLUTION NO. 2003-_16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING AMENDMENT NO. 1 TO THE AGREEMENT BY AND BETWEEN THE CITY OF MIAMI GARDENS AND WILLIAM J. GREEN, JR. J.D.; AUTHORIZING THE MAYOR TO EXECUTE THE CONSULTANT AGREEMENT ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, William J. Green, Jr., J.D., was hired as the Transition Coordinator during the initial phase of the City's operation and approved by Resolution No. 2003 - 13; and WHEREAS, the City wishes to retain William J. Green, Jr., J.D., as the Transition Coordinator during the initial phase of the City's operation; and WHEREAS, William J. Green Jr., J.D., wishes to continue as the Transition Coordinator under the terms and conditions set forth herein. NOW THEREFORE, the City hereby amends the consultant agreement by and between the City of Miami Gardens and William J. Green, Jr., J.D., as follows: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. Approval of Amendment. The amendment by and between the City of Miami Gardens and William Green, Jr., as attached hereto as Exhibit "A" be, and the same, is hereby approved. Section 2. Authority of Mayor. The Mayor is hereby authorized to execute the amendment to the consultant agreement by and between the City of Miami Gardens and William J. Green, Jr., J.D., attached hereto as Exhibit "A". Section 3. Effectiye Date. This Resolution shall become effective immediately upon adoption. PASSED and ADOPTED this day of October, 2003. shirley C^so^^, Ma^ym Greenreso[l] ATTEST: Ronetta Taylor, Qjity Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ans ^Interim City Attorney Moved by: Councilmbr. Watson Seeondedby: VM. Campbell VOTE:7-0 Mayor Shirley Gibson X (Yes)(No) Vice Mayor Aaron Campbell X-(Yes)(No) Council Member Melvin L. Bratton X (Yes)(No) Council Member Oscar Braynon II X (Yes)(No) Council Member Audrey King X (Yes)(No) Council Member Sharon Pritchett X (Yes)(No) Council Member Barbara Watson X (Yes)(No) Greenreso[ 1 ] EXHIBIT A AMENDMENT NO. 1 TO AGREEMENT BY AND BETWEEN THE CITY OF MIAMI GARDENS AND WILLIAM J. GREEN. JR.. .T.D. WHEREAS, William J. Green, Jr., J.D., was hired as the Transition Coordinator during the initial phase of the City's operation and approved by Resolution No. 2003 - 13; and WHEREAS, the City wishes to retain William J. Green, Jr., J.D., as the Transition Coordinator through the period ending February 28, 2004; and WHEREAS, William J. Green Jr., J.D., wishes to continue as the Transition Coordinator under the terms and conditions set forth herein. NOW THEREFORE, the City hereby amends the agreement by and between the City of Miami Gardens and William J. Green, Jr., J.D., as follows: Section 1. Duties 1. Provide administrative support to the Interim City Manager 2. Assist in the preparation and development of Council agendas with the City Clerk and the City Attorney 3. Coordinate placement of all legal ads with appropriate publication 4. Assist in the development of interlocal agreements with Miami-Dade County 5. Manage process to secure temporary and permanent office space for the City 6. Secure all services necessary to operate administrative office space 7. Review and respond in writing to all citizen/community issues, concems, and complaints 8. Develop for distribution purposes a fact sheet about the City 9. Organize workshops as required for the Council 10. Assist the City Clerk as needed 11. Perform all other duties as assigned by the Interim City Manager regarding the day to day operations of the City 12. Serve as the Budget Officer for the City Section 2. Compensation. The compensation shall be $7,000 a month as specified in the base contract and it shall be payable in accordance with regularly scheduled method of compensation instituted for consultants hired by the City. Section 3. Term and Termination. This Agreement shall extend the existing contract through the period ending February 28, 2004. Either party may terminate this Agreement at any time upon two (2) weeks notice. If Agreement is terminated, the Transition Coordinator shall be compensated for work performed until the date of termination. All other terms and conditions of the contract remain the same. CITY OF MIAMI GARDENS ShirleyXiib^n, ^sdayor WILLIAM J. GREEN JR., J.D. JL ^ILLIA}^ J. GREEN JR., J.D. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: O not/Hans Interim City Attorney ATTEST By: Ronetta Taylor^MC City Clerk o:. H:iz 2003 ..*• 9E MEMORANDUM To: Tl^Honorable Mayor and Date: October 8,2003 ;rs of the GUy (^uncil From:i€y^iaW^j^OT7 Subject: Transition Coordinator Inffirim City Manager ^ Agreement Pursuant to Resolution 2003-13 the current consulting contract between the City of Miami Gardens and William J. Green Jr., J.D. expires as of October 24, 2003. As the Council is aware, Mr. Green has played an instrumental role in the development of the transition budget, the 2003-04 fiscal year budget and the interlocal agreements between the City and Miami-Dade County. In addition, Mr. Green's knowledge of Miami-Dade County, the community and the administrative process as a whole makes him a very valuable part of this administration. As such, as Interim City Manager I am re- appointing Mr. Green to the position of Transition Coordinator for the period October 24, 2003 through February 28, 2004. This appointment is being made pursuant to Resolution No. 2003-17, Section 3 (Appointment of Interim City Manager). Due to the fact that the original contract for Mr. Green was approved by the Council, the attached amendment to that agreement is recommended for Council approval. Agreement Between the City of Miami Gardens and William J. Green Jr, J.D. This Agreement is made and entered into this S"' day of October 2003, between the City of Miami Gardens, Florida (hereinafter the "City") and William J. Green, Jr., J.D. (hereinafter the "Transition Coordinator"), pursuant to the following terms and conditions. Whereas, the City wishes to retain William J. Green, Jr., J.D. as the Transition Coordinator during the initial phase of the City's operation; and Whereas, William J. Green Jr., J.D wishes to continue as the Transition Coordinator under the terms and conditions set forth herein. Now, therefore, in consideration of the mutual promises and covenants contained herein the City and the Attorney agree to the following: Seetion 1. Duties. The Transition Coordinator shall perform the following duties: 1. Provide administrative support to the interim city manager. 2. Assist in the preparation and development of Council agendas with the city clerk and the city attorney. 3. Coordinate placement of all legal ads with appropriate publication. 4. Assist in the development of interlocal agreements with Miami-Dade County. 5. Assist in the preparation and development of the transition and FY 2003-04 operating and capital budgets. 6. Manage process to secure temporary and permanent office space for the City 7. Secure all services necessary to operate administrative office space. 8. Review and respond in writing to all citizen/community issues, concems, and complaints. 9. Develop for distribution purposes a fact sheet about the City. 10. Organize workshops as required for the Council. 11. Assist the city clerk as needed. 12. Perform all other duties as assigned by the interim city manager regarding the day to day operations of the City. Section 2. Compensation. The compensation shall be $7,000 a month and it shall be payable in accordance with regularly scheduled method of compensation instituted for consultants hired by the City. Section 3. Term and Termination. This Agreement shall extend the existing contract for the length of the Transition Period as determined by the City Manager. Either party may terminate this Agreement at any time upon two (2) weeks notice. If Agreement is terminated, the Transition Coordinator shall be compensated for work performed until the date of termination. Section 4. Coordination of Services. The City's representative/liaison during the performance of this Agreement shall be Danny O. Crew, City Manager. The Transition Coordinator may respond to requests for services under this Agreement from Council Members, the Mayor and the City Manager. Section 5. Entire Agreement. The parties agree that this is the entire Agreement between the parties. This Agreement cannot be amended or modified without the express written consent of the parties. Section 6. Scverability. If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, illegal, invalid, or unenforceable, the remainder of the Agreement or portions thereof, shall not be affected and shall remain in full force and effect. Section. 7. Waiver. The waiver by either party of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach of by that party. Section 8. Governing Law. The validity of this Agreement and the interpretation and performance of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws thereof. The location of any action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County, in the State of Florida. CITY OF M / MI GARDENS WILLI JR.,J.D. Daimy O. Crew City Manager Witness M J. GRE Witiiess Date Date • T'iliM riwtliilfelilTil'-ir n Inil M^iBiiii ""i 'Ti